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

therefore essential, that the independent institutions apply their legal control authority over the security
institutions as soon as possible, in order to counterbalance possible weaknesses of the Government and
the Assembly of Kosovo, so that they can ensure that the security institutions function within their
constitutional limits.
INTRODUCTION
The Constitution of the Republic of Kosovo of 15 June 2008 has significantly changed the security
architecture in Kosovo. While KFOR/NATO remains responsible under Resolution 1244 (1999) to
provide military security for the territory of Kosovo, the Constitution, in accordance with the
Comprehensive Proposal for the Kosovo Status Settlement of 15 March 2007, has established new
security institutions and an overall security sector framework, whose governing principles are
enshrined in the Constitution. The Constitution explicitly gives the state of Kosovo authority over law
enforcement, security, justice, public safety, intelligence, civil emergency response and border control
within its territory. 308
The primary security institutions of Kosovo include the Kosovo Security Force, the Kosovo Security
Council, the Kosovo Police, the Kosovo Intelligence Agency and the Civilian Aviation Authority. These
security institutions are obliged to operate with full transparency and in accordance with internationally
recognized democratic and human rights standards. They are also subject to civilian and democratic
control, exercised primarily by the Assembly of Kosovo. 309 However, independent institutions, such as
the Ombudsperson Institution, the Auditor-General and the Anti-Corruption Agency, are considered a
cornerstone of democracy and, therefore, given an oversight power over the security institutions as
well. 310 These independent institutions, directly accountable to the people of Kosovo through the
people’s representatives in the Kosovo Assembly, play a key role in the organization of the separation of
powers, by ensuring checks and balances and respect for the rule of law. 311 This pertains not only to the
classical branches of power, such as the Government (and its public administration), the judiciary and
the legislative branch, but also to Kosovo’s newly established security institutions. In the recent past the
308 Constitution of the Republic of Kosovo, Article 125.1.
309 Ibid, Articles 125.2 and 125.4.
310 Organization for Security and Cooperation in Europe Mission in Kosovo (OSCE Kosovo), Independent Agencies and
Institutions in Kosovo Democracy, December 2007, p. 1.
311 Ibid,
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