Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS
Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS
Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS
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y the President of Kosovo or one-third of all Members of the Assembly of Kosovo 377 . If the ICR is the<br />
dismissing authority, it is also not clear whether the ICR is bound by the reasons permitting dismissal as<br />
set out in the law or whether the ICR has full discretion in determining when and for what reasons<br />
he/she may dismiss the Auditor-General.<br />
Last but not least, it is not clear which are the judicial remedies the Auditor-General would have<br />
available to appeal against alleged unlawful dismissal if the dismissing authority is the ICR or the<br />
Assembly of Kosovo. These uncertainties may severely compromise the independence of the Auditor-<br />
General especially in relation to possible undue influence by the ICR during the transition period.<br />
The Auditor-General conducts two types of audits, i.e. regularity audits and performance audits.<br />
Regularity audits address financial accountability and involve the examination and evaluation of<br />
financial statements, financial records and other opinions on whether the financial statements give a<br />
true and fair view of the accounts and financial affairs for the audit period, whether the financial<br />
records, systems and transactions and administrative decisions are in compliance with the law, and<br />
whether internal control and internal audit functions are carried out appropriately. 378 Performance<br />
audits, on the other hand, mean an audit of the economical manner, efficiency and effectiveness of the<br />
use and management of resources allocated to an institution for the exercise of its responsibilities. 379<br />
The law requires the Auditor-General to conduct an annual regularity audit of the Kosovo Consolidated<br />
Budget and all budget organizations, including the Assembly of Kosovo, the Office of the President of<br />
Kosovo, each Ministry and executive agency, municipalities, independent bodies and all other entities<br />
which are more than 50% publicly owned or which receive funding from or provide dividends to the<br />
Kosovo Consolidated Budget. 380 As for performance audits, it is in the discretion of the Auditor-General<br />
to decide when and where to conduct such an audit. 381 Apart from this, the Auditor-General may agree<br />
with an institution or entity to conduct additional regularity or performance audits apart from those set<br />
out in the law 382 , or conduct such audit upon written request by the Assembly or the Government of<br />
377 Constitution of Kosovo, Article 136.4<br />
378 Ibid, Article 1.<br />
379 Ibid,,<br />
380 Ibid, Article 3.2<br />
381 Ibid, Article 3.4<br />
382 Ibid, Article 3.6<br />
100