may 2010 may 2011 1

of decisions made by Kosovo Government

The Kosovo Government requested the dividend payment from PTK and says no to a third mobile telecom operator Funds allocated for the beginning of the project “Zhur Hydrostation” The Government requests a review of the Market Model for electrical energy. Salaries of civil servants are increased by 30 Euros. Introduction2 may 2011

During the month of March, the Kosovo Government held three regular meetings. A total of 30 decisions were made during these meetings. The decisions made deal with various issues, such as: the approval of draft laws (6 decisions), the approval of sublegal acts (1 decision), allocation of funds (3 decisions), the University of Prizren (2 decisions), the postal serviceand mobile telecom (2 decisions), the approval of documents and strategies (3 decisions), modifications within the Legislative Strategy (1 decision), the appointment of members on various boards (3 decisions), etc.

For the second year in row, the Kosovo Government has received a dividend payment from PTK through an executive decision. After the approval of the Draft law on Courts in March, this month the Government has approved an additional three draft laws in the field of the judiciary, which were marked as challenges in the EU Progress Report of 2008 and 2009. A draft law was removed from the Legislative Strategy 2010, and now this strategy features 126 draft laws. Besides the approval of six draft laws, this month the Kosovo Government again remained behind in terms of the approval of the draft laws foreseen in the Legislative Strategy 2010. During the first five months of this year, a total of 26 draft laws were approved, which amounts to 20.6% of the Legislative Strategy 2010.

The reports for all the decisions made during March 2010 can be found in GAP Monitor, the 17th in row and the first one in the newly designed format. This number of GAP Monitor, the reports about the decisions made, accompanied by the readers’ comments and opinions, can be found by clicking www.gapmonitor.org. Content:

1. The additional three highly anticipated draft Market Model for electrical energy. laws on the judiciary are approved. 13. The number of staff within the Department of 2. The administrative directive which changes Cultural Heritage is increased. the Law 14. Additional diplomatic passports are issued for 3. The Kosovo Government requested the the Chairman of the Constitutional Court and dividend payment from PTK and says no to a his family. third mobile telecom operator 15. Salaries of civil servants are increased by 30 4. Funds allocated for the beginning of the Euros. project “Zhur Hydrostation” 16. The proposal from MEF for the removal of 5. The intercity highways get expanded – a penalties for tax debts is approved. decision is made for the expropriation of 17. The Legislative Strategy 2010 is amended and properties. supplemented. 6. The Advisory Board for Environmental 18. The Draft law on amending and supplmenting Protection is completed and the Council for the Law on Travel Documents is approved Spatial Planning is appointed. 19. Attempts for the integration of the RAE 7. The Government approves the Development community–the Interagency Steering Plan for the University of Prizren Committeeis established 8. The Government provides financial support 20. The Integrated System for Emergency for the mathematicians association and the Management is established parliament member Ali Lajçi 21. The Draft Law on Establishment of the System 9. The new Draft Law on Access to Public for Securing Deposits for Financial Institutions Documents is approved. in Kosovo is approved. 10. Government proposes to the Assembly 22. The Regulation for the establishment of the names for the Procurement Regulatory the Office for Intellectual Property Rights is Commission approved with remarks. 11. The National Commission on Refugees is 23. The amendment-supplementing of the established. Strategy for the Reintegration of repatriated 12. The Government requests a review of the persons is approved. maymay 20112011 33

The additional three highly anticipated draft laws on the judiciary have been approved

The draft laws approved by the Government, this rule is not based on any legal act. The legal have been prepared by the Ministry of Justice officers in the Ministry of Justice claim that, ever during March 2009. However, the Government since March 2009 when this ministry sent these has delayed their approved for more than one draft laws to the Assembly, they were unable to year. access the modifications and supplements made to the draft laws. Therefore, they do not possess During March 2010, the Kosovo Government the draft laws in their final format as approved by approved the Draft law on Courts. The new draft the Government. According to these legal officers, law implies the nullification of the current law – it is most certain that the draft laws have been Law on Regular Courts of ex-Yugoslav Republic amended; or else, there are no reasons for them – which dates back from the time of the Socialist to be held at the Government for more than a year. Autonomous Province of Kosovo. The Kosovo Government was under pressure to include in the content of the Draft Laws, one of This month, the Kosovo Government has also the 6 points of the Document of the UN Secretary approved three important draft laws in the field of General, dated on June 12th 2008 – where the judiciary: The Draft Law on the Judicial Council according to point 2 of this document “in the of the Republic of Kosovo, the Draft Law on State regions populated with Serbian majority, special Prosecutor and Draft Law on Kosovo Prosecutorial courts may be founded which would operate under Council. The Draft Law on the Judicial Council the Resolution 1244 of the United Nations Security of the Republic of Kosovo was approved on the Council (UNSC)”. 124th government meeting held on May 13th 2010, whereas the other two draft laws were approved on In the meantime, while the Kosovo Government the 125th government meeting held on May 18th has not made these draft laws publicly available 2010. and has not sent them to the Assembly either, their exact content remains uncertain. The disapproval of Nevertheless, these three draft laws were not sent these laws was subject to criticism in the European to the Kosovo Assembly until June 14th 2010. Commissions’ Progress Reports for Kosovo in the These draft laws were not made available to the past three years. Likewise, these draft laws are public by the Government, on the grounds that also part of the legislative strategy of the Kosovo they may only be publicly available after they are government since 2008. officially sent to the Kosovo Assembly. However, 4 4 maymay 2011 2011

An Administrative Directive that changes the Law As a rule, sublegal acts serve to facilitate law enforcement, but not to change its content.

On May 26th, during the 126th meeting of the Kosovo However, modification of the Law on Public Government, a decision was made (Decision 2/126) Procurement through a sublegal act, is not in for the approval of the Administrative Direction on accordance with current laws in power. As a rule, Signing of Public Contracts of a Medium and High sublegal acts serve to fulfill primary legal acts, Value. According to this administrative directive, but in no case should they be in contradiction in addition to the procurement officials, who had with the contents of the law itself. Article 24 of the responsibility and the right for signing all the Law on Public Procurement specifies that “A public contracts, from now on the contracts worth public contract that is not signed by the contracting over 10,000 Euro must be signed also by the authority’s Procurement Officer shall be void permanent secretary of the ministry and by the and unenforceable”. If the Government deems it political leader of the governmental organization necessary to change this section of the Law on as well (the minister, the mayor of the municipality, Public Procurement, it may do that only through by etc.). According to the Government, this change in Amending the Law on Public Procurement, which procurement activities was made with the purpose must be approved by the Kosovo Assembly. of clarifying the responsibilities associated with the signing of public contracts. maymay 2011 2011 55

The Government requests the dividend payment from PTK and says no to a third mobile telecom operator Within two years, through two different decisions, the Government has requested from PTK a dividend payment in the value of 280 million Euros.

With the entry into force of the Law on Public During the same meeting, the Kosovo Government Enterprises, the Government of the Republic recommended the Telecommunications Regulatory of Kosovo became the legitimate executor of Authority (TRA) not to provide a license for a third shareholder rights in the Public Enterprise “PTK” mobile telecom operator in Kosovo for the next JSC and since then reserves the legitimate right to five years. This recommendation was given after request the declaration and payment of dividends to the Government concluded that the introduction the shareholder, from this enterprise. Such decision of a third mobile operator in the Kosovo market was made last year, on July 14th 2009, when the would significantly lower the overall value of PTK. Kosovo Government requested from PTK to make Furthermore, it would significantly influence the a dividends payment in the value of 200 million process of private sector participation in PTK. The Euros. A similar payment was required from PTK in TRA was made aware of this recommendation only the 124th Government meeting as well, held on May through the local media, while even after ten days 13th 2010, in the value of 80 million Euros. Besides it still hasn’t received an official recommendation this amount, this public enterprise was ordered from the Government. However, the decision to freeze in a comprehensive manner the level of to license a third mobile telecom operator is a wages and to freeze any new employments, as well legitimate competence of the TRA, a competence as not to renew the existing work contracts beyond provided by the Law on Telecommunication which December 31st 2010. Along with this decision, the considers TRA as an independent regulatory body PTK is ordered not to implement any new capital which reports to the Kosovo Assembly. According projects or expenses, which are not foreseen in to its officials, the TRA retains its position regarding the business plan approved by the shareholder – this issue, claiming that increased competition the Government. The responsible official for the results in improved services to the consumer. implementation of this decision will be the Minister of the Ministry of Economy and Finance, in the role of the Chairman of the Inter-Ministerial Commission on Public Enterprises. 6 maymay 20112011

Funds allocated for the beginning of the project “Zhur Hydrostation”

The Kosovo Government for Project Management Unit, MEM didn’t use any other plan approved the request of the whereas for the Transaction or strategy for Hydropower Zhur, Ministry of Energy and Mines Advisers an additional of amount apart from the feasibility study. (MEM) regarding allocation of €350,000 was requested. Thus, Experts assume that in Kosovo 18 the money for the project “Zhur based on the officials of MEM, this hydropower stations can be built, Hydrostation”. The Kosovo is a technical mistake made while where Hydropower “Zhur” will be Government, on its meeting held drafting the decision, for which among the first ones and with the on May 13th 2010, approved the they will request the improvement. highest capacity. This hydropower, request regarding the allocation The approved funds will be spent which is expected to be built in Zhur of €160,000 for the establishment for contracting the project manager village, of the Prizren Municipality, of Project Management Unit and and other five engineers. After can provide to the electric power Transaction Advisers. However, 5 to 6 months additional experts system of Kosovo, a variable power based on MEM the request will be hired. This office will start of 305 MW, with average annual for €160,000 was specifically operating since August. Until now production of 398 GWh.

The intercity highways get expanded – a decision is made for the expropriation of properties

The Kosovo Government, on its to Mitrovica. This decision was Post-Telecommunication and 124th meeting, decided to approve made in full accordance with the Municipalities where the the request for the expropriation the Law on Expropriation of respective cadastral zones are of properties in order to expand Immobile Property. Meanwhile, located. The expansion of these the intercity highways Prishtina- the compensation value of these intercity highways was one of the Peja and Prishtina-Mitrovica. The properties will be determined based campaign promises made by PDK expropriation of properties will be on corresponding categories during the campaign for the 2007 conducted throughout road M9 from the Ministry of Economy elections. from Fushe Kosova to Arllat, and and Finance and supported by the highway M2 from Prishtina the Ministry of Transport and maymay 2011 2011 77

The Advisory Board for Environmental Protection is completed and the Council for Spatial Planning is appointed The CV’s of these applicants are sent to the Assembly for review and final approval.

The Kosovo Government, board is independent from any the members of the Council for on its 124th meeting, based other authority. The duties of the Spatial Planning consisted of: on the decision 8/124 for the board are to provide ideas and Ruzhdi Pllana, Ylber Vokshi, members of the Advisory suggestions for the Assembly Ilir Gjinolli, Laura Kusari-Limaj, Board for Environmental and the Government, as well as Xhelal Lloncari, Dervish Qerreti Protection, recommended the to inform the public on issues dhe Adem Pajaziti. Based on following candidates to the such as: article 7 of the Law on Spatial Kosovo Assembly: Behxhet • the environmental situation Planning, this council is founded Mustafa, Sylejman , and trends within the field of with the objective of ensuring Kemail Bislimi, Nysrete Doda – environmental protection; the required conditions for a , Tush Markaj dhe Luan • the strategy and policy for sustainable and equal spatial . Based on the article environmental protection development for Kosovo, 62 of the Law on Environmental and their coordination with to ensure professional and Protection, the Kosovo Assembly international trends; scientific support in drafting appoints the Advisory Board for • the harmonization between documents. The duties of this Environmental Protection, which economic development and council are to provide thoughts, will advise the Assembly and environmental protection; ideas, proposals and remarks for the Government with regards to • the laws which regulate documents of spatial planning environment protection issues. environmental protection; and other documents determined The board must be consisted • the activities of relevant by this law, which are approved of seven members, which are ministries and municipalities by the Government or the Kosovo appointed by the Assembly. The in the field of environmental Assembly. The Council Members Board Members are chosen protection; may not be officials, managers, amongst distinguished experts • public initiatives, and owners or employees of and scientists in the field of • other functions determined by business entities which conduct environmental protection and law professional work of spatial they may not be employed in During the same meeting, the planning, such as architects. the respective Ministry. The Kosovo Government appointed 8 may 2011

The Government approves the Development Plan for the University of Prizren According to the recommendations of this Plan, the ‘University of Prizren’ may not be called ‘University’for the time being, instead the term ‘College’ will be used. Likewise, the Law on Higher Education specifies that the term ‘University’ may only be given to accredited bodies of higher education, which has at least 3,000 regular students, which offers programs in at least 5 different faculties with at least 600 students per faculty.

The decision for the establishment of the University Technology (2011), the Institute for Governance and of Prizren was taken by the Government on October Economy (2011), Institute for Energy (2012) and 9th 2009. Whereas, on February 12th 2010, the Institute for Medical Research (2012). Government instructed MEST to hire a consulting The development plan also includes the required company for drafting the Development Plan for methods which are to be adopted by the University University of Prizren. For this purpose, MEST hired in order to ensure quality. It is expected that the the german company CHE Consult. Consequently, Bologna System with three study cycles will be in its 125th meeting, the Government approved adopted, whereas the majority of bachelor programs the Development Plan for University of Prizren. are recommened to be four year programs, where According to this plan, the first academic year in the at least one semester consists of practical work. University of Prizren must start on October 2010, Master studies are expected to be one or even two with a number of students ranging from 3,000 to year programs with half norm. It is also suggested 5,000. The University is anticipated to be modern in that the departments are headed by foreign infrastructure, course methodology and content, and managers who posses a Doctorate academic title. research oriented.Initially, the university will start According to this Plan, the University of Prizren operating in the facilities of the Faculty for Education is recommended to find partners from Austria, in Prizren, until the new facilities are build in the land Germany, Great Britain, Ireland, United States or assigned by the municipality. Since the University Italy, with the objective of loaning study programs will start from scratch, it is recommended that it and stuent exchanging activities. is named University College, whereas the Post- During the month of June, the University of Prizren graduate College will be established in the years to must select its rector, who will then select the come. This may result from the interpretation of the academic staff. However, this development plan Law on Higher Education, which specifies that the is not final, since according to the coordinator term ‘University’ may only be given to an accredited of University of Prizren within MEST, the rector holders of higher education, which has at least reserves the right to interfere in the modification of 3,000 regular students, which offers programs in at this development plan. least 5 different faculties with at least 600 students On the same meeting, the Government approved per faculty. It is anticipated that the academic staff the MEST request for the allocation of 2 milion will be divided based on departments. Initially, it is euros for the ‘University of Prizren’ program. The recommened that the following departments are table below provides further details regarding this established: allocated budget. • Department for language and translations; • Department for Engineering and computer ‘University of Prizren’ Allocated amount: sciences; Program 2 Milion • Department for governance and economy (law, Employees 95 people economy, business management, political Wages and salaries 303.272,33 euro sciences); Goods and services 696.027,67 euro • Department of Medical Sciences Municipal expenses 85.000,00 euro • Department of arts, human and natural sciences Capital expenses 916,700,00 euro (including mathematics). The Development Plan also suggests the Meanwhile, according to budget forecasts for 2011 establishment of four additional Institutions in the and 2012, a total of 5 milion euros will be allocated following years, including the Institute for Information for the University of Prizren. may 2011 9

The Government provides financial support for the mathematicians association and the parliament member Ali Lajçi

The Kosovo Government, on its local and international bodies, Kosovo Government approved 124th meeting, allocated funds associations, institutions and the request of the parliament in value of 11 thousand euros individuals’ organizing and member Ali Lajçi to cover his to cover the expenses of the supporting various activities medical curing expenses. mathematicians association of (such as competitions, seasonal The funds are allocated from Kosovo. This association was schools, course series, etc. the Government reserves for founded during August 2008 Mathematics is evaluated to be unforeseen expenses, and they and it’s located in Prishtina. The one of the fields with a significant will be transferred to Mr. Ali Lajçi’s activities of this association are as deficit of qualified staff and a low bank account, after the receipt follows: organizing and supporting level of interest to study this field. of the expense invoices. It must seminars, conferences, Therefore, financial support and be noted, that on December last forums or other forms of public stimulation for the youth may year, the Kosovo Government, organizing; the publication help influence and increase the during its 96th meeting, had and purchasing of magazines, awareness for this field of study allocated medical treatment books and other scientifical within institutions, professionals funds for the late Fadil Ferati and and professional materials; the and students. current Mayor of the Municipality necessary cooperation with the On the same meeting, the of Ferizaj – Mr. Bajrush Xhemajli.

The new Draft Law on Access to Public Documents is approved

The Kosovo Government, not foreseen to differ significantly working days to only 7 days. during its meeting on May from the content of the actual law The remaining part of the draft 13th, approved the Draft law on in power. The most important law simply restates the majority Access to Public Documents. change foreseen with the new of the contents of the actual law. After it is approved by the Kosovo draft law is the shortening of The problem with the Law on assembly it will replace the Law the time periodfor responses Access to Official Documents, on Access to Official Documents to requests for access to public which has been in power since which has been in power since documents from 15 working days, 2005, was not related to its 2003. Changing the name of the to 15 calendar days, where the content but rather regarding its law from “official documents” non-working days are calculated implementation. Thereby, the to “public documents” does not as well. This means that the replacement of the actual law have any effect in its content, responses should be provided with a new, renamed law, does since it is clearly stated in the 4-6 days faster. Likewise, it is not solve the problem regarding very beginning of the draft law foreseen that the time period for access to official (public) that “a public document implies responses of public authorities documents. an official document”. The to confirmed requests, will be content of the new draft law is shortened as well, from 15 10 maymay 20112011

Government proposes to the Assembly the names for the Procurement Regulatory Commission For 6 months, the Procurement Regulatory Commission has been functioning with an expired mandate.

In the 125th meeting, the Kosovo Government proposed to the Kosovo Assembly, the appointment of the Chairman and Members of the Procurement Regulatory Commission, as follows: Safet Hoxha – chairman, Ilaz Duli – member and Silvana Nikolcevic – member. Based on the Law on Public Procurement, members of the PPRC must meet at least one of the following criteria: he/she must be a lawmaker, an economist or a professional with a university degree in the field of engineering or architecture, and have a significant experience in the execution of work projects. In contrast with the previous mandate when the PPRC was consisted of 5 members, but with the amendment and fulfillment of the Law on Public Procurement in Kosovo 02/L-99, article 86.1, in February 2007, the PPRC now consists of only three (3) members. The mandate of five years remains the same, whereas the re-appointment of the members can only be done once.

The National Commission on Refugees is established

In the Law on Asylum, which representative of MLSW, MLGA, same outcome as the Office for entered into force on June 15th MJ, MFA, MEF, MEST, UNHCR, Assylum, in that case, the interest 2008, it is stated that the National CDHRF, and the representative party may submit a complaint for Commission on Refuges must of KRCTV. review to the judicial bodies. be established by the Kosovo The work of this commission Government according to the The role of this commission is will be independent and this proposal by the Ministry of to review the complaints that composition will have a two year Internal Affairs. The Government may come from various parties mandate. The MIA is obliged to took a decision for the interested to obtain the refugee ensure the necessary working establishment of this commission status. Initially, the request for space and technical support for in its 125thmeeting, held on May asylum is sent to the Office for the work of this commission. The 18th 2010. This commission will Assylum which functions within members of this commission will feature a total of 11 members the MIA. If the decision of the be compensated with 200 euros including the Chairman of the Office for Asylum is negative, than per month, and this amount will Commission and his deputy. the party may submit a request be covered from every respective This commission is consisted to this commission and if this organization/ministry for their by: the representative of MIA commission determines that the representative. who is also the chairman of the party has been damnified, it will commission, the representative return the request to the Office of the OPM, who is also the vice for Asylum for further review. If chairman of this commission, the this commission determines the maymay 20112011 1111

The Government requests a review of the Market Model for electrical energy The Kosovo Government, on accordance with the obligations the project Thermo power-plant its 125th meeting, approved of the Energy Community Treaty, “New Kosovo” in compliance the decision which obliges the the Strategy for Energy, to enable with the Government decision Ministry of Energy and Mining future generation projects and to no. 7/99 dated December 17th to work in coordination with the avoid creating obstacles for the 2009. Likewise, this model Ministry of Economy and Finance participation of Kosovo in the shall be in compliance with the in order to establish and guide regional energy market. reconfiguration and publishing the Working Group on review and The proposed Market Model of the Invitation for Expression of revision of the Market Model for for Electrical Energy, always Interest and of the privatization Electrical Energy. This group will according to this government process for the Distribution be responsible for making sure decision, must be a passing and Supply Company, as it is that the proposed Market Model model which ensures the foreseen based on decision 8/39 for Electrical Energy is in full successful implementation of dated October 8th 2008.

The number of staff within the Department of Cultural Heritage is increased

The establishment of the based on the recommendations number of personnel within this Department of Cultural Heritage of the Council of Europe this Department for 5 new positions, has pushed the officials of the division was transformed to a which are: Department Director, Ministry of Culture, Youth and Department. This decision was Head of Division, Chief of Sector, Sports to request from the made during the 125th meeting Database Administration, as Government to allow an increase of the Government, on which well as the Executive Assistant in the number of staff by 5 people. occasion the Government position. Earlier, this Ministry had a Division decided to approve the request of Cultural Heritage, however, of this ministry for increasing the 1212 maymay 2011 2011

Additional diplomatic passports are issued for the Chairman of the Constitutional Court and his family As we wrote previously on the GAP Monitor 4, until April 31st 2009, the Ministry of Foreign Affairs had issued 177 diplomatic passports.

In the last meeting for the month of mentioned decision must within embassies and consulates May, the Government decided to be amended to include the as well as to other officials as amend and fulfill the Government Chairman of the Constitutional specified by article 11 of this Law. decision No. 02/31 dated August Court as well. After the completion of the 27th 2008, which specifies the mandate, the diplomatic category of officials who have Last year, on April 8th 2009, passports, and after the the right to be equipped with the Government had decided to completition of the official diplomatic passports, which are include the Head of the Kosovo travel, the official passports – issued by the Ministry of Foreign Intelligence Agency, in the list are deposited to the Ministry of Affairs. Article 3.3 of that decision of people who have the right Internal Affairs. If the carrier of a states that diplomatic passports to be equipped with diplomatic diplomatic or an official passport are also issued to the spouses/ passports. According to the Law is discharged from official duty, husbands and children under the on Travel Documents (Law No. fired from work or reassigned age of 18, of the President of the 03/L-037), diplomatic passports to a different position, he/she is Republic of Kosovo, President are issued to representatives obliged to submit their diplomatic of the Assembly, Prime Minister, of diplomatic missions and or official passport. The validity of deputy Prime Ministers; and diplomatic personnel as well as these type of passports cannot be ministers. to other officials as specified by longer than 5 years. As we wrote article 10 of this law, whwereas previously on GAP Monitor 4, Whereas, according to the last official passports are given to until April 31st 2009, the Ministry decision of the Government, the technical and administrative of Foreign Affairs had issues 177 the article 3.3. of the above personnel of diplomatic missions diplomatic passports. may 2011 13

Salaries of civil servants are increased by 30 Euros This fund, which will be distributed to all those categorized as civil servants according to Law on the Civil Service, reaches the amount of 5 milion euros per year.

In the 126th meeting, the obliged the Ministry of Public of the Prime Minister and the Government decided to increase Administration to prepare all the Ministries, executive agencies, the salaries of civil servants by necessary infrastructure for the independent and regulatory 30 euros (gross amount). This initial implementation of the Law agencies, and municipal fund, which will be distributed on Civil Service and the Law administrations. Likewise, to all those categorized as on Salaries of Civil Servants, in the diplomatic and consular civil servants according to Law order to beging implementation personnel is also considered as on Civil Service, reaches the as of January 1st 2011. The part of the Civil Service. The same amount of 5 milion euros per preparations must be completed is valid for the administrative year – which will be distributed by November 1st 2010 at the personnel sent in foreign accordingly to specific budget latest. countries, those employed in lines for every budgetary the MFA, civil personnel within organization. However, this Until then, the civil servants must the Kosovo Police, the KSF, amount of 30 euros will be given be satisfied with an increase Kosovo Customs, the Kosovo to civil servants only for an eight of 30 euros. Kosovo has a total Correctional Service, and the month period, respectively from of 14,746 workers with a civil personnel within the judicial and May 1st 2010 until December servant status, where according procuratory system. We have 31st 2010. Thereby, this decision to the Law on Civil Service, this written more about regulating the will be in power until the end category consists of workers Salaries of the Civil Servants, in of the year 2010, while in the from the administration of the GAP Monitor 4. meantime, the Government Assembly, Presidency, Office

The proposal from MEF for the removal of penalties for tax debts is approved

The Kosovo Tax Administration their obligations to the state. tax debts, must paid in full with a (KTA) has been facing many Regarding this issue, during its single payment completed during obstacles regarding tax collection, 126th meeting, the Government the time period while this decision which have made them think approved the proposal from is in power.The tax debt relief about new methods on collecting the Ministry of Economy and includes all types of penalties for the tax debts from companies Finance to eliminate the penalty all unpaid taxes during the above or other organizations. The policies towards business which mentioned period, regardless of high level of fiscal evasion have not completed their tax when the tax debt was evaluated. which is causing large losses obligations. This decision will be Likewise, in order to quality to the state has resulted in the valid for all taxpayers who make for removal of penalties, one lack of trust of domestic and the full payment of all their taxes condition must be fulfilled: all tax foreign business and especially and incurred interest regarding debts and incurred interested potential investors, since fiscal the tax periods up to December must be fully paid after the date evasion not only damages the 31st 2008. However, payments in of this decision, but no later than state budget, but it also deters rates will not be allowed and the November 30th 2010. the fair competition amongst entire tax amount including the those few companies which pay obligatory interest for the eligible 14 may 2011

The Legislative Strategy 2010 is amended and supplmented

The Government has once again, amended the May 26th, when the Government decided to remove Legislative Strategy 2010, which was approved the Draft Law on Ammending and Supplementing with the Government decision no. 2/101 dated the Law on Scientific Research Acitvities, which was December 30th 2009. Since the approval of this foreseen to be approved on November 30th2010. highly important legislative document, The Kosovo Regarding this strategic document, GAP Institute Government had amended and supplemented it 5 has published an analysis paper “Facts about the times until now. The initial strategy approved one Legislative Strategy” on February this year. This day before the end of the calendar year 2009, analysis paper elaborates the issues which led included a total of 123 draft laws, where 65 of them to frequent changes to this document, on which were carried on from Legislative Strategy 2009! After occasion we proposed specific recommendations being amended for 5 times, the Legislative Strategy on how to avoid these mistakes on the future. For now has 3 more draft laws. Thereby, following this more information regarding this analysis paper, last decision, the Legislative Strategy 2010 had a read the paper at: total of 127 draft laws; however this number was (http://institutigap.org/repository/docs/Fakte%20 decreased to 126 after the government meeting of rreth%20strategjise%20legjislative.pdf).

The Draft law on amending and supplementing the Law on Travel Documents is approved One of the changes made to the new draft law is the supplementing of Article 2 which talks about definitions, with the addition of the ‘Sea License’.

The Law on Travel Documents, which went into implies the visa accompanied travel document force on June 25th 2008, must be amended due which is issued to the crew member of the seagoing to requests for the compliance of legal provisions vehicle, which will have a 2 year validity period. within the fulfillment of the criterias predetermined Meanwhile, in Article 3, the supplementing was by the European Commission on visa liberalization made in terms of the passport which is considered for the citizens of the Republic of Kosovo. Although, to be the document which contains the physical the law in power is not far from the required and electronical personal data, in contrary to the standards, as it clearly emphasizes that the previous law which stated that the passport is a relevant institutions may issue biometric passports public document given to the citizens of the Republic as one of the conditions in the visa liberalization of Kosovo. Article 12 was also supplement with the process. However, the new draft law with its recent provision on the ability of the Kosovo citizens to amendments and supplements conincides with the be equipped with passports from state embassies/ need for the fulfillment of the additional requests consulates, which was not specific in the previous within this process. The approval of these changes law.Likewise, according to Article 23, regarding the was made on the 126th Government meeting, held requests for issuing passports where besides a on May 26th 2010. few data which are foreseen to be included in the form for issuing passports, a new provision has One of the changes made to the new draft law is been included which states that the data from the the supplementing of Article 2 which talks about travel document should also be stored in a chip in definitions, with the addition of the ‘Sea Lince’, which an electronic form, including fingerprint data as well. maymay 2011 2011 1515

Attempts for the integration of the RAE community – the Interagency Steering Committee is established The Interagency Steering Commitee is establidhed and the Operative Plan is approved – a number of families of the RAE Community are expected to receive new houses.

On its 126th meeting, the Kosovo committee will complete the and “Valley of Qeshna”. This Government took a decision for the duties and responsibilities project foresees the building of establishment of the Interagency assigned by the Action Plan on the 140 houses for the families living in Steering Committee on the implementation of the Strategy for these camps, by the end of 2010. supervison and coordination of Integration of the Roma, Ashkali Meanwhile, the Municipality of the implementation of the Action and Egyptian Communities 2009- Mitrovica has allocated 7 acres of Plan on the implementation of 2015, approved by the Kosovo land for this purpose. The project the Strategy for Integration of Government. This strategy was is in the first phase of building the Roma, Ashkali and Egyptian approved on December 2008, 52 houses which are financially Communities 2009-2015. The whereas the Action Plan for this supported by USAID, whereas Steering Committee will consist strategy was approved on 2009. the Mercy Corps is implementing of the following: Rame Manaj the project. At the same time, the (chairman), Habit Hajredini On the same meeting, the Working Group is working with a (vice chairman), Enver Hoxhaj Government took another few citizens of Mitrovica, to return (member), Mahir Yagcilar decision related to the members them from the contamined camps (member), Bujar Bukoshi of this community, which is to their original neighbourhoods. (member), Srdjan Sentic also based on the Strategy For the return of the citizens (member), Osman Osmani for the Integration of the RAE to their homes, there will be a (member), Muharrem Prizreni Communities. The Kosovo socio-economic care program (member), Seladin Dudaki Government approved the in place to help them until they (member), one representative operative plan for the placement are integrated in the daily life, from the Advisory Council on of Roma, Ashkali and Egyptian including various trainings which Communities (member) and families, which were displaced will help them obtain skills on one representative from the within the country, from the lead various work profiles. Ombudsman (member). This contaminated camps “Osterode” 16 may 2011

The Integrated System for Emergency Management is established

On its 126th meeting, the Kosovo Government for the use of the system for all incidents starting approved the Integrated System for Emergy from daily events up to incidents which require a Management (ISEM). This system offers a coordinated governmental reaction. This decision sustainable national framework to enable that obliges all central level institutions to adopt ISEM governments of both levels, non-governmental and use it in their individual programs and activities orginations (NGO-s) and the privat sector, work for incident management, as well as to use it on all together in the prevention, protection, response, taken measures for supporting the local governance recovering and decreasing the effects of the level. incidents no matter the cause, size, location or their complexity. This sustainability offers a solid basis

The Draft Law on Establishment of the System for Securing Deposits for Financial Institutions in Kosovo is approved.

Even though the financial sector in our country • The secondary objective is the support of CBAK in is considered to be one of the most consolidated the achievement of its goal in terms of increasing sectors, the government felt the need to improve this security, solvency and efficient functioning of system in order for it to be able to handle economic a stable system, based on market economy. challeneges that the country may face in the future. For this purpose, it seemed necessary to guarantee On Article 5, which talks about limits of deposits the deposits of small depositors who have deposit security, it is stated that every physical and their finances in the commercial banks, in case business entity should be reimbursed up to a level of bankruptcy. These measures are foreseen to of 2000 euros, including the incurred interest until be taken based on the provisions of the Law on the date of the event. The ability to complete the Establishment of the System for Securing Deposits reimbursement for these small depositors will be for Financial Institutions in Kosovo. This draft law made possible through the establishment of the was approved on the 125th Government meeting, Deposits Security Fund, where every financial held on May 18th 2010. institution operating in the Kosovo market is obliged This draft law aims to regulate the security of deposits to become a member by paying an initial premium, of physical and business entities, the establishment, only one time, in the amount of 0.3% of their initial governance, the authority of the Deposits Security capital funds. The authorized capital of this Fund will Fund in Kosovo and to regulate the supervision of be 15 milion euros, which will be insured through the liquidation Financial Institutions in Kosovo. This different donations or initial contributions. Other draft law aims to achieve two objectives: supplementing sources for this capital may include • The primary objective is the protection of small the income received from premiums, income from depositors from losses in cases of unfavorable the sale of assets and returns on investments. events for customers of Financial Institions and; may 2011 1717

The Regulation for the establishment of the Office for Intellectual Property Rights is approved with remarks.

It took 6 years to implement the legal provision, • The certification of associations of authors and respectively Article 169 (1) of the Law on the other bearers of rights as well as other legal Copyright and related rights. This law was approved subjects specialized in the administration of rights by the Kosovo Assembly in 2004. Article 169 (1) of of the author; this law states that “the Kosovo Government will • Nullifying of these certifications in cases of non- establish the Office for Intellectual Property Rights compliance with the preset criteria according to within 18 months from the approval of this law”! the law; • The supervision of activities of collective Still, the Kosovo Government, on its regular 126th associations; meeting, held on May 26th 2010, decided to approve • Preparing the legislation on the criteria which refer the Regulation for the establishment of the Office to this Law, etc. for Intellectual Property Rights. The participants in Part of the work activities of this Office will also the drafting of this regulation have made a technical include promoting, informing and organizing flaw, since according to the Government this awareness activities for the public opinion, authors decision was taken based on Article 168 (1). Actually, and bearers of the rights of the author. Likewise, that statement is not correct since in the above this office will also organize training programs, mentioned law on which the regulation is based, seminars, round tables, and public debates with the Article 169 (1) is the provision which demands the purpose of increasing the professional capacities establishment of this Office. In any case, this office for the implementation in practice of the Law on the will conduct its activities on the fields such as: Rights of the Author and other related Rights. 18 maymay 2011 2011

The amendment-supplementing of the Strategy for the Reintegration of repatriated persons is approved According to official statistics, up to 5000 individuals were forcefully repatriated within one year.

On its 126th meeting, the Kosovo Government persons have a good treatment after they are approved the amendment-supplementing of the repatriated, the Executive Board has decided to Strategy for the Re-integration of Repartriated evaluate the current mechanism for re-integration. Persons. The re-integration of the repatriated This evaluation is being done in cooperation with persons came as a result of the repatriation process domestic and international actors. Some of the and as such, represents one of the challenges that recommendations that came as a result of this Kosovo is facing since after the war. The number of evaluation are as follows: kosovars who left Kosovo prior to, during, and after • Drafting and approving the law on repatriation; the war, was considerable. Hence, as a result, other • Amending the strategy and action plan for the countries, especially EU countries, were not able re-integration of persons, ensuring that the to offer them permanent or temporary residence. recommendations from this evaluation are taken The Permit for residence, stay or legal stay, was into consideration; denied to a significant number of persons from this • Negotiating and signing bilateral agreements for category, and as a consequence of which, it was repatriation with EU (as a whole) or individual decided that these persons should be repatriated. agreements with EU member countries; According to official statistics, up to 5000 persons • Establishing the fund for the re-integration of the were forcefully repatriated in one year. repatriated persons, which would be financed from the Kosovo budget and other potential donors; Until recently, the responsibility for the re-integration • Physical and human capacity building in a central of repatriated individuals fell under UNMIK, and local level in order to address this process in UNHCR, IOM and other organizations which have a more efficient way; reviewed these cases. At any case, on 2006 this • Improving the inter-institutional communication responsibility was transferred to Kosovo Institutions, and coordination in the central and local level, respectively to the Executive Board which manages with the objective of eliminating possible defects/ the implementation of the Strategy and Action Plan absences; for the re-integration of the repatriated persons. • Improving communication with demanding states, The ones responsible for the implementation of this specifically the bilateral exchange of information Strategy and Action Plan were: MIA, MLSW, MLGA, on potential persons for repatriation. MH, MEST, MESP, and of the Kosovo Property The process of re-admission and re-integration is Agency for property related issues. very important as it also affects the visa liberalization For this reason and to ensure that the displaced process. may 2011 19

Summary

Below is a list of all decisions taken by the Government during May 2010, in a chronological manner (meetings 124-126):

Decisions from the 124th meeting of the Kosovo Government, held on May 13th 2010: 1. Decision 02/124, approves the Draft law on the Judicial Council of the Repulic of Kosovo; 2. Decision 03/124, approves the Draft Law on Access to Public Documents; 3. Decision 04/124, approves the requests for the expropriation of immovable properties in the road M9 from Fushe Kosova to Arllat, road M2 from Prishtina to Mitrovica and the parcel 7497 according to possesion paper No. 6590 in the cadastral zone of Prishtina; 4. Decision 05/124, the Kosovo Government in the role of the legal shareholder of the Republic of Kosovo in the Public Enterprise “Post and Telecommunication of Kosovo JSC” (“PTK”), decides that the Minister for Finance and Economy (the Minister), in his role as the Chairman of the Inter-Ministerial Commission for PE-s, is authorized and ordered to act in the name of the Kosovo Government as the sole shareholder of PTK, and undertake all the appropriate and required legal measures of the shareholder, in order to complete the actions where PTK and its Board of Directions immediately declare and make a dividend payment (“Dividend”) to the shareholder in the amount of 80 million euros; 5. Decision 06/124, the Government recommends the Telecommunication Regulatory Authority of the Republic of Kosovo, not to give a license for a third mobile telecom operator in Kosovo for the next five years; 6. Decision 07/124, approves the request of the Ministry of Energy and Mines for the allocation of financial funds in the amount of 160 thousand euros for the beginning of the establishment of the Unit for Managing the Project “Zhur Hydrostation” and Transaction Consultants; 7. Decision 08/124, The Kosovo Government recommends the following candidates to the Assembly for members of the Advisory Board on Envirionment Protection: Behxhet Mustafa, Sylejman Berisha, Kemail Bislimi, Nysrete Doda – Gashi, Tush Markaj and Luan Shllaku; 8. Decision 09/124, the Kosovo Government recommends the following candidates for members of the Council on Spatial Planning: Ruzhdi Pllana, Ylber Vokshi, Ilir Gjinolli, Laura Kusari-Limaj, Xhelal Lloncari, Dervish Qerreti and Adem Pajaziti; 9. Decision 10/124, financial funds in the amount of 11,000 euros are allocated to cover the expenses of the mathematicians associations of Kosovo; 10. Decision 11/124, approves the request of the parliament member Mr. Ali Lajçi to cover his medical curing expenses. 20 may 2011

Decision from the 125th meeting of the Kosovo Government, held on May 18th 2010: 1. Decision 1/125, approves the Draft Law on Establishment of the System for Securing Deposits for Financial Institutions in Kosovo; 2. Decision 2/125, approves the Draft law on the State Prosecution; 3. Decision 3/125, approves the Draft law on the Prosecution Council of Kosovo; 4. Decision 4/125, approves the request of the Ministry of Education, Science and Technology for the distribution of planned funds for the program “University of Prizren”, in the amount of 2 million euros; 5. Decision 5/125, approves the Development Plan for the University of Prizren; 6. Decision 6/125, establishes the National Commission on Refugees; 7. Decision 7/125, obliges the Ministry of Energy and Mines in coordination with the Ministry of Economy and Finance, to establish and guide the Working Group on the review and revision of the Market Model for Electrical Energy; 8. Decision 8/125, approves the request of the Ministry of Culture, Youth and Sports to increase the staff number for establishing the Department of Cultural Heritage for 5 new positions; 9. Decision 9/125, the Government proposes to the Assembly three candidates for the chairman and members of Procurement Regulatory Commission;

Decisions from the 126th meeting of the Kosovo Government, held on May 26th 2010: 1. Decision 2/126, approves, with changes, the Guide for Signing Public Contracts of Small and Medium Value; 2. Decision 3/126, approves the Draft law on Amending and Supplementing the Law No. 03/L-037 on Travel Documents; 3. Decision 4/126, approves the Amending and Supplementing the Strategy for the Re- Integration of Repatriated Persons; 4. Decision 5/126, approves, with changes, the Regulation on the establishment of the Office for Intellectual Property Rights; 5. Decision 6/126, approves the proposal of MEF for the removal of certain penalties for tax debts; 6. Decision 7/126, approves the Operative Plan for the placement of Roma, Ashkali and Egyptian families displaced within the country, from lead contaminated camps “Osterode” and “Valley of Qeshna”; 7. Decision 8/126, establishes the Interagency Steering Committee on the Supervision and Coordination of the implementation of the Action Plan for the implementation of the Strategy for Integration of the Roma, Ashkali and Egyptian Communities 2009-2015; 8. Decision 9/126, the Draft law on the Amendment and Supplementing of the Law on Scientific Research Activities is removed from the Legislative Strategy for 2010; 9. Decision 10/126, amends and supplements the Government decision no. 02/31 dated August 27th 2008, for high public officials who have the right to be equipped with diplomatic passports; 10. Decision 11/126, all those categorized as civil servants according to the Law on Civil Service approved by the Kosovo Assembly, will receive an additional 30 euros (gross) in monthly basis; 11. Decision 12/126, approves the Integrated System for Emergy Management; Rr. Nëna Terezë 41/29 10000 Prishtinë, Kosovë +381 38 224 145 [email protected] www.institutigap.org

“GAP Monitor” is one of GAP Institute’s main projects that began in January 2009, whose aim is to monitor all Kosovo government decisions. “GAP Monitor” is a monthly publication that aims to offer citizens additional information and more analysis on all government decisions. Now, ‘GAP Monitor’ project has its own website, which allows more interaction with our readers and gives us the opportunity to publish our news and reports in daily basis.

GAP’s main objectives are to bridge the gap between government and people, and to bridge the gap between problems and solutions, while striving to advance the Kosovo society.

All reports from Government decisions are found in GAP Monitor website at www.gapmonitor.org

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