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Strengthening the Role and Capacities of Kosovo Institutions for Effective Implementation of Legislation Sadete Demaj

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Strengthening the Role and Capacities of Kosovo Institutions for Effective Implementation of Legislation Sadete Demaj Rochester Institute of Technology RIT Scholar Works Theses Thesis/Dissertation Collections 2012 Strengthening the role and capacities of Kosovo institutions for effective implementation of legislation Sadete Demaj Follow this and additional works at: http://scholarworks.rit.edu/theses Recommended Citation Demaj, Sadete, "Strengthening the role and capacities of Kosovo institutions for effective implementation of legislation" (2012). Thesis. Rochester Institute of Technology. Accessed from This Master's Project is brought to you for free and open access by the Thesis/Dissertation Collections at RIT Scholar Works. It has been accepted for inclusion in Theses by an authorized administrator of RIT Scholar Works. For more information, please contact [email protected]. AMERICAN UNIVERSITY IN KOSOVO In partnership with ROCHESTER INSTITUTE OF TECHNOLOGY Center for Multidisciplinary Studies Master of Science Degree in Professional Studies Public Administration Strengthening the Role and Capacities of Kosovo Institutions for Effective Implementation of Legislation Sadete DEMAJ May 14, 2012 Submitted as a Capstone Project in partial fulfilment of a Master’s of Science Degree in Professional Studies at the RIT Center for Multidisciplinary Studies Strengthening the Role and Capacities of Kosovo Institutions for Effective Implementation of Legislation Acknowledgements I wish to express sincere thanks to my Mentor Professor Doctor Brian Bowen for his guidance, motivation, advises, patience and support provided throughout my capstone project. I would like to express my gratitude to USAID and Government of Kosovo for awarding scholarship for my Master studies. I wish to extend my warmest thanks to my family, for all their support and motivation; my sincere thanks to my Director, office colleagues, the AUK staff and to all those who have helped during my capstone project. I am also grateful to my capstone consultants, Professor Doctor Valon Murtezaj, International Professor of Negotiation, International Relations and Diplomacy and Mr. Ruzhdi Halili Director of the Strategic Planning Office in the Kosovo Prime Minister’s Office, for unreserved professional support in providing advice, suggestions and comments during the development of my capstone project. I would like to express my special thank to my AUK college from master studies Mr. Mentor Bislimi, for his support and advises. And finally I’m particularly grateful to my husband for encouraging and supporting me all the time during my master studies. 2 Strengthening the Role and Capacities of Kosovo Institutions for Effective Implementation of Legislation TABLE OF CONTENTS Acknowledgements…………………………………………………….………………...2 Abbreviations.....................................................................................................................8 Executive Summary……………………………………………………………………...9 Chapter 1 General overview of the implementation of the legislation…………………………..11 1.1 Building Kosovo Institutions- supervised by international institutions to the independent state institutions ……………………………………………………………13 1.2 Form of Government and separation of power in Republic of Kosovo………….16 1.2.1. Legislative power………………………………………………………...16 1.2.2. Executive power………………………………………………………….18 1.2.3. Judicial power……………………………………………………………19 1.3 Legislation in force in Kosovo…………………………………………………...21 Chapter 2 Legislative Initiative of drafting the legislation………………………………….…...23 2.1 The initiative to propose laws by the President of the Republic of Kosovo …….23 2.2 The initiative to propose laws by the deputies of the Assembly…………………24 2.3 The initiative to propose laws by the Government………………………………24 2.3.1 Transparency of the Kosovo Government in the process of drafting the legislation………………………………………………………………………...25 2.3.2 Role and contribution of civil society during the process of drafting the Legislation………………………………………………………………………..27 2.4 The initiative to propose laws by the or at least ten thousand citizens as provided by law………………………………………………………………………………...32 Chapter 3 Current procedures for grafting legislation………………..…………………………33 3.1 General principles of drafting the legislation…………………………………….35 3.1.2 Objectives of legislation ………………………………………………………...36 3.1.3 Legislative procedures…………………………………………………………...36 3.1.4 Planning (Legislative program)………………………………………………….38 3.1.5 Internal consultation and external consultation………………………………….38 3.1.6 Review of the draft law by the Government and proceedings to the Assembly…………………………………………………………………………39 3.1.7 Announcement, Decree and publication of the Law in Official Gazette………...40 3.1.8 Approximation of legislation with acquis commmunaitare ……………………..40 3 Strengthening the Role and Capacities of Kosovo Institutions for Effective Implementation of Legislation Chapter 4 Current Monitoring system for the Assessment of the implementation of legislation in Kosovo……………………….……………………………………………………….44 4.1 Parliamentary commissions………………………………………………………44 4.2 Mechanisms in the central level of the government for monitoring the implementation of legislation……………………………………………………………46 4.3 Mechanisms in the local level of the government for monitoring the implementation of legislation……………………………………………………………………………...47 4.4 The role of media and civil society in monitoring the implementation of legislation………………………………………………………………………………...49 4.5 Assessment of the implementation of legislation in Kosovo…..…………………50 Chapter 5 Results from the Questionnaire conducted with Legal Departments in the Ministries and Legal Offices in the Municipalities about the implementation of the legislation 5.1 Obstacles / main problems in implementing the legislation……………………..52 5.1.2 Legislation in force……………………………………………………………...52 5.1.3 Collision of laws…………………………………………………………………53 5.1.4 Insufficient staff, Inadequate professional expertise, Inadequate budget ……….53 5.1.5 Lack of legal commentaries. …………………………………………………….54 5.1.6 Not enough training……………………………………………………………...55 Chapter 6 The role of the judicial system in implementing the legislation………………….….56 6.1 Institutional Obstacles & Responses from Judges Questionnaires ………………….58 Chapter 7 The role of Kosovo Police in implementing the legislation……………..……………66 7.1 Results from the Questionnaire Conducted with Police Officers……………………67 Chapter 8-The role of media and civil society in implementing the legislation…….73 8.1 Results from the Questionnaire Conducted with Kosovo Citizens……….………….75 Chapter 9 Discussions and Recommendations................................................................................80 9.1 Final Discussions…………………………………………………………………..80 9.2 Recommendations…………………………………………………………………87 4 Strengthening the Role and Capacities of Kosovo Institutions for Effective Implementation of Legislation References……………………………………………………………….………………91 List of Figures Figure 1. Concerned about the implementation of the legislation…………………….....9 Figure 1.1. When du you see key obstacles, problems in implementing of legislation at your institution………………………………………………………………………………….12 Figure 1.2. Have you done any analysis of policies and needs, before you initiate the drafting of a law………………………………………………………………………………...12 Figure 1.3. Laws adopted by the Assembly of Kosovo (2001-2010)……………………...14 Figure 1.4. Do you agree that the legislation in force in Kosovo causes confusion in the law implementation……………………………………………………………………………21 Figure 1.5. Hierarchy of legal norms in Republic of Kosovo……………………………...22 Figure 2.1. Subject entitled with the right for legislative initiative………………………23 Figure 2.2. Do you think that Kosovo Government is transparent in the process of drafting the legislations………………………………………………………………………...25 Figure 2.3. How do you evaluate the contribution of civil society during the process of drafting the legislation…………………………………………………………………………28 Figure 2.4. Steps in the political decision-making process………………………………...29 Figure 2.5. Four levels of citizen participation in decision-making process……………..31 Figure 3.1. The process of composing the project-acts……………………………………..37 Figure 3.2. The normal cycle of drafting and the finalization of a law……………….…..39 Figure 4.1. Do you agree that commissions of the Assembly of Kosovo, monitoring well the Implementation of legislation by the executive branch……….………………………..45 Figure 5.1. Do you agree that the legislation in force in Kosovo causing confusion in the implementation of laws………………………………………………………………………..52 Figure 5.2. Do you agree that the legislation in force in Kosovo causing confusion in the implementation of laws………………………………………………………………………..52 Figure 5.3. Is there a collision of the laws related to the scope of your ministry- municipality………………………………………………………………………………….….53 Figure 5.4. Is there a collision of the laws related to the scope of your ministry- municipality………………………………………………………………………………….….53 Figure 5.5. What do you see as key obstacle, problem in implementing of laws….…….54 Figure 5.6. Do you think that the lack of legal commentaries can be an obstacle for the implementation of law.…………………………………….………………………….………54 Figure 5.7. Do you think that the lack of legal commentaries can be an obstacle for the implementation of law………………….……………………………………………………..54 Figure 5.8. Do you think that the legal officers have followed enough training on the drafting of legislation……………………………………………………………….………….55 Figure 5.9. Do you think that the legal officers have followed enough training on the drafting of legislation…………………………………………………………………………..55 Figure
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