Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS

functions independently from any other body or authority in Kosovo. 437 The Constitution also provides
that such independent bodies have their own budget, which they administer independently in
accordance with the law, and that every public authority in Kosovo is obliged to cooperate with it. 438
However, in contrast to the Ombudsperson and the Auditor-General, who have their legal basis directly
in the Constitution, the Agency is established merely by law. While it would require an amendment to
the Constitution to abolish the Ombudsperson and the Auditor-General institution, the Agency may be
abolished by a simple law adopted by the Assembly of Kosovo. The Agency’s legal standing under the
Constitution is thus significantly weaker than that of the Ombudsperson and the Auditor-General.
The Agency reports to the Assembly of Kosovo and to the Assembly Oversight Commission of the
Agency, which the Assembly of Kosovo is required to establish. 439 The Oversight Commission is
responsible for overseeing the Agency’s reports, assessing the performance of the Director and initiating
procedures for the selection and dismissal of the Director, and to control and supervise the wealth
statements of senior officials of the Agency and any conflicts of interests they may be involved in. 440 The
Oversight Commission has replaced the former Kosovo Anti-Corruption Agency Council, which had
proven to be very inefficient and had a dysfunctional conflict-driven relationship with the Director. 441
The budget, which the Agency is authorized to manage independently, is approved by the Assembly of
Kosovo upon proposal by the Agency. 442 The Agency is headed by a Director, who is appointed by the
Assembly of Kosovo on the basis of an open competition procedure. 443
In the exercise of its function to implement policies on combating and preventing corruption in Kosovo,
the most important powers of the Agency include the authority to:
- initiate and undertake investigations;
- submit criminal investigation reports to the Public Prosecutor’s Office;
- prepare an anti-corruption strategy and monitor its implementation;
- supervise possible cases of conflicts of interest of public officials;
437 Constitution of the Republic of Kosovo, Article 142.1
438 Constitution, Articles 142.2 and 142.3.
439 Law on Anti-Corruption Agency, Articles 5 and 13.
440 Ibid, Article 14.
441 Kosovo Foundation for Open Society, Update on Kosovo Progress Report 2010, p. 11.
442 Law on Anti-Corruption Agency, Article 4
443 Ibid, , Articles 7 and 8.
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