final report of the pilot project - undp...final report of the pilot project implemented by: may...

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“Measuring Rule of Law in Public

Administration in Kosovo Municipalities”

Final Report of the Pilot Project

Implemented by:

May 2016, Prishtinë/Priština

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The pilot-project “Measuring Rule of Law in Public Administration in Kosovo Municipalities”, is

funded by the Swedish Government’s Agency for Peace, Security and Development, the Folke

Bernadotte Academy (FBA) and is implemented by UNDP Kosovo, through the contracted local

NGO - FOL Movement.

The beneficiary municipalities of this pilot-project are the Municipality of Gjakovë/Djakovica,

the Municipality of Istog/Istok, the Municipality of Kamenicë/Kamenica, and the Municipality of

Lipjan/Lipljane. These beneficiary municipalities were selected through a competitive process

and based on their ability to successfully conduct the self-assessment tool, which is developed

jointly by the Folke Bernadotte Academy (FBA) and the UNDP.

Disclaimer: The analysis, opinions and recommendations presented in this report belong solely

to FOL Movement, and do not necessarily reflect the official position neither of UNDP Kosovo

nor of the Folke Bernadotte Academy (FBA).

No reproduction, copy or transmission of this publication may be made without the written and

explicit permission of the Folke Bernadotte Academy (FBA).

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Contents Executive summary .................................................................................................................................... 4

Introduction ................................................................................................................................................ 5

SELF-ASSESSMENT RESULTS ...................................................................................................................... 9

Municipal staff survey results .............................................................................................................. 9

User survey results ............................................................................................................................... 17

Results of the municipality of Gjakovë/Djakovica ..................................................................... 17

Results of the Municipality of Istog/Istok .................................................................................... 22

Results of the Municipality of Kamenicë/Kamenica .................................................................. 27

Results of the Municipality of Lipjan/Ljipljan ............................................................................ 31

Comparison of results .............................................................................................................................. 35

Review of the Rule of Law principles ................................................................................................... 38

Issues identified........................................................................................................................................ 41

Recommendations .................................................................................................................................... 42

Appendix 1: Formal Mapping – Rule of Law – Concept, Principles and Scope ............................... 44

Applying principles of Rule of Law in Primary Legislation in Kosovo .............................................. 47

Formal Mapping of the Secondary Legislation, Applying of Rule of Law Principles ..................... 56

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Executive summary

This pilot-project on “Measuring Rule of Law in Public Administration in Kosovo1

Muncipalities” has been initiated by the Folke Bernadotte Academy, and UNDP Kosovo, with

the support of the OSCE Mission in Kosovo and implemented through the implementing

partner – FOL Movement. The beneficiary municipalities of this project are:

Gjakovë/Djakovica, Istog/Istok, Kamenicë/Kamenica, and Lipjan/Lipljan, and the Ministry of

Environment and Spatial Planning (MESP) and Ministry of Labour and Social Welfare (MLSW)

and the Ministry for Communities and Returns were involved in this project.

In the first phase of this project the legal framework that regulates the matter of social

housing was identified, as the area of focus for measuring the rule of law in public

administration. The second phase of the project consisted of interviews with municipal and

central institution officials to receive the institutional perspective on the area of social

housing, and the third phase of the project consisted of the User survey (residents that have

benefitted from social housing, rejected applicants, and queued applicants).

The legal framework analysis indicates that the law that regulates the matter of social

housing along with the Administrative Instructions issued for the implementation of the law,

regulates the procedures, criteria and competent organs and at the same time gives sufficient

competencies to the municipalities. However, the law had gaps which have also led to the

initiation of the amendment of the law.

Problems with implementation of the legal provisions have risen due to the inability of the

municipalities to provide the necessary conditions and this was mainly caused by financial

factors and by the lack of available buildings to give for social housing uses, which have

directly influenced the non-publication of public calls for long time periods (from 8 – 10

years), the municipal inability to create local databases. For this reason, Ministry of

Environment and Spatial Planning has not been able to create a national-level database.

Comparing the results from both survey phases – the Agency Staff survey and User survey, it

can be seen that with regards to respecting the rights of the residents, the answers of the

officials reflect bigger guarantees for equal treatment, without prejudice and high

accessibility. The Users in the other hand, have answered that the municipalities are

accessible to a small extent. Also in terms of equal treatment, the Users answers that this

occurs to a low extent.

According to the users, the municipalities implement the law to a small extent, but when

asked how well they understand the competencies of the municipalities for its residents, they

declared “to a large extent”. The treatment of requests in more than one language,

according to the officials is possible to a large extent, and in this case the Users as well

stated that this is possible to a large extent.

For the adherence to deadlines by the municipalities, the users have emphasized that the

municipalities with regards to issuing a decision on a specific matter, the municipalities

adhere to deadlines to a small extent. The majority of the officials answered to a large

1 References to Kosovo shall be understood to be in the context of Security Council Resolution 1244 (1999)

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extent that they have instructions on how to advise a party that is filing a complaint against a

certain decision. In case of abuse of office by officials and bribery, the Users emphasized that

civil servants accept bribes without being caught at a small extent.

Introduction

The main purpose of initiating this pilot-project on self-assessment of the Rule of Law in

Public Administration at the municipal level is to identify the challenges, strengths and

weaknesses related to the services provided by public institutions towards

residents/beneficiaries.

The reason for selecting the Social Housing issue and the provision of institutional services in

this field represent an important topic in Kosovo, and the necessity to analyze advantages,

gaps, the needs for change and the analysis of opportunities for improving the offered

services.

Given that municipalities, under the Constitution and the Law on Local Self-Government, are

the basic territorial units in Kosovo and the issue of social housing falls under the jurisdiction

of municipalities, is designed so that the municipalities themselves to be part of this

assessment, including the central level – the relevant Ministries.

In the Strategic Report 2012, “Programme of action to strengthen the rule of law at the

national and international levels” by the UN Secretary General, it defines the rule of law as a

principle of governance and a link between human rights and democracy as an indispensable

component of economic development, poverty reduction, peace and security2.

Hence, a key impetus to initiate such survey for measuring the rule of law in public

administration in Kosovo was deliberately focusing on municipalities, because they are

directly competent in providing public utility services, thus undertaking actions affecting the

interests and rights of residents, therefore it is necessary to examine to what extent those

right are observed.

Measuring the Rule of Law in Public Administration in Kosovo Municipalities is conducted in

context of the following general principles of the Rule of Law principles:

-Principle of Legality, which requires that public administrative agencies abide by the law, and that all their decisions and content have a basis in law. This includes the equal treatment of different groups of residents, including women and men. -Accessibility - means that everyone should have access to public administration and a duty on public authorities to accept and deal with different groups of residents’ requests and questions properly. The principle also requires practical access for women and men, such as sufficient opening hours or easy means of communication, for example, that an agency uses a language that can be understood by the general public.

2 Folke Bernadotte Academy & UNDP, Users’ Guide for Assessing Rule of Law in Public Administration, page 7,

Stockholm/New York, January 2015

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-Right to be heard, Right to be heard means that the public authorities must hear an individual before taking a decision that affects his or her rights and interests. It also means that a person should have an opportunity to submit facts, arguments or evidence before a decision is taken. It also means that public authorities must inform the persons concerned of their decision, as well as a duty to take a decision within a reasonable time. -Right to appeal, allows the individual to seek redress against administrative decisions, through internal review processes, or judicial review by the ordinary courts or specialized administrative courts. The right to appeal is also dependent on substantive aspects, such as a duty on administrative agencies to communicate their decisions as well as the reasons for their decisions to concerned parties, and provide an indication of where and how to appeal. Transparency, ensures that the work of public authorities and civil servants is conducted openly. Public authorities have a duty to provide information about their work and to ensure access to laws, acts and administrative documents on request. The right to information should only be restricted by the limitations necessary in a democratic society for the protection of legitimate public interests or privacy. Accountability, ensures that public officials and administrative agencies are held to account for wrongful actions and to improve the way in which an agency conducts its work. The principle further ensures that public officials are held liable as well as responsible for their actions3. To separately assess each principle, and the adherence to the rights that are protected by

these principles, special attention was paid to the municipal process of social housing,

notifications, selection process, communications, and legal advice.

The beneficiary municipalities of this project are the Municipalities of Gjakovë/Djakovica,

Istog/Istok, Kamenicë/Kamenica, Lipjan/Lipljan. The social housing process in these

municipalities will be described below.

Municipality of Gjakovë /Djakovica

The process of publication, selection, and dissemination of apartments in social housing

objects were conducted during 2007 and there has not been a new announcement or new call

for applications.

From the years 2013 – 2015 this municipality was in the process of identifying municipal

apartments that have not been registered as municipal properties in the last 16 years.

The beneficiaries (during the year 2007) were notified by phone, while no notification was

issued for rejected applicants. If the parties were interested in finding out the reasons for

their refusal, they were able to go to the municipality and obtain this information.

In October 2014, this municipality established a Commission for Identification and

dissemination of social housing apartments, which was composed of 8 members, 7 of which

were Men and only one Woman, and they were all municipal advisors of various political

parties.

3 United Nations Development Programme (2015), Concept Note for Assessing Rule of Law in Public Administration, page 7

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This goes against the provisions of the AI nr.22/2010 for the Procedures of Benefiting from

special housing programmes, where under Article 5, par. 1, it is envisioned that the Mayor of

the municipality, though a decision, decides on the composition of the Commission, while

under the same article, par.2, it is stated that the commission is composed of 3-5 members.

The Commission named under the framework of the assembly has been considered inefficient,

therefore this municipality has initiated a procedure for revoking the decision for the creation

of the Commission. In February 2016, the Municipality of Gjakovë/Djakovica, has repealed the

commission for social housing which was selected by the Municipal Assembly, and which was

in direct clash with the AI22/2010 and a new commission has been formed with the decision

of the Mayor of the municipality, as foreseen by the Article 5 listed above. The Commission

now has a 5 member composition, 3 members from municipal directorates, 1 member from

civil society, and 1 member from the organization “Handikos”.

During the last two years, the municipality of Gjakovë/Djakovica has taken initiatives for the

creation of an adequate system for effectively dealing with social housing cases, and has

commenced the process of re-evaluating the social housing beneficiaries that were selected

in 2007 without due process of law.

Municipality of Kamenicë/Kamenica

The municipality of Kamenicë/Kamenica is the only one from the beneficiary municipalities

that has recently issued a public call for applications for the dissemination of 20 apartments

for temporary use through rent, for the members of families of all categories in need of social

housing. The call for applications was announced in the beginning of July, 2015.

Through the decision of the Mayor, the 5-member commission for assessing requests and for

allocation of apartments for financing special programmes for housing with rent, as foreseen

by AI 22.2010 for the Procedures of Benefiting from Special Housing Programmes4

The 5 member Commission is comprised of 3 municipal civil servants, a member of the civil

society, and a member of the association of KLA veterans.

It has published the joint decision where it has listed the beneficiaries of 20 apartments for

which the call for applications was opened and published in the municipality’s bulletin board

and the beneficiaries were contacted by phone.

Rejected applicants were issued individual decisions which were sent through postal service.

In the rejection decisions, the parties were instructed to use of judicial means – the right to

complain by the Ministry of Environment and Spatial Planning.

Municipality of Lipjan/Ljipljan

This municipality manages two social housing shelters (the old shelter and the new shelter) in

the Magurë/e and the last public announcement for the dissemination of social housing was in

2006.

4 AI 22/2010, Article 5, par.1, Article 5, par. 2

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In the old shelter in Magurë/Magure, families whose houses had been burned and did not have

another place of shelter were beneficiaries. There were no specific criteria for the selection

of the families which will be placed in the old shelter building.

While the new shelter in the Magurë/Magure built in 2006 in cooperation with the Municipality

of Lipjan/Lipljan and the Ministry of Environment and Spatial Planning, and with UNHCR. The

exclusive purpose for building the new shelter which has 23 apartments, was the closing of

the camp in Plemetin. From the total number of apartments, 17 were given to families that

have lived in the Plemetin camp, while 6 other beneficiary families had not lived in the

Plemetin camp before.

All the beneficiary families in the new shelter building, have been selected by the municipal

officials selected by the municipality. A public announcement was made for the dissemination

of apartments in the shelter building in Magurë/Magure and all the received requests have

been assessed by the municipal commission. The selection of the beneficiaries was done by

the officials of the Directorate for Health and Social Care and the selection process at that

time was done based on the Programme and Guide for Social Housing which is no longer valid

after the enactment of the current law.

The list with beneficiary names was published in the municipality’s bulletin board and the

beneficiaries were informed in writing. The rejected applicants were informed in writing, and

were instructed that in case of discontent with the decision to file a complaint. This

municipality used to have a Commission for reviewing political complaints, and this

Commission was called the Board of Directors which included the directors of the municipal

Directorates.

In 2007 the municipality took a decision for sharing a land location for building an apartment

complex for specific categories and for awarding-disseminating these apartments for special

categories of social housing needs. In total 28 apartments were disseminated to the families

of martyrs and families of handicapped KLA veterans.

Municipality of Istog/Istok

In 2008, the municipality of Istog/Istok issued a public call for applications for temporary

social housing at the social housing apartments in Istog/Istok and Gurakoc and after 2008 has

not issued any other public calls for applications for social housing apartments. Since the

Commission proposed the potential beneficiaries, the Municipal Assembly approved the

commission’s proposal.

22 beneficiaries were selected and the decision through which the Municipal Assembly

approved the beneficiaries’ list, was published in the news bulletin board in the building of

the Municipal Assembly. This decision published in the municipality’s news bulletin also

contained instructions for unsatisfied applicants, and advise on the right to complain by the

Commission for reviewing complaints for a period of 21 days from the date of the publication

of the list of beneficiaries. No individual rejection ruling was published, but through the table

published in the municipality’s news bulletin, the rejected applicants were informed on legal

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remedies5 and the parties interested to find out the reasons for the queueing of their

application could receive information by the municipal administration building.

The municipal commission for the review of complaints was comprised of 3 members –

Directors of municipal Directorates: Directorate of Urbanization, Cadastre and Environmental

Protection, Directorate of Health and Social Welfare, and the Directorate of Finance,

Economy and Development.

In case of discontent with the decisions of the Complaints’ Commission, (which accounts for

the 1st instance), the parties can approach the legal office at Ministry of Environment and

Spatial Planning.

While the beneficiaries are foreseen to pay a portion of the rent value, the beneficiaries

actually do not pay, and according to the information from the competent municipal

authorities, as of 2008 no evaluation has been done of the conditions of the families placed in

social housing apartments. From 2012, this municipality has initiated projects for building

homes for the unsheltered, for families living in tough conditions which own land but no

means for construction/building. For the selection of the applicant families, a Commission

was formed via decision of the Mayor of the Municipality, which is comprised of 3 members

(civil servants).

During 2012, when the project of the Municipality of Istog/Istok for building homes was

initiated, 4 homes have been built; in 2013 7 homes were built, while in 2014 and 2015 8

homes were built. In total from 2012 – 2015 a total of 27 homes were built.

SELF-ASSESSMENT RESULTS

Municipal staff survey results Municipal Staff Survey with the staff of 4 municipalities (civil servants in charge for social

housing) participating in this pilot project was conducted in full compliance with the Guide

prepared by Folke Bernadotte Academy and UNDP. This survey revealed overall respondents’

data, including: gender, age, years of education, and years of experience within respective

municipality, their job position, ethnicity (respondents have self-declared ethnicity), and

their views on rule of law principals.

During the survey phase through interviews in their respective municipalities, a total of 45

interviews conducted in each of 4 selected municipalities, the numbers of interviews

conducted per municipality are as below:

- Municipality of Gjakovë /Djakovica, total 14 interviews

- Municipality of Istogt/Istok, total 11 interviews

- Municipality of Kamenicë/Kamenica, total 12 interviews

- Municipality of Lipjan/Ljipljan, total 8 interviews

Apart from interviews conducted with officials from the 4 municipalities to assess the rule of

law at the local level, in the survey are also included the central level institutions6. A total of

5 Unsatisfied applicants were instructed to submit their complaints to the legal office of the Municipal Assembly, which will then be reviewed by the Commission for the review of complaints.

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8 interviews were conducted in the 3 above mentioned ministries to see the final view of the

two levels regarding the rule of law in institutions in which the officials interviewed presently

work.

From a total of 45 respondents in municipalities, the gender balance was found to be: 6

female and 39 male.

From a total number of 45 officials involved in the survey phase with the Municipal staff, the

actual number in terms of gender is as following:

- 0 women, 14 men in the Municipality of Gjakovë / Djakovica

- 4 women, 7 men in the Municipality of Istog/Istok

- 2 women, 10 men in the Municipality of Kamenicë/Kamenica

- 0 women, 8 men in the Municipality of Lipjan/Ljipjane

-

At the central level, from a total of 8 respondents, 5 were women and 3 men, expressed in%,

75% women and 25% men. Kosovar youth are to a small extent involved in decision-making

institutions in particular, and in any other institutional level in general. Such a result is also

indicated in the survey conducted with municipal officials, which showed that older than

middle-aged is the group with the highest employment in local level, while in central level

middle-aged are predominant, as shown in figure below:

Age of officials at central and local level

At the level of municipalities involved in the survey, 51.1% of officials have more than eight

years of working experience in the respective position, whereas at the central level, 87.5% of

respondents have more than eight years of working experience in the respective ministries.

6 Ministry of Environment and Spatial Planning,Ministry of Labour and Social Welfare and Ministry for Communities

and Return.

25%

75%

Central level

25 - 44

45 + 37.8%

60%

2.2%

Local level-Municipalities

younger than 25

25 - 44

45 +

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Legality

Results showed that 75.6% of respondents at the local level estimate that the rules that

define the powers and mandate of the institution and their responsibilities are clear to a very

large extent and the same is true for central level with 75% of officials think the same.

On a cumulative percentage, 73.3% of respondents interviewed in 4 pilot-project participating

municipalities, responded that they to a very large or large extent encounter with situations

where the law does not provide sufficient guides on how to decide on a particular decision.

On a cumulative percentage, 87.5% of respondents at the central level responded "to a very

large extent" or "to a large extent" that they are confronted with situations without adequate

instruction in the laws under which they perform.

Cross-graphics for the local and central level for situations where the law does not instruct

sufficiently

82.2% of officials at municipal levels have stated they have full access to the laws, regulations

and guidelines in their field of work. At the central level, officials also stated (87.5% of them)

that they have full access to the latest laws, regulations and guidelines regarding their field

of work.

42.2% in municipalities and 50% at the central level have received the necessary training for

new legislative instruments in their field of work.

Under the legislation in force in Kosovo, the conflict of interest is a condition of dispute

between public duty and private interests of the senior official, when he/she has direct or

indirect personal interests which affect, may affect or may appear to affect the legality,

transparency, objectivity and impartiality in the exercise of public function7.

Although half of respondents at the municipal level have stated that they fully have

instructions on how to deal with situations involving a conflict of interest, it is disturbing that

a cumulative percentage of 31.1% stated that they have not at all and to a small extent -

instruction to handle such situations.

7 Article 6, Law no. 04 / L-051 on Prevention of Conflict of Interest in Exercising Public Function

37.5%

50%

12.5%

Central Level

Not at all

To a large extent

To a very largeextent

20%

2%

51%

27%

Local level

Not at all

To a smallextent

To a largeextent

To a very largeextent

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Accessibility

In the survey conducted, attention was paid to the issue of whether it is possible that the

municipalities participating in this pilot project address the claims made in languages other

than the official languages, and according to the results obtained from the municipal and

central level details are as follows:

Handling of requests made in languages other than the official languages

73.3% of municipal-level officials stated that they have sufficient guidance on how to help

residents in cases of obvious errors, while 6.7% of them stated that they have not at all. At

the central level 75% of respondents stated that they have sufficient guidance, 12.5%

answered to a large extent and 12.5% to a small extent.

At the central level, regarding guidance on payments for services provided, answers are as

follows: 50% to a very large extent, 25% to a large extent, 12.5% don`t know and 12.5% stated

that they have no guidance at all on payments for services provided by their institution.

Regarding equal access to information regardless of gender/ethnicity or religion or any other

social status on services offered by the institution where they work, officials at municipal and

central levels, have stated they had full access to a percentage of 9.1% expressed by

municipal officials and 75% by central level officials.

The right to be heard

The principle of hearing the parties, as a principle that should characterize a fair legal

process, must extend to all procedures; criminal, civil or administrative, to respect the right

of the individual-party to submit to the competent body arguments and documents necessary

for the protection of their interest or legal means necessary to appropriately resolve a

matter.

66.70%

100%

20.00%

4.4%

6.7%

2.2%

LOCAL LEVEL

CENTRAL LEVEL

Is it possible to adress the claims in languages other than the official languages?

To a very large extent To a large extent To a small extent

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68.9% of respondents in 4 municipalities participating in this pilot project stated that they

have fully established procedures for this, while for the central level the outcome is slightly

different, with 25% to a very large extent, 25% not at all, 37.5% to a large extent and 12.5%

don`t know.

In the question whether they have guidelines for timelines for decisions,91.1% of the local-

level officials responded to a very large extent, 6.7% to a large extent 2.2% not at all, while

at central level 100% of officials responded to have to a very large extent.

Compliance with the deadline for making decisions on matters affecting the interests of

applicants is a problem being that 48.9% responded "to a large extent" they encounter

situations where they find it difficult to respect deadlines, 20% stated that they to a very

large extent face such situations and only 26.7% said they face no difficulties in respecting

the deadlines for issuing decisions.

The same situation is reflected by the outcomes for central levels, who also encounter

problems in respecting of the timeliness of decisions, as 75% of them responded "to a large

extent", they encounter such situations and 25% to a very large extent.

In each municipality separately, were analyzed outcome per each municipality individually, if

the officials of the 4 municipalities involved in this research have the same problem.

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Cross-Graphics on 4 municipalities regarding difficulties in respect of deadlines.

Transparency

-At the local level – municipalities, 88.9% of respondents responded that they have instruction

for these cases, 11.1% responded “to a large extent” and 4.4% responded “to a small extent”

and “not at all.” Regarding the central level – ministries, 100% of respondents stated that

have instructions to respond to the persons seeking information.

91.1% of municipal officials responded that they have to a very large extent instructions on

how to ensure the equal access to information, 6.7% to a small extent or not at all, whereas

regarding the central level, 100% stated that they have to a very large extent instructions to

ensure equal access to information.

-Whereas when asked to what extent they have instruction to deal with cases when persons

seeking information about their cases, 75.6% of municipal officials stated that they have

instructions on how to deal with such requests, 13.3% responded “to a small extent” and

11.1% stated that they do not have instructions on how to deal with such requests. On the

other hand, the central level resulted with 100% of respondents responding "to a very large

Not at all7%

To a large extent50%

To a very large

extent43%

Gjakovë/Djakovica

Not at all

To a largeextent

To a verylarge extent

Not at all50%To a large

extent37%

To a very large

extent13%

Lipjan/Ljipljane

Not at all

To a largeextent


Not at all18%

To a large extent

9%To a very

large extent64%

To a small extent

9%

0%

Istog/Istok

Not at all

To a largeextent


To a smallextent

Not at all42%

To a large extent42%

To a very large

extent8%

To a small extent

8%

Kamenicë/Kamenica

Not at all

To a largeextent


To a smallextent

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extent" meaning they have instructions on how to deal with request of persons seeking

information for their cases.

60% of municipal officials responded that they have instructions, 20% responded “to a large

extent”, 11% responded “not at all” and 6.7% responded “to a small extent”. At the central

level, 100% of the respondents stated that have instructions on how to deal with data on

integrity and privacy.

-Officials involved in this survey were asked to what extent their institution has established

procedures for archiving data, 88.9% of them at the municipal level stated that they have

established procedures, 11.1% stated not at all or to a small extent. 100% of the respondents

at the level of central institutions stated that they have established procedures for archiving

data.

The right to appeal

- Observance of the right to appeal is very important, officials be aware of what their

decision should include, i.e. requirements for decision form (reasoning, indication of

remedies). When asked about this, 84.5% of the officials stated that they have instruction on

what their decision should include, 6.7% stated that they do not have at all, 4.4% responded

“to a small extent” and 4.4% responded “don`t know”.

Officials were asked to what extent they have instructions on how a person should be

informed about a decision. 91.1 % of them have instructions, 4.4% responded “rather yes” and

a cumulative percentage of 6.7% responded “not at all” or “to a small extension”, regarding

the extent of instructions on how a person should be informed about a decision which affects

his/her interests. At the central level, 100% of the respondents stated that they have

instructions on this issue.

77.8% of officials of all 4 municipalities involved in this survey stated that they have

instructions on how to advise parties wanting to appeal against the decision issued by their

institution/body. 13.3% stated that they have instructions "to a large extent" and a cumulative

percentage, or 8.9% of them, stated that they do not have instructions at all or have

instructions to a small extent on how to advise a person wanting to appeal. The central level,

in a total percentage (100%), stated that have instructions on how to advise the party.

Regarding the question to what extent institutions have instructions on how to deal with

residents wishing to appeal against a decision, 84.4% of the respondents at the local level

stated that they have instructions, 4.4% stated that they have instructions to a large extent

and a cumulative percentage, or 11.1% of them, responded “to a small extent” or “not at

all.” Regarding the central level, 87.5% stated that they have instructions to a very large

extent, and 12.5% stated that have instructions to a large extent.

Accountability

One of issues for which municipal officials responded is whether their work is influenced by

decisions and instructions from the supervisory agencies/institutions. 51.1% of them stated

that their work is fully influenced by the decisions of the supervisory institutions, 11.1%

stated “rather yes”, 28.8% stated not at all, whereas 8.9% stated to a small extent.

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At the local level, 66.7% of respondents stated that they have instructions on what to do

when they suspect that someone within the institution has violated the law, 24.4% stated

“rather yes”, and in a cumulative percentage of 8.9% officials stated that they have to a small

extent or not at all instructions for such cases.

-Bribery8, as a nowadays negative phenomenon, when present in the institutional level, has

an adverse impact in the whole work, rule of law and respect of rights of other parties, as

well as in the institutional integrity.

When asked whether they have cases when someone offers them a bribe during their work,

71.1% of the officials of the local level stated that they do not face such situations, 13.3% of

them stated to some extent, 11 % to small extent, whereas 4.4% of them stated that they had

cases to a very large extent when someone offered bribe.

At the central level, 87.5% responded to this question that they did not have at all such cases,

whereas 12.5% responded to some extent yes.

-To the question whether a civil servant in an institution could accept a bribe without being

detected and punished, local level officials responded as follows:

42.2% not at all, 24.4% to a small extent, 22.2% to a large extent, only 4.4% to a very large

extent, whereas 6.7% of them do not know.

When asked whether they have instruction on the manner on how to deal with complaints

against staff or their institution, 75% of the local level officials stated that they have to a very

large extent, 17.8% stated that they have to a large extent, whereas 6.8% stated that they do

not have at all. At the central level, 100% of officials responded to have such instructions to a

very large extent.

8 Pursuant to the Article 428, paragraph 1 of the Criminal Code of the Republic of Kosovo, accepting bribes means: “An official person who requests or receives, directly or indirectly, any undue gift or advantage, for himself, herself or for another person, or who accepts an offer or promise of such gift or advantage, so that the official person acts or refrains from acting in accordance with his or her official duties, ….”

17 | P a g e

User survey results The rule of law means above all respect for the guaranteed human rights, including equality,

non-discrimination, legality, the right to be informed, to appeal, the right to access and all

these should be respected by institutions mandated to take decisions that affect the interest

of residents.

This user survey has been carried out to see the perception of residents for the cases of

interaction with institutions.

A total of 259 interviews have been conducted as a part of the survey, (respondents have

self-declared ethnicity).

Gender Status Age Ethnicity

106 Female

120 beneficiaries 120 persons were +45 235 persons- Albanian

6 persons- Roma

74 rejected 123 persons between

25 -44 12 persons -Ashkali

153 Male 65 waiting 16 persons less than

24

4 persons -Egyptian

2 persons -Serbian

Only 47.1% of respondents have completed secondary school, 34.7% only primary school, also

there are persons who did not complete the primary education but just several years of the

primary education.A very small number of respondents have higher education – completed the

faculty (only 6 of them) and a very small number who completed several years in the faculty,

but not graduated (6 persons).

Results of the municipality of Gjakovë/Djakovica

40.9% of total interviews, with a total of 106 user's surveys were conducted in this

municipality, (respondents have self-declared ethnicity).

Gender Status Age Ethnicity Last contact/visit in

municipality

48 Female

46 beneficiaries

51.9% were +45

86.8% Albanian 63.2% , in a year or less

5.7% Roma

41.5% between 25 -44

4.7% Ashkali

4.7% between 1-3 years

58 Male 60 awaiting

response 6.6% less than 24

2.8% Egyptian 32.1% more than 3 years

0% Serbian

18 | P a g e

Principle of legality

Regardless of the fact that the competencies of the Municipalities/Directorates may be

determined clearly from a legal standpoint, in practice it is important that they are clear and

understandable for the residents who interact with these authorities, that the officials have

access to the laws, regulations and held necessary trainings regarding procedures that

regulate their duties. Regarding this issue, respondents have answered as below:

42.6% of respondents think that the municipality implements the law to a large extent, 36.6%

to a small extent, 14.9% not at all, whereas only 5.9% think that municipality implements the

law to a very large extent.

50% of the users believe "to a small extent" that the civil servants will not decide for a case

involving a conflict of interest, 39% to a large extent, 8.5% not at all, whereas, 2.4% think "to

a very large extent" civil servants would not decide for cases involving a conflict of interest.

An interesting finding is that 45.1% think that municipality treats everyone equally to a small

extent, 25.5% think that municipality treats everyone equally to a large extent, 22.5%

responded as not at all, whereas only 6.9% stated that municipality treats everyone equally to

a very large extent.

1% 3% 6.30%

52% 54.50%32.60%

46% 41.40%

60%

1% 1% 1.10%

0%

20%

40%

60%

80%

100%

120%

You think that municipalcompetences are clear?

You think that c.servants have accessto the laws, regulations and

guidelines that govern their work?

You think that c.servants obtainedproper training with regard to law

and procedures governing theirwork?

Municipality of Gjakovë/Djakovica - Principle of Legality

Not at all to a small extent Large extent Very large extent Don't know

19 | P a g e

Principle of accessibility

For residents it is important to understand the responsibilities of municipality and municipal

departments because they interact with municipal institutions and they use services provided

by the latter.

Half of the respondents (52%) in the Municipality of Gjakovë/Djakovica think that municipality

will help to a large extent in case of errors, 35.7% think that this would happen to a small

extent, 6.1% think that the municipality would not help at all, whereas only 6.1% to a very

large extent.

When asked to what extent costs and fees are affordable, 48.5% stated that are affordable to

a small extent, 21.2% think that they are affordable to a large extent, 25.3% think that fees

and costs seem to be not affordable at all and only 5.1% stated that are affordable to a very

large extent.

Right to be heard

As the competence of the municipalities is to take decisions whereby interests of residents

are affected (in this case of users in need of social housing), it was necessary to obtain the

opinion of them on whether the municipality listens views and arguments before they take a

decision that affect their interests.

2.00%8.20% 3.60%

55.10% 48.00%

28.60%

40.80% 42.90%

64.30%

2.00% 1.00% 3.60%

0%

20%

40%

60%

80%

100%

120%

You think it is possible to understandwhat municipality is responsible for?

You think the municipality is acessiblein terms of visits/communication?

You think its possible tocommunicate with the municipality in

more than one language?

Municipality of Gjakovë/Djakovica - Principle of accessibility

Not at all small extent Large extent Very large extent

20 | P a g e

Whereas when asked on how much the municipality is observing these time limits, 52.3% think

that the municipality observes them to a small extent, 30.7% think that it observes them to a

large extent, 13.6% think that it does not observe at all and 3.4% think that it observes to a

very large extent.

The Right to appeal

11.40% 14.40% 12.50%

59.00% 49.00%37.50%

28.60%34.60%

46.60%

1.00% 1.90% 3.40%

0%

20%

40%

60%

80%

100%

120%

You think that the municipality listensto your views/arguments before

taking a decission that affects you?

You think you can express your viewsverbally, before the municipality

takes a decission that affects you?

You think there are time limits forwhen the municipality must take a

decission?

Municipality of Gjakovë/Djakovica - Right to be heard

Not at all small extent Large extent Very large extent

2.80%17.20%

9.20%

44.30%

46.50%

33.70%

34.00%

32.20%

45.90%

11.30%

4.00%11.20%7.50%

0%

20%

40%

60%

80%

100%

120%

You think that the municipalityshould explain the reasons of a

decission?

You think that the municipality willinform you when they have taken a

decission that concernes you?

You think that you can appealdecissions by the municipality that

have gone against you?

Municipality of Gjakovë/Djakovica - The right to appeal

Not at all Small extent Large extent Very large extent Nuk e di

21 | P a g e

In order to see what they think about the legal advice, they were asked to what extent they

think that the municipality will advise them on how to appeal a decision they are not satisfied

with. Most of them think that the municipality will advise them to a small extant on how to

appeal a decision with which they do not agree (45%), whereas 27% think that they will do at

a large extent, 25% think that the municipality will not do this at all and only 3% think that it

will do to a very large extent.

Most of the users (52.1%) think that their municipality reviews it decisions in a fair and

objective way to a small extent, 25% selected not at all, 19.8% think that the decisions will be

reviewed in a fair and objective way to a large extent and 3.1% to a very large extent.

Transparency

When asked to what extent they think that the municipality records, maintains and archives

data based on procedures in place, 59.7% of the respondent responded “to a small extent”,

whereas 31.3% responded “to a large extent”, 6% responded “not at all”, whereas 3%

responded “to a very large extent.”

2.10%13.50%

3.90% 6.00%

68.00% 47.10%51.90%

59.70%

28.90%39.40%

41.60%31.30%

1.00% 2.60% 3.00%

0%

20%

40%

60%

80%

100%

120%

You thin you would takeinformation on the laws,

standards/procedures thatguide the work of the

municipality?

You think you could getinformation on a case that

concerns you?

You think that themunicipality will not give

out sensitive/privateinformation?

You think that themunicipality registers/saves

and archives the data?

Municipality of Gjakovë/Djakovica - Transparency

Not at all Small extent Large extent Very large extent

22 | P a g e

Accountability

Results of the Municipality of Istog/Istok

29.7% of the total number of interviews has been carried out in this municipality, i.e. a total

of 77 users, (respondents have self-declared ethnicity).


municipality

26 Female

33 beneficiaries 40.3% were+45

97.4% Albanian 92.2% in a year or less

0% Roma

42 rejected 50.6% between 25 -44

1.3% Ashkali


51 Men 2 waiting 9.1% less than

24

1.3% Egyptian 6.5% more than 3 years

0% Serbian

5.80% 11.20% 10.00%22.80%

62.80% 59.60%

32.90%

53.50%

29.10% 28.10%

54.30%

20.80%

2.30% 1.10% 2.90% 3.00%

0%

20%

40%

60%

80%

100%

120%

You think that supervisoryagencies influence the work

of the municipality?

You think that c.servantshave instructions on how to

deal when there is asuspicion for breaching the

law?

You think that c.servantscan accept bribes withoutbeing detected/punished?

To what extent thecomplaints against

municipality are takenseriously?

Municipality of Gjakovë/Djakovica - Accountability


23 | P a g e


In the total average of 2.48 (where 1=not at all, 2=to a small extent, 3= to a large extent and

4= to a very large extent), most of the respondents that mainly "to a small extent" the civil

servants would not decide on a case where there is a personal interest, i.e. according to

them, civil servants would decide on case even when involving a conflict of interest.

Even for the cases of the equal treatment to all, 45.1% of the respondents think that this

happens to a small extent, whereas 25.5% responded “to a large extent”, 22.5% responded

“not at all” and 6.9% responded “to a very large extent.”

17.10% 14.90% 13.60% 15.50%

30.00%19.40% 24.20% 19.70%

37.10%47.80% 45.50% 46.50%

15.70% 17.90% 16.70% 18.30%

0%

20%

40%

60%

80%

100%

120%

You think that municipalcompetencies areunderstandable?

You think that c.servantshave access to the laws,

regulations and guidelinesthat govern their work

You think that c.servantsobtained proper trainingwith regard to law and

procedures governing theirwork?

You think that municipalityrespects the law?

Municipality of Istog/Istok - Principle of legality


24 | P a g e



52.7% of the respondents think that the municipality listens to a large extent their views and

arguments before they take a decision that affects them,17.6% to a small extent, 16.2%

stated not at all, whereas 13.5% state that this happens to a very large extent.

Regarding the issue of whether it is possible for them to verbally express their views and

arguments before a decision is taken, 47.3% stated that this is possible to a large extent,

21.6% stated that this is possible to a small extent, 9.5% think that this is not possible at all

and 21.6% think that this is possible at a very large extent.

Regarding the presence of the time limits for when the municipality must take a decision for

a certain case, (58.5%) stated at a large extent or to a very large extent such time limits,

17.1% responded “to a small extent” and 24.3% responded “not at all.”

57% stated that the municipality follows the time limits to a large extent and to a very large

extent, whereas 23.6% consider that the Municipality of Istog/Istok follows to a small extent

and 19.4% stated that the municipality does not follows the time limits at all.

The right to appeal

When asked to what extent the municipality must explain the reasons behind their decisions,

61.1% stated that the municipality must do this to a large extent/very large extent, 18.2%

responded “small extent” and 14.3% responded “not at all.”

6.60% 9.40% 12.50% 14.50%

31.60% 20.30% 13.90%26.10%

51.30%59.40%

55.60%

46.40%

10.50% 10.90%18.10% 13.00%

0%

20%

40%

60%

80%

100%

120%

To which extent can youunderstand responsibilities


Is it possible tocommunicate with

municipality in more thanone language?

To what extent willmunicipality assist in cases

of errors?

Is municipality acessibleregarding

visits/communication

Municiipality of Istog/Istok - Principle of accessibility

Not at all to a small exntent Large extent Very large extent

25 | P a g e

Transparency

When asked to what extent they think that the municipality records, maintains and archives

the data based on procedures in place, 70.2% responded “to a large extent” and “to a very

large extent”, whereas 3.5% responded “to a small extent” and 26.3% responded “not at all.”

20.80% 19.70%31.40% 27.50%

20.80%8.50%

15.70%10.10%

30.60%

32.40%

30.00%37.70%

27.80%39.40%

22.90% 24.60%

0%

20%

40%

60%

80%

100%

120%

You think that themunicipality will inform you

when they have taken adecission that concernes

you?

You think that you canappeal decissions by the

municipality that have goneagainst you?

You think the municipalitywould advise you on hot to

appeal a decission theyhave taken?

You think the municipalitywould review their own

decisions in a fair/objectiveway?

Municipality of Istog/Istok - The right to appeal


17.10% 21.60%

42.60%22.90% 13.50%

25.50%40.00%

36.50%

21.30%

20.00%28.40%

10.60%

0%

20%

40%

60%

80%

100%

120%

You think you would takeinformation on the laws,

standards/procedures that guide thework of the municipality?

You think you could get informationon a case that concerns you?

You think that the municipality willnot give out sensitive/private

information?

Municipality of Istog/Istok - Transparency


26 | P a g e

Accountability

8.00% 11.80%

47.90%

19.70%

31.00%33.30%

18.80%

12.10%

50.00% 37.30%

27.10%

36.40%

10.00% 17.60%6.30%

31.80%

0%

20%

40%

60%

80%

100%

120%

Yout think that supervisoryagencies influence the work




law?




Municipality of Istog/Istok - Accountability

Not at all To a small extent Large extent Very large extent

27 | P a g e

Results of the Municipality of Kamenicë/Kamenica In this municipality was conducted 16.2% of the total number of interviews, namely a total of

42 users, (respondents have self-declared ethnicity).


municipality

11 Female

20 beneficiaries 45.2% were +45

95.2% Albanian 92.9% in a year or less

0% Roma


0% Ashkali 4.8% between 1-3 years

31 Male 6 waiting 2.4% less than

24

0% Egyptian

2.4% more than 3 years 4.8%

Serbian


32.4% stated that to a large extent civil servants will not decide on a case when they have a

personal interest, 26.5% believe that to a small extent the servants will not make decisions

when they have a personal interest, 2.9% think that to a very large extent they will not

decide and 38.2% of respondents indicated that no civil servant will decide in a case involving

a personal interest.

30% stated that municipality does not treat everyone equally at all, the other 30% thinks that

to a small extent they are treated equally, 25% state that to a large extent they have equal

treatment and 15% responded that to a very large extent, everyone is treated equally.

14.60%4.90% 9.80% 14.60%

26.80%

14.60% 9.80%

26.80%

51.20%

68.30%53.70%

31.70%

7.30% 12.20%26.80% 26.80%

0%

20%

40%

60%

80%

100%

120%







Municipality of Kamenicë/Kamenica - Principle of legality


28 | P a g e


As regarding the tariffs and costs of administrative services, users within this municipality

responded as they are not affordable, for 41% stated that they are affordable to a small

extent, 33.3% stated that they are not at all, 17.9% responded that they are affordable to a

large extent and only 7.7% think that they are affordable to very high extent.


42.9% declared that the municipality takes into consideration their opinion and arguments

before taking a decision which affects them to a small extent, whereas 31% declared that the

municipality does not take into consideration their arguments at all, 16.7% declared that the

municipality takes into consideration their views and arguments to a large extent and 9.5

declared that the municipality takes into consideration their arguments and views to a very

large extent.

With regard to giving their arguments and expressing their opinion verbally/orally, (46.3%) of

respondents stated that this is possible to a large extent, (22%) believe that this is possible to

a small extent, (7,3%) believe that it is possible to a very large extent and (24.4%) believe

that it is not possible at all to express views and arguments verbally.

According to 46.2% of the respondents think that legal time limits within which the

municipality renders a certain decision on a case exists to a large extent, 33.3% declared that

they exist to a small extent, 7.7% believe that such time limits exist to a very large extent,

and 12.8% believe that there are no such time limits at all.

While, when asked about the level of observance of such time limits by the municipality with

regard to deciding in a certain case, 42.2% stated they are observed to a large extent, 10%

7.70% 13.50% 9.80%21.10%

17.90%

29.70% 41.50% 23.70%

61.50%37.80%

39.00% 52.60%

12.80% 18.90%9.80%

2.60%

0%

20%

40%

60%

80%

100%

120%






of errors?


visits/communication?

Municipality of Kamenicë/Kamenica - Principle of acessibility


29 | P a g e

stated they are observed to a very large extent, 37.5% believe that they are observed to a

small extent, and 10% believe that such time limits are not observed at all.

The right to appeal

According to the respondents in the Municipality of Kamenicë/Kamenica, namely 45.2% of

them believe the municipality should clarify the reasons of a decision to a large extent, 23.8%

to a very large extent, 19% to a small extent, 2.4 believe the municipality should not clarify

the decisions at all, whereas 9.5% do not know.

Transparency

65.4% think that the municipality registers, retains and archives data to a large extent, 23.1%

responded “to a small extent”, 3.8% think that the municipality does not register, retain and

archive data at all, whereas 7.7% responded that the municipality does so to a very large

extent.

10.00% 2.60%16.70% 20.00%

37.50%

5.10%

44.40%50.00%

40.00%

48.70%

27.80%25.00%

12.50%

43.60%

11.10% 5.00%

0%

20%

40%

60%

80%

100%

120%



you?







Municipality of Kamenicë/Kamenica - The right to appeal

Aspak Masë e ulët Masë e lartë Masë shumë e lartë

30 | P a g e

Accountability

12.80% 12.50%

43.80%20.50%12.50%

37.50%56.40%

45.00%

18.00%10.30%

30.00%

0%

20%

40%

60%

80%

100%

120%





information?

Municipality of Kamenicë/Kamenica - Transparency


15.40% 9.40% 14.80%23.70%

15.40% 21.90%

51.90% 31.60%

42.30%59.40%

22.20%36.80%

26.90%9.40% 11.10% 7.90%

0%

20%

40%

60%

80%

100%

120%





law?




Municipality of Kamenicë/Kamenica - Accountability


31 | P a g e

Results of the Municipality of Lipjan/Ljipljan In this municipality was conducted 13.1% of the total of interviews, namely 34

users/respondents were interviewed in total.2.9%, (respondents have self-declared

ethnicity).


municipality

11 Female

21 beneficiaries 44.1% were +45

82.4% Albanian 79.4% within a year or less

0% Roma


17.6% Ashkali


23 Male 6 waiting 2.9% less than

24

0% Egyptian 14.7% more than 3 years

0% serbian


On the issue of conflict of interest, 32.4% of the users think that civil servants to a large

extent will not be deciding on case where they have personal interest, 38.2% think they will

not be deciding at all, 32.4 % think to a large extent, and 2.9% think they would do so to a

very large extent.

4.30% 3.80%

30.00%27.60%34.80%

53.80%

53.30%58.60%

60.90%42.30%

16.70%13.80%

0%

20%

40%

60%

80%

100%

120%







Municipality of Lipjan/Ljipljan - Principle of legality


32 | P a g e

30% stated that the municipality treats everyone equally to a small extent, 30% stated this

does not happen at all, 25% think that everyone is treated equally to a large extent, and 15%

think this happens to a very large extent.


With regard to the tariffs and costs of municipal administrative services, 41% of the

respondents think such tariffs and costs are affordable at a small extent, 33.3% think they are

not at all affordable, 17.9% and 7.7% think they are affordable at a large extent, and at a

very large extent respectively.


On the issue whether the municipality takes into consideration their opinions and arguments

before issuing the decision, 42.9% of the respondents think that the municipality does that at

a small extent, 31% not at all, 16.7% think the municipality does so at a large extent, and

9.5% think that the municipality considers their opinions at a very large extent.

The majority thinks that the municipality takes their arguments into consideration at a small

extent, or not at all, before issuing a decision.

46.2% of the respondents stated that there are legal time limits at a large extent, 33.3% think

they exist at a small extent. 12.8% think there are no legal time limits on when the

municipality should issue a decision on a certain case, and 7.7% think such time limits exist at

a very large extent. Whereas, when asked if the municipality adheres to such time limits,

65.5% stated the municipality does so at a small extent, 27.6% not at all, 3.4% at a large

extent, and 3.4% at a very large extent.

91.00%

20.70% 10.00%

68.80%

63.60%

62.10% 76.70%

25.00%

27.30%

17.20% 13.30%6.30%

0%

20%

40%

60%

80%

100%

120%

140%

160%

180%

200%






of errors?


visits/communication?

Municipality of Lipjan/Ljipljan - Principle of accessibility


33 | P a g e

The right to appeal

On the issue of explaining the reasons behind a decision, 70.6% responded that the

municipality should do so at a very large extent, 17.6% at a large extent, and only 2.9% for a

small extent, and 8.8% stated they do not know.

3.30% 3.10%

28.10%

61.30%

20.00%

3.10%

53.10%

29.00%

20.00%

6.30%

15.60%6.50%

56.70%

87.50%

3.10% 3.20%

0%

20%

40%

60%

80%

100%

120%



you?







Municipality of Lipjan/Ljipljan - The right to appeal


34 | P a g e

Transparency

.

Regarding the issue of registration, archiving, and retaining data by the municipality, 66.7%

responded that the municipality would not do so at “very large extent”, whereas 33.3%

responded that the municipality does registers, archive and retains data at a “small extent”

Accountability

10.30%

65.50%76.70%

16.70%

24.10% 23.30%

4.20%

79.20%

0%

20%

40%

60%

80%

100%

120%





information?

Municipality of Lipjan/Ljipljan - Transparency


53.30%

10.50% 11.80%

40.60%

46.70%

73.70%

41.20%

53.10%

15.80%

23.50%

6.30%23.50%

0%

20%

40%

60%

80%

100%

120%





law?




Municipality of Lipjan/Ljipljan - Accountability


35 | P a g e

Comparison of results

Comparative graph of principles between municipalities and users

2.20%

6.70%

2.60%

8.90%

4.40%

4.40%

6.20%

9.70%

13.50%

14.30%

13.50%

8.10%

Hulumtimi me stafe komunale Hulumtimi me përdorues

Legality

Accesibility


The right to appeal

Transparency

Accountability

Comparative outcomes of survey conducted with municipal staff and users

36 | P a g e

Cross-graph of users by ethnicity

Comparative graph: Are the rules defining the powers and mandate of the municipality

understandable?

25.50%

50%

33.30%

0%

29%

16.70%

8.30%

0%

50%

29.40%

0%

33.30%

25%

9.80% 16.70%

16.70%

75%

50%

6.40%

16.70%

8.30%

0%0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

Albanians Roma Ashkali Egyptians Serbians

Do you think the municipality treats everyone equally?

Not at all To a small extent To a large extent To a very large extent Don’t know

6.70%4.40%

13.30%

75.60%

Municipal staff survey

Not at all To a small extent

To a large extent To a very large extent

7.30%

35.50%

42.50%

7.30%

7.30%

Users' survey



Don’t know

37 | P a g e

Comparative graph, provision of assistance by the municipality to parties that have made a

mistake (such as typos, calculation, addressing the wrong agency)

Gender Comparative graph, if they face situations where someone offers them bribe.

9.70%

30.90%

43.20%

8.90%

7.30%

Users' survey

Not at all Small extent

Large extent Very large extent

Don’t know

6.70%2.20%

17.80%

73.30%

0

Municipal staff survey



0%

20%

40%

60%

80%

100%

Female Male

50%74.40%

12.80%

33.30%

10.30%16.70%

2.60%

Do you face situations where someone attempts to bribe you?

Not at all Rather no Rather yes Yes

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Review of the Rule of Law principles While the Formal Mapping chapter of the current legislation analyzed in details the current

legal framework in Kosovo, which is applied/regulates the issue of social housing and

administrative procedures, however with regard to municipalities’ competences, residents’

rights and obligation of bodies in general, will be reviewed below.

Although the Law No. 03/L-164 on Housing Financing Specific Programmes is in force as of

2010 and it determines the competences of the municipalities, and of the Ministry of

Environment and Spatial Planning, as the agency responsible for supervising the

implementation of the law, for supervising the procedures of specific housing programmes,

their announcement, and the right of appeal, and although six Administrative Instructions

were issued for the purpose of implementing this law, municipalities issued regulations for

which the officials emphasized that they have not been implemented yet.9

Out of a total of 4 municipalities involved in the project, 6 years from the time when the

current law has entered into force, only the Municipality of Kamenicë/Kamenica announced a

public competition for social housing through the Specific Housing Programme in the summer

of 2015, whereas the last time one of the other three municipalities published a public

competition for social housing, was 8-10 years ago.

People benefiting social housing from the Specific Housing Programmes have to pay minimum

rent for the apartment, and the funds are mainly used for the purpose of maintaining the

facilities. The factual situation in the three municipalities, which have last published the

competition 8-10 years ago, is that nobody collects rent from these families.

In the aspect of the principle of legality, as per the Agency Staff survey, when the officials

were asked on how understandable are the rules that define the competencies, the mandate

of the institutions and their responsibilities, the majority (75.6%) stated that they are

completely understandable and clear. In the other side, there are contradicting results,

because the majority of them declared that they face situations where the law does not offer

sufficient guidance on how to proceed with a specific decision.

Currently the residential capacities have not been increased, and one of the reasons

mentioned by the municipalities for not publishing the new public competitions is that they

lack the premises and the funds.

Assessment of the issue of advising the parties, handling their applications in due time,

providing necessary information on their requests, is a little complicated at this point,

because, in a certain stage, it is almost impossible to assess the flow of procedures that have

been employed 8-10 years ago, at the time when Municipalities worked based on the Social

Housing Guide (no longer applicable), and were characterized by the different ways of

managing municipal housing and housing procedures from one-another.

With regard to accessibility, the previous chapters described the outcomes of “Municipal

staff survey” and “Users’ survey”, however based on the interaction with these four

municipalities involved in the project, the problems on obtaining information from the

municipalities have come to the fore.

9 Municipality of Kamenicë/Kamenica and Lipljan/Ljipljane have issued municipal regulations which according to municipal officials, were not implemented.

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At the municipal level there is no management of data on social housing, beneficiaries,

procedures and contact details, which makes the process of obtaining accurate, and in due

time, information from the municipal bodies/directorates very difficult.

With regards to visits to the municipality, mail/phone communications, the majority of the

Users (48.7) declared that they are accessible “at a small extent” or “none at all”. In terms

of processing requests in more than one language, the municipal officials stated that in

general it is fully possible, which was also agreed to by the surveyed Users, which shows that

the languages do not represent an issue in the communication process between institutions

and users.

In cases where the residents make obvious typing and calculating mistakes, or send their

questions to the wrong Directorate/institution, a majority of the Users answered that the

municipality would help them in such cases. The officials also stated that they have

instructions on how to support Users when they make mistakes in applications, which is a

result that shows that when the Users make mistakes, either due to dis-information or

unconsciously, the institutions will provide counsel on the steps that they must follow.

Regarding the right to be heard, according to the current law in force, when any of the

municipalities publish the Specific Housing Programme, the announcement should include the

necessary document for application. These documents, after the expiration of the time limit

for submission of applications and documentation shall be sent by the competent municipal

body to the verification and selection committee”10. Committees in the field conduct the

assessment of housing situation of families, verification of economic situation and verify the

data of the applicant11. In practice this has been applied before and after the entry into force

of the current law, because all assessing and selection committees prior to rendering the

decision have visited the applicants in the field in order to verify the situation, and at the

same time the applicants used the right to verbally express their opinions and arguments.

Regardless of this, a majority of Users answered that their predispositions/arguments are

taken into consideration at a small extent. Also the majority of Users declared that they can

make verbal complaints at a small extent or not at all. While the officials in the other hand,

have responded that they have procedures for hearing the Users’ verbal complaints (57.8%),

thus creating a mismatching result. From the additional comments during the interviews with

Users, one of the reasons for their discontent – the fact that their predispositions are not

being considered, was noticed.

Regarding the deadlines for taking a decision on a specific case, 91.1% said that they have full

instructions, but what is interesting is that the same group of interviewees answered that

they run into difficulties in adhering to them. In this regard, the Users agree as well (52.2%)

because they declared the municipality adheres to the deadlines to a small extent or not at

all. From the Users’ additional comments, the main complaints were regarding the requests

for social housing which were submitted to the municipalities, for which the municipalities

are not respecting the timelines and are not creating solutions.

10 Law No. 03/L – 164 on Housing Financing Specific Programs, Article 4, paragraph 1 and 2. 11 Law No. 03/L – 164 on Housing Financing Specific Programs, Article 5, paragraph 4.

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On the issue of the right to appeal, from the four municipalities involved in this self-

assessment project, three of them that had published their last public competition 8-10 years

ago12 as explained in the social housing chapter in Kosovo, 1 of them (Lipjan/Lipljane) after

announcing the beneficiaries, has sent individual decisions to the rejected applicants and

advised them on the right to appeal, The municipality of Istog/Istok has included in the list of

announcing the beneficiaries the legal remedies for all unsatisfied parties whereas the

municipality of Gjakovë/Djakovica did not issue individual decisions for the rejected parties,

and the parties in order to obtain the reasons for rejection had to address the municipality,

but the municipality did not have a commission for reviewing the appeals.

Municipality of Kamenicë/Kamenica, which in 2015 has published the competition process for

benefiting social housing under the Specific housing programme, has sent individual decisions

to the rejected parties and provided the legal remedies of appeal before the Ministry of

Environment and Spatial Planning.

According to the results, the Users have uncovered the fact that the municipalities will give

counsel on how to appeal at a small extent. The majority of Users know about the existence

of deadlines, their right to appeal, but do not believe that the municipality would instruct

them how and where to appeal. The officials in the other hand, responded that they have full

instructions on how to advise residents that want to file an appeal against a municipal

decision.

With regard to transparency, in addition to the opinions of the users, which are explained in

the chapter of the survey outcome, the direct problem encountered from the communication

with the municipalities is that there were also problems upon the request to obtain

documentation either directly or via e-mail (regulations that are not applied, copies of the

competition announced, decision for establishing the committees).

According to the users, information regarding the laws, regulations or procedures that

regulate the duties of the municipalities can be obtained from the municipalities at a small

extent (42.1%). This does not correspond with the officials’ point of view in this regard, as the

officials (88.9%) fully know how to respond to residents seeking information. With regards to

obtaining information regarding individual cases, the results are similar as the users stated

that they can obtain related information at a small extent. The officials responded that they

have complete instructions on how to deal with such requests (75.6%).

12 Municipality of Gjakovë/Đakovica, Municipality of Lipjan/Ljipljan and Municipality of Istog/Istok.

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Issues identified

Lack of financial resources

Lack of facilities for use for social housing;

Lack of coordination between municipal Directorates within the municipality with

regard to social housing process

Lack of a database

Lack of municipal social housing officers in some municipalities

Lack of registry/inventory of municipal owned properties

Overlapping of competencies between the legislative and executive within the

municipality (example: selection process for the Commissions for Review and

Selection)

Lack of effective monitoring of the implementation of the legal framework pertaining

to social housing

Challenges with properties that are under the management of Kosovo Privatisation

Agency;

Non-adherence to the social housing criteria by the beneficiaries (i.e., the allocated

social housing unit is not used by the beneficiary but is landed to other third parties);

Abuses by the officials that are personally involved in the processes of social housing

(favoritism, nepotism);

Lack of municipal owned land that can be allocated for housing purposes (construction

of housing units by donors);

Large number of families whose houses were burned during the last conflict;

High number of requests for social housing due to the low socio-economic situation of

families and high rate of unemployment

Although the municipalities have declared that they have sufficient guidance on

instructing parties on their right to complain (77.8% of them), judicial counseling is

presented as a problem by the Users, because 45% of them declared that the

municipality would advise them on their right to complain at a small extent.

The confrontation of officials with situations where it is impossible to adhere to set

deadlines.

Lack of clarity encountered by officials when the law does not provide sufficient

guidance on taking a decision.

Positive Findings:

The respondents and officials through their answers, proved that addressing

requests/communication, is possible to be done in other languages in addition to the

official language.

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Recommendations

To the Municipalities:

Carry out housing needs assessment that would provide sufficient data on the housing

need situation in the municipality;

Develop three year municipal housing programmes in line with the applicable

legislation;

Allocate the necessary funds for implementation of municipal housing programmes;

Adhere to the legally prescribed appeals procedure during the selection process for

social housing beneficiaries;

Establish clear and transparent administrative procedures on social housing;

Establish funds for provision of housing to very urgent cases

Establish database with data on allocated social houses in each municipality

Re-assess the current situation with the social housing complexes in the municipality

of Lipjan/Ljipljan, Gjakovë/Djakovica, and Istog/Istok.

Streamline the entire process related to social housing (i.e. accurate number of social

housing fund, notification process, work of committees, beneficiary selection criteria

etc.)

Harmonize the municipal relevant acts with the applicable legal framework

Complete inventory of municipal owned properties (buildings and land) that may

potentially be used for housing of social cases or allocation of land for construction of

social housing buildings;

Allocate municipal owned land for construction of social housing units. Undertake

actions to release illegally occupied apartments owned by the municipality, and

advertise public calls for selection of beneficiaries in line with the applicable housing

legislation;

Assigning specific and harmonized duties to each official within the Directorate(s) for

all the procedures developed for addressing social housing.

Creation of a special office for housing in municipalities, or designation of an official

for housing in municipalities that have none, who would be competent for coordinating

between the municipal Directorates, Ministry and the Commissions for Review and

Selection;

To the Ministry of Environment and Spatial Planning and other line ministries:

Creation of a national-level social housing database

Development of a national social housing strategy

To support the municipalities with funds for construction of new social housing

facilities/units

Strengthen oversight of municipal adherence to legal obligation on social housing

Support the municipalities in the matter of using properties for social housing

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To the Kosovo Institute for Public Administration and their partners:

Train municipal civil servants in these areas: Administration and legislation, human

resources for municipal matters (with special emphasis on the trainings on legislation,

due to the amendments of the base laws of the legal framework).

Train municipal civil servants on specific topics such as conflict of interest, data

protection, division of powers and competencies, and on directly related topics.

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Appendix 1: Formal Mapping – Rule of Law – Concept, Principles and Scope

The rule of law is a mechanism for regulating the exercise of public and private power, and thus a means for ordering society, including the state-society relationship or social contract. It refers not only to the systems of rules and regulations, and the institutions that enforce and adjudicate the law – the courts, prosecutors, prisons, police, and so on, but also to the values that infuse them, influenced by international, national and local norms13. The self-assessment tool, developed by Folke Bernadotte Academy (FBA) and United Nations Development Programme (UNDP), aims to assist in the identifying, understanding and effectively addressing problems of rule of law in administrative bodies and processes. It consists of three modules: (1) Formal Mapping; (2) Agency Staff Survey; and (3) User Survey. The first module, Formal Mapping, involves the establishment of basic and formal data on the legal and administrative system in general, as well as identifying special bodies/agencies as subjects of detailed analyses. Thus, this chapter describes some of the laws, structures and processes that govern the administration, specific bodies/agencies or certain administrative functions, related to the issue of social housing, which is the area of focus of the self-assessment pilot project.

Since according to the legislation in force, municipalities have jurisdiction over matters related to social housing, special emphasis in the analysis of the laws has been put on the parameters that define the clear competencies of the municipalities, namely: The creation of commissions, selecting beneficiaries, selection criteria, the use of languages in procedures, communications with parties, and the right of unsatisfied parties to appeal or submit a complaint. In other words, this Formal Mapping specifically analyses how legal principles affect decision making in the area of social housing. Primary and secondary legislation will be described and analyzed in the contest of six principles of the rule of law: Legality, Accessibility, the Right to be Heard, Transparency, the Right to Appeal and Accountability. The primary legislation that sets the competencies of the central and local institutions, regulates the flow of works, and which were analyzed from the perspective of the rule of law principles outlined above, are:

The Constitution of the Republic of Kosovo (hereinafter, the Constitution)

The Law No. O3/L-040 on Local Self Government

The Law No. 02/L – 28 on the Administrative Procedure

The Law No. 03/L – 202 on Administrative Conflicts

The Law No. 03/L – 149 on Civil Service of the Republic of Kosovo

The Law No. 03/L – 215 on Access to Public Documents

The Law No. 03/L – 189 on State Administration

The Law No. 03/L – 172 on Personal Data Protection

The Law No. 02/L – 37 on the Use of Languages

The abovementioned legal acts have been selected as part of this analysis because they contain legal provisions stipulating the rights and obligations of institutions and parties and

13United Nations Development Programme (2015), Concept Note for Assessing Rule of Law in Public Administration, page 10

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also determine the procedures, application forms, and deadlines which in one form or another regulate municipal competencies and display the legal principles that municipalities must adhere to when executing their institutional rights and obligations. The Constitution, as the highest judicial act, has been analyzed in the context of the proclaimed principles from which the laws of specific fields are derived in a more detailed manner, which must be in-line with constitutional parameters. The Law on Local Self-government, has been analyzed and specifically emphasized because this law defines the municipalities’ legal status, competencies, general principles of municipal finances, the organization and functioning of municipal organs, the municipalities’ internal relations and those with the central institutions. The Law on Administrative Procedure has been analyzed because the provisions of this law are implemented by all public administration organs while exercising their functions through individual and collective acts; therefore, municipalities as key institutions of this pilot-project, adhere to the provisions of this law since they are public administration organs, and so does the Ministry of Environment and Spatial Planning (MESP) as a central level public administration organ, whose responsibility is to monitor the implementation of the Law for Financing Specific Programmes, which then regulates the matter of social housing at the central and local levels. Since the objective of this Formal Mapping is to present the legal provisions for all phases that pertain to the matter of social housing, one of these dispositions is also the initiation of administrative conflicts – lawsuits, after the exhaustion of the legal avenues for complaints when parties are unsatisfied, and for the purpose of assessing the level of legal protection of the legal rights and interests of physical and legal persons, and of other parties whose interests have been violated through individual decisions of the public administration organs, the Law on Administrative Conflicts has been analyzed. Civic service means the entire staff of the public administration hired in institutions of the central and local administration, which implement policies and ensure adherence to respective rules and procedures. Civil servants from the selected beneficiary municipalities were also included in the research of this pilot-project, and the Law on Civil Service of the Republic of Kosovo was also analyzed for the purpose of finding and defining legal obligations, status, and relationships of civil servants with the central and local-level administrative institutions. For the purpose of assessing the level of accessibility to drafted documents held by public institutions, and of the requirements, deadlines, potential limitations, and procedures for accessing these documents, the Law on Access to Public Documents was examined. Since officials from the MESP and the Ministry of Labour and Social Welfare (MLSW) were also included in this pilot-project’s research, the Law on State Administration was also analyzed, which determines the organization, cooperation and management of the organs that exercise executive competencies, to see the basic principles which guide the ministries’ operations, transparency, accessibility, administrative monitoring, and policy development. The data which is processed by the institutions may be sensitive for the parties involved in different processes in relation to the institutions; for this reason, the provisions of the Law on

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Personal Data Protection were analyzed to explain how this law determines the rights, responsibilities, principles and measures related to the protection of personal data. The Law on the Use of Languages has been analyzed in the context of ensuring the use of the official languages and languages in official use at the municipal level. With regard to the social housing issue specifically, as the area of focus of the current pilot-project which reviews the rule of law across this process and the functioning of the bodies and procedures in central and local level, the primary and secondary legislation currently in force, which regulates this issue includes: PRIMARY

The Law No. 03/ L- 164 on Housing Financing Specific Programmes

The law consists of seven chapters, with 32 articles in total. Chapter 1, General Provisions, sets out the purpose of the law and defines the operative legal terms. Chapter 2, Dwelling Programmes and the Categories of Families that can Benefit, defines categories of families that can benefit from institution-funded housing programmes, as well as the general eligibility criteria for benefiting from such programmes and those for prioritization of beneficiaries. Chapter 3, Dwellings Owned by Municipality which are Given for Rent, sets out the provisions further operationalizing the eligibility criteria to benefit from such Programmes (based on the level of income) and for prioritization of beneficiaries, further determining the manners of applying housing schemes and maintenance of housing facilities. Chapter 4, Housing Bonus, sets out provisions of granting housing bonuses and rules for their administration. Chapter 5, Financing of Specific Housing Programmes, determines sources of financing of housing programmes and budgeting criteria. Chapter 6, Institutional Organization, provides for the institutional setup in charge of implementation of housing programmes under the scope of this law and determines the division of institutional responsibilities. The last chapter sets out transitional and final provisions. This law is currently subject to an amendment process (as the draft Law on Social Housing), but it is unclear how long this process will take, and until the new draft law is approved and has entered into force, the current law shall apply. Based on this law, provision of housing is done through “specific financing rent housing programmes”. SECONDARY

Administrative Instruction No. 18/2010, on the Content of Contract for Non-profit

Housing Rent

Administrative Instruction No. 19/2010 on Housing Bonus Content

Administrative Instruction No. 21/2010 on Determining the Order of Precedence for

Categories of Families that Can Benefit from Special Housing Programmes

Administrative Instruction No. 22/2010 on Procedures of Benefiting from Special

Housing Programmes

Administrative Instruction No. 23/2010 on Procedures for the Announcement of Special

Housing Programmes

Administrative Instruction No. 24/2010 on Minimum Housing Standards on Apartments

of Special Housing Programmes

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The secondary legislation at the municipal level, which regulates the competencies of the municipalities, accessibility, use of languages in the procedure and transparency are:

Municipalities’ Statute

Regulation on Transparency

Regulations on the use of Languages Laws which during the implementation process of the current pilot-project (and during 2016) are in the process of amendment are:

Law on Housing Financing Specific Programmes

Law on the Administrative Procedure

Law on Administrative Conflicts

Law on Civil Service of the Republic of Kosovo

Law on State Administration

Law on Personal Data Protection14 As for the Law on Access to Public Documents, the concept document has recently been drafted which will be sent for approval to the Government, and in case of approval, the Legislative Programme for 2016 will be completed.15 All the analyzed laws will be presented in the context of the six principles of rule of law, beginning with the municipal competencies, those exclusively foreseen for regulating the social housing and also incorporate provisions from other laws that foresee a competency, a right or obligation that touches upon the institutional activities of the municipalities and the procedures they must follow as per the legal parameters.

Applying principles of Rule of Law in Primary Legislation in Kosovo

The Constitution and the eight laws mentioned above have been thoroughly analysed to assess

how many provisions they have that apply to the six principles of rule of law, as follows:

Legality

Municipal actions must always be in harmony with the constitutional and the legal system of

Kosovo, as explicitly stated in Article 11 of the Law on Local Self-government16 . This law

foresees the regulation of relationships between the central and local institution in Article 2

with the objective, among others, of ensuring the legality of the actions of the organs of local

self-government and respect of the rights and interests of residents.17

This law also guarantees the equal treatment of residents, obliging all municipal bodies to

ensure residents enjoy all rights and freedoms without distinction of any kind, such as race,

gender, ethnicity, colour, sex, language, religion, or political or other opinion. They shall

enjoy their rights regardless of their national or social origin or status, and thereby enjoy

14 The Legislative Programme for 2016 : http://www.kryeministri-ks.net/repository/docs/PROGRAMI_LEGJISLATIV_PER_VITIN_2016_FIINAL-BMK.pdf 15 List of Concept Documents for 2016: http://kryeministri-ks.net/repository/docs/Lista_e_Koncept_Dokumenteve_2016_shqip.pdf 16 Law Nr. 03/ L -040 on Local Self-government: https://gzk.rks-gov.net/ActDetail.aspx?ActID=2530 17 Law Nr. 03/ L – 040 on Local Self-government, Article 74.b and 74.c

http://www.kryeministri-ks.net/repository/docs/PROGRAMI_LEGJISLATIV_PER_VITIN_2016_FIINAL-BMK.pdf

http://kryeministri-ks.net/repository/docs/Lista_e_Koncept_Dokumenteve_2016_shqip.pdf

https://gzk.rks-gov.net/ActDetail.aspx?ActID=2530

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equal opportunities to municipal services at all levels18. As far as the municipal self-

competences are concerned, according to this law, municipalities, inter alia, have full and

exclusive competences even in: provision of family services and other social welfare

services19, as well as public housing20.

With regard to conflict of interest, the Law on Local Self-government has separate provisions

for cases of conflict of interest of the members of the Municipal Assembly21, Municipal

Mayor22, Department Directors23, as well as administrative servants24.

Special emphasis is placed on the analysis of the Law for Housing Financing Special

Programmes, because it regulates the matter of social housing through the programmes of

rent-housing and, in the context of legality, it regulates the matter of social housing through

the specific allocation of competencies between the central and local levels, especially those

that fall within the competencies of the municipalities but also those that fall within the

MESP, as listed below:

The Municipal Assembly reviews the right to benefit a housing bonus every year25, whereas the housing bonus according to this law is an amount of the subsidy that the budget of Kosovo institutions allocates to partially cover the payment of the rent. Competent Municipal Bodies, draft 3-year housing programmes for the population under their jurisdiction, based on the analysis of the housing needs, which are approved by the respective Municipal Assembly26 This law provides municipalities with the following responsibilities: Identification of housing needs, drafting of 3 year programmes, provision of construction zones, submission of requests for new investments and subsidies to the MESP, creation and administration of the base for the families that benefit from the housing programmes, ensuring of construction, maintenance of buildings, annual report to the ministry on the flow of the housing programmes (Article 25 stipulates in entirety these responsibilities). On the other hand, the MESP, based on the 3-year programmes of the municipality, drafts a 3 year housing strategy, plans the budget to support the implementation of annual housing programmes and establishes a database in a central level, with the data received from municipalities (Article 24, Paragraph 1). Article 23, Par.1 establishes the Central Housing Council as an advisory body within the MESP27. This council advises on: main directions for the development of the housing sector,

18 Law Nr. 03/ L – 040 on Local Self-government, Article 4, par. 2 19 Law Nr. 03/ L – 040 on Local Self-government, Article 17, Item k 20 Law Nr. 03/ L – 040 on Local Self-government, Article 17, Item l 21 Law Nr. 03/ L – 040 on Local Self-government, Article 38 22 Law Nr. 03/ L – 040 on Local Self-government, Article 59 23 Law Nr. 03/ L – 040 on Local Self-government, Article 63, 24 Law Nr. 03/ L – 040 on Local Self-government, Article 67 25 Law No. 03/ L- 164 on Housing Financing Specific Programmes, Article 18, Par. 2 26 Law No. 03/ L- 164 on Housing Financing Specific Programmes, Article 20, Par. 1 27 Law No. 03/ L- 164 on Housing Financing Specific Programmes, Article 23, Par 1. & Par 2

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general 3 year housing programmes prepared by the ministry and reviews them, as well as drafting of new legal provisions28 . The above-mentioned definitions cover the responsibilities between multiple institutions involved in the same process, (in this concrete case: the Ministry of Environment and Spatial Planning and the municipalities), as the first requirement of the principle of legality. On the other hand, the Constitution foresees that: “the Constitution is the highest judicial

act of the Republic of Kosovo, and the Laws and other judicial acts must be in compliance

with the Constitution29” and that “No one shall be discriminated against on grounds of race,

colour, gender, language, religion, political or other opinion, national or social origin,

relation to any community, property, economic and social condition, sexual orientation,

birth, disability or other personal status30”.

Pursuant to the Constitution, municipalities are authorized to dispute the constitutionality of the institutions’ laws or acts that affect municipal responsibilities or reduce municipal incomes.31 In addition to this right to contest laws and acts that impact them, municipalities are themselves obligated to respect the Constitution, the laws, and judicial verdicts, as specified under Article 124, paragraph 6. When we speak about local self-government and territorial organization, it is the Constitution under Article 124, paragraph 3 that determines that: “The activities of local self-government organs are based in this Constitution and in the laws of the Republic of Kosovo and they adhere to the European Charter for Local Self-government”. The Constitution also foresees that local self-governments are based on the principles of good governance, transparency, efficiency and effectiveness in offering public services, paying close attention to the specific needs and concerns of non-majority communities and of their members.32 - Law on Administrative Procedure33, which is implemented by all public administration bodies while exercising their functions through individual and collective, foresees the principle of legality in Article 3, Paragraph 1, which reads: “Public administration bodies shall exercise their administrative activity in compliance with the applicable legislation in Kosovo, within the scope of competences vested in them, and for the purposes that such competences were vested for.” The principle of legality includes equal treatment34, which is also foreseen in the Law for

Administrative Procedure. This article foresees that public administration bodies treat equally

28 Law No. 03/ L- 164 on Housing Financing Specific Programmes, Article 22, Par. 3 29 The Constitution of the Republic of Kosovo, Article 16, 30 The Constitution of the Republic of Kosovo, Article 24, Par. 2 31 The Constitution of the Republic of Kosovo, Article 114, Paragraph 4. http://www.kryeministri-ks.net/repository/docs/Kushtetuta.e.Republikes.se.Kosoves.pdf 32 The Constitution of the Republic of Kosovo, Article 123, Paragraph. 4 33 Law No. 02/L – 28 on the Administrative Procedure: https://gzk.rks-gov.net/ActDetail.aspx?ActID=2431 34 Law No. 02/L – 28 on the Administrative Procedure, Article 5, Par. 1 & Par 2

http://www.kryeministri-ks.net/repository/docs/Kushtetuta.e.Republikes.se.Kosoves.pdf

http://www.kryeministri-ks.net/repository/docs/Kushtetuta.e.Republikes.se.Kosoves.pdf


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all the issues under review and shall not differentiate the natural persons on the basis of

gender, race, colour, language, political opinion, national or social origin, or any other status.

The Law for Administrative Procedure also defines situations of conflicts of interest which

preclude civil servants of public administration organs from participating in the decision-

making administrative process35 .

While in the Law for Administrative Conflicts36, the principle of legality is foreseen in the

Article 4, where it is stated that for administrative conflicts, the competent court decides

based on the Constitution and based on the laws.

The Law on Civil Service of the Republic of Kosovo37 specifies that while exercising their

official duties, civil servants must adhere to the law, as required by the principle of legality:

“Civil Servants are required to exercise their duties in compliance with the Constitution,

applicable international legislation and applicable law.” Item 2 from the same Article,

forbids any direct or indirect discrimination.

- Law on Access to Public Documents,38 which applies to all documents that are maintained,

drafted, or received by public institutions, guarantees the right of every natural and legal

person to have access, without discrimination on any grounds, to documents as requested.

- Law on State Administration of the Republic of Kosovo,39 which regulates the scope of

central and local administration bodies, stipulates that central and local administration

exercises its function and conducts its tasks based on the Constitution, laws, and other

provisions and general acts.

Accessibility

The use of languages in communications throughout different municipalities, according to the

Law on Local Self-Government, is regulated within the Law on the Use of Languages.

According to the Law on the Use of Languages40 , the Albanian and Serbian languages as well

as their alphabets are official languages in Kosovo, while in municipalities inhabited by one

community whose mother tongue is not an official language and which composes at least 5%

of the total population of that municipality, the language of that community will have the

status of the official language in that municipality and will be used equally with the official

languages41.

35 Law No. 02/L – 28 on the Administrative Procedure, Article 29 36 Law Nr. 03/L – 202 for Administrative Conflicts : https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=2707 37 Law Nr. 03/ L -149 on Civil Service of the Republic of Kosovo, Article 5, Par.1, al. 1 https://gzk.rks-gov.net/ActDetail.aspx?ActID=2679 38 Law No. 03/L – 215 on Access to Public Documents, Article 1: https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=2724 39 Law No. 03/L – 189 on State Administration of the Republic of Kosovo, Article 3:

https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=2706 40 Law No. 02/L – 37 on the Use of Languages, Article 2, Par. 1 41 Law No. 02/L – 37 on the Use of Languages, Article 2, Par. 3

https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=2707




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Also according to this law, municipal institutions must apply the equality of the official

languages of that municipality and according to Article 7, paragraph 2, “Each person has the

right to communicate and to obtain feasible services and public documents from municipal

institutions and from officials in any official language. Each municipal representative and

executive representing organ has a responsibility to ensure that each person can

communicate and accept disposable public services and documents from each municipal

institution and organ, in any official language”

In the municipalities, residents belonging to communities whose language is an official

language, have the right to present all their requests and documents in writing or verbally

and to accept their answers in their mother tongue from institutions and from municipal

officials, if they wish so42.

Also according to this law, it is worth mentioning that, municipal institutions must ensure that

their work environment contributes to the effective use of the official languages and enables

the use of either official language by officials and their staff43.

In addition, the use of the language and of the alphabet by the non-majority communities in

their private and public interactions, are rights protected by the Constitution44, through

which the Constitution guarantees the use of their own languages with municipal authorities,

and that the translation costs will be covered by the competent authorities.

- In addition to the matter of the Use of Languages explained above, the matters of publicity

and accessibility are also important. With regards to these matters, the Law on

Administrative Procedure, which is implemented by all central and local administration

organs, emphasises that every natural and legal person, without the need to disclose any

specific interests, vis-à-vis public administration bodies, shall have the right to: obtain

information available to public administration bodies, in a timely manner, in the same

manner as any other person, and with convenient and effective means45.

What is also important is the handling of requests wrongfully submitted to a non-competent

organ. When a request is wrongfully submitted to a non-competent organ of the public

administration, that specific organ, during two working days, takes a decision through which

it proclaims its non-competence. If the intended organ is within the same ministry, agency,

institution or structure, that request is accompanied with a letter from the organ that

received the request wrongfully, and it is sent to the appropriate organ and the party who

wrongfully submitted the request will be notified46

During their daily work, civil servants must respond and react quickly to requests, initiatives,

and complaints submitted by individuals, private organisations or other public administration

organs47, and this is the obligation to respond to requests that civil servants must adhere to,

as per the Law on Civil Service.

42 Law No. 02/L – 37 on the Use of Languages, Article 8, Par. 1. 43 Law No. 02/L – 37 on the Use of Languages, Article 7, Par. 5 44 The Constitution of the Republic of Kosovo, Article 59, Par. 5 45 Law No. 02/L – 28 on the Administrative Procedure, Article 9, Par. 2 46 Law No. 02/L – 28 on the Administrative Procedure, Article 18, Par 1. & Par. 2 47 Law No. 03/L – 149 on Civil Service of the Republic of Kosovo, Article 5, paragraph 1, subparagraph 3.

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According to judicial rules, filing a law-suit is done after the use of the right to complain on

administrative procedure, and is always important to know who has the authority to start an

administrative conflict – which is determined by Article 10 of the Law on Administrative

Conflict, in points 1-5. Hence, physical persons, legal persons, the organ of the

administration, the people’s lawyer, organizations and the public prosecutor.

The Right to be heard

At the municipal level, giving space to residents to cooperate with institutional organs is

reflected more as a right to consultation. Such is the provision of the Law on Local Self-

Government where it is explicitly specified that each municipality must hold public meetings

periodically at least twice a year48. The participants of these meetings, aside from being

informed on the municipality’s activities from municipal representatives, they can also give

proposals.

Other forms/mechanisms that this law stipulates for residents’ participation are: the right to

petition49 , the initiative to propose regulations50 , referendum51 , initiative for dismissal of

the Mayor52 and consultative committees53 .

Additionally, according to the Constitution, municipalities must encourage and ensure active

participation of all residents in the municipal organs’ decision-making process54.

The right of participation in the Constitution, is the right of anyone to participate in public

events and the right of each resident to affect in a democratic manner the decisions of public

organs55.

In terms of hearing of parties before drawing a decision is the Law on Administrative

Procedure which has the disposition to determine that for making the final decision, the

competent organ must be acquainted with all the facts necessary56.

The burden for the evidence over the claims is with the interested parties to administrative

proceeding and also “The body conducting the investigation procedure may ask the

interested parties to submit information, documents or objects, which will be subject to

inspection as well as any other form of investigation in order to prove the claims.57

The party is notified in writing or verbally in cases when it is necessary to submit information

or evidence by the interested party58 and the parties may present the information and

evidence in writing or verbally at any time in the course of administrative proceeding59 .

48 Law Nr. 03/ L – 040 on Local Self-government, Article 68, Par. 1 & Par .2 49 Law Nr. 03/ L – 040 on Local Self-government, Article 69 50 Law Nr. 03/ L – 040 on Local Self-government, Article 70 51 Law Nr. 03/ L – 040 on Local Self-government, Article 71 52 Law Nr. 03/ L – 040 on Local Self-government, Article 72 53 Law Nr. 03/ L – 040 on Local Self-government, Article 73 54 The Constitution of the Republic of Kosovo, Article 124, Par. 1. 55 The Constitution of the Republic of Kosovo, Article 45, Par. 3 56 Law No. 02/L – 28 on the Administrative Procedure, Article 55, Par. 1 57 Law No. 02/L – 28 on the Administrative Procedure, Article 57, Par. 1 58 Law No. 02/L – 28 on the Administrative Procedure, Article 58, Par. 1 59 Law No. 02/L – 28 on the Administrative Procedure,, Article 58, Par. 2

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When the administrative body completes the investigation procedure, according to this law,

the interested parties are entitled to make declarations prior to reaching the final decision60.

On written declarations, when the organ conducting the investigative procedure decides to

require interested parties to give a declaration in writing, the parties are notified to present

their declaration in writing no later than 10 days from the day of reception of notice61 and

the notification must contain all the necessary information so that the interested parties

understand the reasons why they’re required to submit a declaration in writing62 . In their

response, the interested parties can express their opinions on the matter being investigated,

they can request for other measures to be taken, and they can also attach documents and

other evidences63.

When a declaration is given verbally, the organ conducting the investigative procedure

decides to require from interested parties to give a verbal declaration, sets an appointment

date with the interested party (ies) no later than 8 days from the notification date64 and in

the sessions where the parties will submit their verbal declarations, they can also discuss all

legal or factual matters, that are important to the decision-making process65 .

The Law on Administrative Conflict, also foresees the principle of listening to the party

before deciding on a matter, according to which: “Before issuance of a decision, the court

shall give opportunity to every party to declare, on all requests and pretensions of other

parties and on all facts and legal issues that are object of administrative conflict.” 66

The Right to Appeal

The Law on Local Self-government is very clear in its Article 85, where it defines residents’ claims, leaving no space for ambiguity or conflict between laws, because it expressively states that: “The complaints of residents against an administrative act of the municipal organs shall be reviewed in accordance with Law on Administrative Procedure”, just as in the beginning of this analysis it was highlighted that the Law on Administrative Procedure is applied by all administration organs (central and local), including the municipalities. The Law on Administrative Procedure with regard to this principle, initially clarifies that each

interested party is entitled to appeal against an administrative act67 and that the body to

which the claim should be filed to shall review the legality and regularity of the act68 . The

right of the natural and legal persons for administrative claims can be with regard to

revocation, annulment or change of administrative act69.

60 Law No. 02/L – 28 on the Administrative Procedure, Article 67, Par. 1 61 Law No. 02/L – 28 on the Administrative Procedure, Article 68, Par. 1 62 Law No. 02/L – 28 on the Administrative Procedure, Article 68, Par. 2 63 Law No. 02/L – 28 on the Administrative Procedure, Article 68, Par. 3 64 Law No. 02/L – 28 on the Administrative Procedure, Article 69, Par. 1 65 Law No. 02/L – 28 on the Administrative Procedure, Article 69, Par. 2 66 The Law No. 03/L – 202 on Administrative Conflicts, Article 5 67 Law No. 02/L – 28 on the Administrative Procedure, Article 127, Par. 2 68 Law No. 02/L – 28 on the Administrative Procedure, Article 127, Par. 3 69 Law No. 02/L – 28 on the Administrative Procedure, Article 124, Par. 1

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When the request for review of the act is filed, it is directed to the responsible clerk for the

act, whereas when an appeal is filed against an administrative act, the appeal is sent to the

superior body70.

Administrative appeal is done within 30 days from the day the appellant is notified on the act

and the act has been announced based on provisions of this law71 . Besides this, this law

stipulates the timeframe for a decision from the competent administrative body which

reviews the administrative appeal which brings a decision within 30 days from the date of

appeal submission72.

The Law on Financing Specific Housing Programmes in the other side is in harmony with that

of Administrative Procedure and in Article 14 of this law, which stipulates that the party is

entitled to file a claim in writing against a decision from the competent municipal body – to

the Ministry of Environment and Spatial Planning73. The Ministry shall review the claim and

notify the appellant in writing about the decision they have taken, and the decision shall be

taken no later than 30 days upon receipt of the claim74.

When the parties have the right to complain, after a decision has been made on their case,

they will be consulted from the competent organ with legal advice for judicial means at their

disposal, which organ they should refer to and the deadline for submitting a complaint/law-

suit – a practice which is applied by all institutions.

The Law on Administrative Procedure, determines the formal conditions for conducting the

complaint procedure, and stipulates only the written form of submitting a claim, whereas to

approach a court, the interested parties shall have exhausted administrative means of

appealing.

Same here, the Law on Financing Specific Housing Programmes is in harmony with the Law on

Administrative Procedure and in Article 14, Paragraph 3 stipulates that: if the party is not

satisfied with the decision of the Ministry, the party have the right to make legal action of

administrative context in the Supreme Court, not later than 30 upon receipt of the decision.

So, administrative conflict is commenced with a law-suit and the Law for Administrative

Conflicts in Article 26, Paragraph 2, foresees that through a lawsuit one may request the

annulment or the voidance of the contested act, the provision of the administrative act that

was not provided on time and the return of confiscated/seized assets or compensation for

damages caused.

The lawsuit is submitted to the court directly, or it is sent by mail, but can also be done on

record75 . It is very important to know that what a written declaration must contain, while

the contents of a lawsuit are determined by Article 30, paragraph 1, of the Law on

Administrative Conflict.

70 Law No. 02/L – 28 on the Administrative Procedure, Article 126, Par. 2 71 Law No. 02/L – 28 on the Administrative Procedure, Article 130. Par. 1 72 Law No. 02/L – 28 on the Administrative Procedure, Article 131, Par. 1 73 Law No. 03/ L- 164 on Housing Financing Specific Programmes, Article 14, Par. 1 74 Law No. 03/ L- 164 on Housing Financing Specific Programmes, Article 14, Par. 2 75 Law No. 03/L – 202 on Administrative Conflicts, Article 28, Par. 1

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Therefore, according to Article 30 of the Law on Administrative Conflict, in a lawsuit must be

included: the name of the court to which the lawsuit is presented to, name, last name,

address, the HQ of the plaintiff and of the defendant, the administrative act against which

the lawsuit has been filed, the reasons for the lawsuit, and to which extent and volume the

annulment of the administrative act is being proposed.

Already foreseen in a detailed manner in the Law on Administrative Procedure and in the Law

on Financing of Special Housing Programmes, the right to complain is guaranteed by the

Constitution, namely Article 32, which gives the right to each individual to use their legal

means against administrative and judicial rulings that violate their rights and interests, as per

the manner defined by law (meaning Law on Administrative Procedure and other specific laws

of specific fields).

Transparency

All the analyzed laws have initially set the principle of transparency in a general manner and

mainly through annual reporting by the bodies on their work.

The Law on Financing Specific Housing Programmes in terms of transparency has determined

the obligation to notify beneficiary families, after the competent organ has verified the

beneficiaries’ economic situation and verified the obligation of the competent municipal

organ to render a decision within 30 days76 – an essential obligation to benefit from the

housing programmes.

The Law on Civil Service, has set the transparency in Article 5, Paragraph 1, item 7,

underlining: “Civil Servants shall preserve the confidentiality of information at their

disposal, without prejudicing the obligations arising from the applicable legislation on access

to public documents. Processes in the Civil Service are open to the public.”

The Law on Personal Data Protection, stipulates publicizing of the work as an annual report77

i, which shall provide a clear overview of the development in the area of personal data

protection, and as publishing which underlines that any given advice with regard to data

processing, any decision of the court regarding Personal Data Protection, opinions,

clarifications, instructions, recommendations, public statements for undertaken inspections,

and any other important notification may be published78.

Law on Access to Public Documents proclaims transparency in Article 20, specifically

Paragraph 1 underlines that: “In order to provide entire transparency, the public institutions

in their work and regarding the access to public documents shall be obliged to be

responsible, efficient and shall report and inform the public opinion in a regular periodical

and annual basis.” While paragraph 3 of this same article stipulates: “Each public institution

shall publish an annual report for the preceding year, including the number of cases in which

the public authority has granted access, as the cases in 12 which the public authority has

refused to grant access to documents, as well the reasons for such refusals”.

76 Law No. 03/ L- 164 on Housing Financing Specific Programmes, Article 12, Par. 4 77 Law No. 03/L – 172 on Personal Data Protection, Article 44 78 Law No. 03/L – 172 on Personal Data Protection, Article 45, Par. 1

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Accountability

Law on Civil Service, in Article 63, Par.1 stipulates that: ” Civil Servants may be disciplinarily

held liable for the violation of duties which occurred as a result of their own fault.” and

Article 64 Par. 1 stipulates that they are also responsible for any violation of principles set by

the Law on Civil Service.

Civil servants are responsible for all the damages caused to residents or institutions in the

course of exercise of their work, as a result of their professional incompatibility, serious

negligence or intentional and unlawful acts79 .

The disciplinary measures in cases of violations are also stipulated80 and it is also specified

that these disciplinary measures are to be gradually implemented and in proportion with the

consequences and damages caused by the behaviour of the civil servant81.

Formal Mapping of the Secondary Legislation, Applying of Rule of Law Principles

The Ministry of Environment and Spatial Planning has issued the following Administrative

Instructions as bylaws for the implementation of the Law No.03/ L- 164:

1. Administrative Instruction No. 18/2010, on the Content of Contract for Non-profit

Housing Rent

2. Administrative Instruction No. 19/2010 on Housing Bonus Content

3. Administrative Instruction No. 21/2010 on Determining the Order of Precedence for

Categories of Families that Can Benefit from Special Housing Programmes

4. Administrative Instruction No. 22/2010 on Procedures of Benefiting from Special

Housing Programmes

5. Administrative Instruction No. 23/2010 on Procedures for the Announcement of Special

Housing Programmes

6. Administrative Instruction No. 24/2010 on Minimum Housing Standards on Apartments

of Special Housing Programmes

-AI No. 18/2010 on the Content of Contract for Non-profit Housing Rent82 outlines the

content and form of contract for the renting of property, types of non-profitable rent, rights

and obligations of landlord, leaser and leaseholder, receiving and delivering the property,

shared expenses, termination of contract and other contract related issues.

- AI No. 19/2010 on Housing Bonus Content83 establishes the content of bonus as well as the

criteria and procedures for providing housing bonus.

79 Law No. 03/L – 149 on Civil Service of the Republic of Kosovo, Article 65, Par. 1 & Par. 2 80 Law No. 03/L – 149 on Civil Service of the Republic of Kosovo, Article 67 81 Law No. 03/L – 149 on Civil Service of the Republic of Kosovo, Article 66 82 AI No. 18/2010 on the Content of Contract for Non-profit Housing Rent Available athttps://gzk.rks-gov.net/ActDetail.aspx?ActID=7907 (retrieved on 18/10/2015). 83 AI No. 19/2010 on Housing Bonus Content, Available at https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=7908 (retrieved on 18/10/2015).





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- AI No. 21/2010 Determining the Order of Precedence for Categories of Families that Can Benefit from Special Housing Programmes84 establishes the criteria for determining the order of priority for families benefiting from special housing programmes and details on how each of the criteria will be considered during the decision-making process. - AI No. 22/2010 on Procedures of Benefiting from Special Housing Programmes85 establishes

the procedures to be followed by the municipal authorities while considering the applications

for special housing programmes.

- AI No. 23/2010 on Procedures for the Announcement of Special Housing Programmes86

details the procedures that the applicants and the respective authorities need to follow when

applying for special housing, including the documentation that needs to be enclosed to the

application.

- AI No. 24/2010 on Minimum Housing Standards on Apartments of Special Housing Programmes87 sets the standards that the buildings and the apartments designated for special housing programmes should meet. These Instructions have been analyzed from the aspect of implementation of the six principles

of legality, on the definitions in these instructions that regulate specific requirements that

these principles impose.

Legality:

Seen from the perspective of setting the competencies of the multiple institutions involved in

and competent in the regulation of this issue, Administrative Instruction No.18/2010, sets the

obligation for the Municipal Assembly to annually re-evaluate the economic condition of the

families for the purposes of renewing or terminating the contract, upon approval of the

amount for subsidizing annual rent88.

The Administrative Instruction No. 19/2010 recognizes the competences of the Municipal

Assembly for making decisions on the issue of the housing bonus for the cases that have filed

their requests to the competent municipal bodies89 .

The definition of Article 3 of the Administrative Instruction No. 22/2010, stipulates what the

term “Municipal Competent Body” means, and it includes: Directorate, sector, officer that

covers the area of housing and the body that reviews administrative offences. It is the same

instruction that gives competency to the Mayor, through a decision, to set the composition

84 AI No. 21/2010 Determining the Order of Precedence for Categories of Families that Can Benefit from Special Housing Programmes, Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7947 (retrieved on 18/10/2015). 85 AI No. 22/2010 on Procedures of Benefiting from Special Housing Programmes, Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7948 (retrieved on 18/10/2015). 86 AI No. 23/2010 on Procedures for the Announcement of Special Housing Programmes, Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7949 (retrieved on 18/10/2015). 87 AI No. 24/2010 on Minimum Housing Standards on Apartments of Special Housing Programmes, Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7950 (retrieved on 18/10/2015). 88 AI No. 19/2010 on Housing Bonus Content, Article 12. Available at https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=7908 (retrieved on 18/10/2015). 89 AI No. 19/2010 on Housing Bonus Content, Article 4, Par 1. Available at https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=7908 (retrieved on 18/10/2015)










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and the head of the Committee for evaluation and selection of families that apply for benefits

from the Housing Specific Programmes90 . This Committee shall have this composition of 3-5

members and shall carry out the evaluation of the status of families.

The Right to Appeal

Instruction No. 22/2010 specifies that the unsatisfied party can submit a written appeal to the Ministry against the decisions of the Commission within 30 days91.

In this instruction it is also stipulated the timeframe of 30 days, as a deadline for reviewing of

the appeal and decision making for the appeal submitted. The appellant is then notified on

the decision (Article 6, Par. 1.).

Whereas in cases when the party is not satisfied with the Ministry’s decision on the appeal,

Instruction No. 22/10 recognizes the right to challenge the decision with the competent court

within 30 days92.

All the aforementioned provisions are in harmony with the rights to complain, as foreseen by

the Law on Financing of Special Housing Programmes, which were elaborated in the previous

chapter, because it is mandatory that all secondary legal acts are in harmony with the

primary laws and the Constitution, and with the Administrative Instructions, which are

produced for the concrete implementation of the law – in this case all Administrative

Instructions have been taken out of the competent Ministry for implementation of the Law on

Financing of Specific Housing Programmes and are in harmony with this law.

There is also a general definition on the right of appeal, where Instruction No 23/2010

stipulates that in case there is public announcement made for specific housing programmes,

apart from other elements, the public announcement will also include the right of appeal93.

90 AI No. 22/2010 on Procedures of Benefiting from Special Housing Programmes, Article 5, Par 1. Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7948 (retrieved on 18/10/2015). 91 AI No. 22/2010 on Procedures of Benefiting from Special Housing Programmes, Article 5, Par. 7. Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7948 (retrieved on 18/10/2015). 92 AI No. 22/2010 on Procedures of Benefiting from Special Housing Programmes, Article 6, Par. 2. Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7948 (retrieved on 18/10/2015). 93 AI No. 23/2010 on Procedures for the Announcement of Special Housing Programmes, Article 4, Par. 1, Items 1-9. Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7949 (retrieved on 18/10/2015).





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Transparency

In line with some of the requirements that the principle of transparency has is also the

protection of privacy and documentation.

The Administrative Instruction No.22/2010, stipulates the obligation that the bodies which

implement the Law on Financing Specific Programmes have during the process of reception

and assessment of documentation and requirements, to protect personal data of the parties,

in accordance with the legislation in force94 .

Personal data can be made available to competent bodies solely for the purposes of

investigation in accordance with the legislation in force95 .

With regard to the issue of the storing the documentation, the municipality is obliged to

archive and store the whole administered documentation in accordance with the law on

archives96 .

94 AI No. 22/2010 on Procedures of Benefiting from Special Housing Programmes, Article 7, Par. 1. Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7948 (retrieved on 18/10/2015). 95 AI No. 22/2010 on Procedures of Benefiting from Special Housing Programmes, Article 7, Par. 2. Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7948 (retrieved on 18/10/2015). 96 AI No. 22/2010 on Procedures of Benefiting from Special Housing Programmes, Article 8. Available at https://gzk.rks-gov.net/ActDetail.aspx?ActID=7948 (retrieved on 18/10/2015).


