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

- control the accuracy of the declarations of assets by the senior public officials;
- control cases of acceptance of gifts by public officials during their public performance. 444
The Agency initiates investigations on its own if it has reasonable suspicion of the possible occurrence of
corruption, or on the basis of information received from natural and legal persons. 445 During its
investigations, the Agency has the power to search, collect, and analyze relevant public information and
documentation, including from persons involved in the case. He can request the assistance of the Police
to an investigation when he considers this to be necessary. 446 If the Agency can establish ample evidence
for the prosecution of a corruption case based on its investigations, it must submit its report on the case
and all relevant information to the Public Prosecutor’s Office, who is obliged to start judiciary
proceedings for prosecution. 447
Practice
The policy and legislative framework of the Agency is in place. In addition to the new Law on the Anti-
Corruption Agency, it includes the Anti-Corruption Strategy and Action Plan 2009-2011, the Law on
Prevention of Conflicts of Interest Cases while Exercising Public Functions and the Law on Declaration
and Control of Assets and Gifts of Higher Officials, all adopted between 2009 and 2010. However, the
entire policy process leading to the adoption of the policy and legislative framework was characterized
by continuous delays and a persistent lack of political will to implement these Laws. 448 Furthermore, the
Agency’s efforts to monitor, report on and revise the actions plan do not elicit interest and cooperation
especially from the Kosovo Judicial Council, the private sector and civil society. 449
In most of the cases when the Agency intervened to prevent a conflict of interest, the top management
officials of the respective public authorities did not take any action to comply with the
recommendations of the Agency. 450 There is also the impression that the Government has attempted to
sideline the Agency and relevant anti-corruption policies 451 by establishing a separate joint Government-
444 Ibid, , Article 5.
445 Ibid, Article 18.1.
446 Ibid, Articles 18.2 and 18.5.
447 Ibid, Article 18.6.
448 Kosovo Foundation for Open Society, p. 10.
449 Ibid,, p. 10.
450 Ibid, p.12.
451 Interview with Mr. Rifat Marmullaku, Expert on Security Policies, dated 30.05.2010
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