SEEU Review vol. 6 Nr. 2 (pdf) - South East European University

Rexhep Gashi, Dr. sc.Other Legal ActsIn the field of corruption and its prevention in Kosovo, other provisionsand legal acts are significant, such as those related to access to officialdocuments, Kosovo Civil Service, administrative procedure etc., whereofthese provisions function in an increase of transparency and state functionsand in general effect the preventive manner of corruption while exercisingpublic functions. Herein, provisions of some of these legal acts are brieflypresented and analyzed.Law No. 2003/12 On Access to Official Documents, which adopted in2003, intends to enable citizens of Kosovo to participate more closely in thedecision-making process of public institutions and guaranteeing that thepublic institutions enjoy greater legitimacy, transparency and are moreeffective; to define the principles, conditions and limits on grounds of publicor private interest; to establish rules ensuring the easiest possible exercise ofthis right; and to promote good administrative practice on access todocuments, and the public institutions are more accountable to the citizens ofKosovo (Art. 1). Provisions of this Law enable citizens to effectively controlpublic institutions and to be better informed, whilst requiring state officialsto be more responsible, hence reducing the risk of misuse of authority andensuring the respect of human rights. Access to public documents is aconstitutional right, pursuant to article 41 of the Constitution of Republic ofKosovo, “1. Every person enjoys the right of access to public documents. 2.Documents of public institutions and organs of state authorities are public,except for information that is limited by law due to privacy, business tradesecrets or security classification” (Constitution of the Republic of Kosovo:art. 41).The law on access to official documents contains provisions related toinstitutions which are required to provide access to public documents, to allentitled individuals, exceptions on fulfillment of this entitlement, processingof applications on access to official documents, maintenance of registers ofdocuments for public access etc. It is obvious, that this law is of majorimportance for the democracy of Kosovo, as with the increase oftransparency and accountability of state authorities and public officials, itmeanwhile exercises preventive effects toward actions related to corruption.Law No. 03/L-149 On the Civil Service of the Republic of Kosovo,which entered into force in 2010, regulates the status of Civil Servants andthe terms and conditions of their employment relationship with theinstitutions of the central and municipal administrations. This law sets the74