Kosovo

The Assembly of the Republic of Kosovo is the highest institution that exercises legislative functions. The Assembly has 120 members of parliament (MPs) elected for a four-year term by secret ballot. The current political makeup of the Assembly reflects the outcome of the 2021 parliamentary elections. The Self-Determination Movement holds 56 seats, followed by the Democratic Party of Kosovo with 18 seats, the Democratic League of Kosovo with 16 seats, the Serbian List with nine seats, the Alliance for the Future of Kosovo with eight seats, and the Turkish Democratic Party of Kosovo with two seats. Additionally, the Unique Gorani Party, the Vakat Coalition, the Ashkali Party for Integration, the Civic Initiative for Freedom, Justice and Survival, the Social Democratic Union, the Progressive Movement of the Roma of Kosovo, the Roma Initiative, the New Initiative Democratic Party of Kosovo and the New Democratic Party each have one seat. Furthermore, there are two independent MPs who have separated from the parliamentary group of the Self-Determination Movement.

At the beginning of the legislature’s mandate, and in agreement with the parliamentary groups, the Presidency proposes the number and structure of the parliamentary committees.^[1] The Presidency of the Assembly asks each parliamentary group represented in the Assembly to propose the chairpersons, deputy chairpersons and members of the commissions.^[2]

Despite its progress in some areas, the Assembly of Kosovo has faced successive political crises that have degraded its reputation and undermined public trust in this institution in recent years. These challenges have affected the Assembly’s normal functioning and prevented it from fulfilling its constitutional mandate. Externally, the extreme polarisation of the political scene has been reflected in a harsher discourse among MPs and the use of unparliamentary language. Internally, the situation has been worsened by poor management of the Assembly, the use of non-parliamentary practices and non-compliance with the Rules of Procedure.

The biggest challenge for the Assembly is the lack of oversight of the executive and independent agencies established by the Assembly. The Assembly is also dependent on the government for the legislative agenda, as the government sponsors the vast majority of draft laws.

From the perspective of transparency, the Assembly has made significant progress, becoming one of the most transparent institutions in Kosovo. However, the exception is the publication of votes in plenary sessions. Outdated equipment and the failure of the tender to upgrade this equipment have resulted in the Assembly not using electronic voting for two years, thus rendering access to voting data impossible.

The Assembly continues to have a significant lack of infrastructure, especially suitable spaces and offices for all MPs and a lack of human resources to carry out its work. The budget ceiling of the Assembly is determined by the government, namely the Ministry of Finance.

In practical terms, the Assembly has no internal integrity mechanisms and suffers from a marked lack of accountability toward voters. It relies on external mechanisms, such as the courts and the Agency for the Prevention of Corruption, to keep MPs under control regarding asset declarations.

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_{[1] Rules of Procedure of the Assembly of Kosovo, Article 19, paragraph 2.1.}

_{[2] Rules of Procedure of the Assembly of Kosovo, articles 11 and 12.}

The executive power in Kosovo is independent and is exercised by the government of the Republic of Kosovo. The government operates on the basis of the Constitution, the Law on Government and the Rules and Procedures of the Government. The President of Kosovo has passive executive competencies related to the appointment of ambassadors and the appointment of the head of the Kosovar Intelligence Agency, exercised in coordination and consultation with the Prime Minister of the Kosovo government.^[1]

The government cabinet consists of the Prime Minister, three deputy prime ministers and 15 ministers. Seven of the 15 ministries in government are headed by women. The government is the authority that leads and manages the public and state administration.^[2] Since 2022, the government has been led by the Self-Determination Movement and Lista Guxo party/parties under deputy prime ministers Donika Gërvalla, Besnik Bislimi and Emilja Redzepi and Prime Minister Albin Kurti.^[3]

The government is stable, has functional sustainability, and its independence is not endangered by external interventions.

There has been a slight improvement in government transparency, namely the Prime Minister’s Office.^[4] The Law on Government, adopted in 2022, promotes the transparency and accountability of government.^[5] However, the Rules and Procedure of the Government still consider the minutes of the government to be confidential.^[6]

Although it has announced it to be a priority, the government has not engaged in consensus and dialogue with other institutional actors in the fight against corruption, especially with the opposition parties and the Judicial and Prosecutorial Councils of Kosovo.

Furthermore, although a number of laws have been adopted in 2022 that affect the fight against corruption, it remains to be seen how effective they are in practice.^[7] Despite the many proposed laws, the government itself lacks a legal regulation to govern the integrity of its own members and the Prime Minister’s cabinet.^[8] There is no Code of Ethics and Conduct for these officials. Additionally, the existing regulations are outdated and in need of revision.

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_{[1] Law No.08/L-117 on the Government of the Republic of Kosovo, published in the Official Gazette (Pristina: November 2022).}

_{Constitution of Kosovo, Article 84 (Pristina: June 2008).}

_{According to the Constitution of Kosovo, Article 4: The President of the Republic of Kosovo represents the unity of the people. The President of the Republic of Kosovo is the legitimate representative of the country, internally and externally, and is the guarantor of the democratic functioning of the institutions of the Republic of Kosovo, as provided in this Constitution. He has passive executive competencies in some cases related to the appointment of ambassadors and the appointment of the head of Kosovar intelligence, but all these are exercised in coordination and consultation with the Prime Minister of the Kosovo government. For more, see Articles 84, 85, and 86 in the Constitution of Kosovo. (15 June 2008).}

_{[2] Law on Government of the Republic of Kosovo, Article 2.}

_{[3] See, Assembly of Kosovo, the decision for the election of the government, 22 March 2022. https://www.kuvendikosoves.org/Uploads/Data/Session-Files/2021_03_25_VendimperzgjedhjeneQeveriseseKosoves22.03.2021_rYexDNvAC6.pdf}

_{[4] For more, see the article in the Blic Newspaper, https://gazetablic.com/kurti-kosova-shenon-progres-ne-qeverisje-digjitale/}

_{[5] According to the Law on Government, Article 17: The government informs the public about its work, providing a coherent and coordinated system to communicate with the public about its policies and activities. The Deputy Prime Ministers and Ministers of the Government or their spokesperson shall ensure that the media are regularly informed about their activities. Government documents are public, with the exception of documents that are classified according to the relevant Law on information classification.}

_{[6] See Regulation no. 09/2011 of rules and procedures of the Government of the Republic of Kosovo, Article 23 (12 December 2011).}

_{[7] Bureau for the Verification and Confiscation of Unjustifiable Assets published on the Assembly of Kosovo website: https://kuvendikosoves.org/shq/projektlig- jet-dhe-ligjet/}

_{[8] Interview with Visar Rushiti, policy analyst at the Democracy Plus organisation, November 2022.}

Kosovo’s court system comprises the Basic Courts, the Court of Appeal, and the Supreme Court. Basic courts are the courts of first instance in the seven largest municipalities – Pristina, Gjilan, Prizren, Gjakova, Peja, Ferizaj and Mitrovica.

The Court of Appeal is the second instance court in Pristina, responsible for reviewing appeals made against the decisions of the Basic Courts and determining jurisdictional conflicts. The Supreme Court is the highest court, responsible for adjudicating cases related to requests for extraordinary legal remedies against final decisions made by the Kosovo courts. A Commercial Court has also been established to judge cases of economic disputes. The Constitutional Court of Kosovo also rules on the constitutional compliance of laws, decisions, and legal acts.

The Kosovo Judicial Council (KJC) is the constitutional and competent authority for the appointment, recruitment and reappointment of judges. The Council manages the functioning of the judicial system as a whole and supervises the work of courts and judges.

Comprehensive laws exist to ensure adequate judicial budgets and judge salaries. However, there is no legal obligation for a minimum budget or inflation adjustment for the judiciary. The judiciary’s budget has increased compared to previous years, but the government has not fully approved its budget requirements, leading to a lack of technical and human resources. Furthermore, the government tried to reduce the salaries of judges, violating the judiciary’s constitutional independence. Nonetheless, the Council has continued recruiting new judges and professional associates.

Laws generally ensure reporting by judges, but they lack defined sanctions for not providing legal rationale and offer no protection for complainants. Amendments to improve this law are underway. In practice, sanctions are rarely applied, the KJC is reactive rather than proactive, and there has yet to be a case of a judge's dismissal for poor performance. There is a comprehensive Code of Ethics for judges, but it lacks provisions on refunds or compensation related to privately sponsored trips.

There are no clear guidelines or dedicated personnel for addressing gender sensitivity within the judicial system. Gender issues are not integrated into any internal bylaws or job descriptions.

While the Basic Court in Pristina is efficient in resolving cases, it does not necessarily make effective decisions that uphold legality. This is evident in the frequent overturning and reinstatement of cases by higher courts. Despite the judiciary’s claim to being committed to fighting corruption, the actual outcomes are not particularly encouraging. The punishments are often lenient, and not many high-profile cases see a satisfactory resolution. Due to its inability to handle corruption cases involving high-level politicians, the judiciary is perceived to be politically influenced. There is a lack of comprehensive and detailed data, particularly related to corruption and mutual legal assistance.

The vetting process with constitutional changes for the heads of the judicial and prosecutorial system began in 2021.^[1] The government and the Assembly have prepared the constitutional amendments, which have been sent to the Constitutional Court for interpretation as to whether these amendments reduce or violate the human rights guaranteed by Chapter 2 of the Constitution.^[2]

Also awaiting completion is the finalisation of the amendment to the law on the disciplinary responsibility of judges and prosecutors, as well as the creation of the Administrative Court and the Labour Court with special laws.^[3]

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_{[1] On 13 October 2021, the government of Kosovo approved the concept document for vetting in the area of justice, which is intended to strengthen the rule of law. In the drafted concept document, the working group established by the Ministry of Justice has suggested “the vetting of constitutional changes by an ad-hoc body and the same body then continues the ongoing assessment within the framework of the Kosovo Judicial Council and the Kosovo Prosecutorial Council”. For more, see the link: https://www.evropaelire.org/a/ndryshime-kushtetuese-procesi-i-vettingut-/31527212.html}

_{[2] See Koha.net portal, March 2023, https://www.koha.net/arberi/konjufca-i-dergon-ne-gjykaten-kushtetuese-amendamentet-kushtetuese-per-vettingun-ne-drejtesi}

_{[3] See the Ministry of Justice, April 2023, https://md.rks-gov.net/}

The Public Prosecutor pillar in Kosovo consists of the State Prosecutor as an independent prosecution institution and the Kosovo Prosecutorial Council (KPC) as an administrative oversight body. The Chief State Prosecutor is the head of the State Prosecutor. It consists of seven Basic Prosecution Offices (in Pristina, Ferizaj, Gjakova, Gjilan, Mitrovica, Peja and Prizren), the Special Prosecution Office (exclusively responsible for high-profile corruption, organised crime and money laundering cases),^[1] the Appellate Prosecution Office, responsible for all appeals for matters decided by the basic courts, and the Chief State Prosecution Office.^[2] The following analysis will mainly focus on the Chief State Prosecution Office and the KPC.

The role of the State Prosecutor’s Office in fighting corruption remains insufficient. Despite the high salaries of prosecutors, this has not been translated into progress in the fight against corruption since professional indictments have not been drawn up and supported by strong evidence to find the suspects guilty. During the last few years, there has been a slight increase in the number of indictments filed for corruption. However, during the year 2022, the State Prosecutor suffered a regression in the resolution of corruption cases. During 2022, the State Prosecutor has also not managed to solve as many cases as he has accepted. Accordingly, during this period of time, the State Prosecutor has resolved the cases of 826 persons while receiving cases for 1,140 persons. Thus, at the end of 2022, the number of unresolved corruption cases has risen to a total of 314 cases.^[3]

Poor performance in the fight against corruption is also related to interference by the executive in the constitutional and financial independence of the State Prosecutor’s Office, such as not approving its full budget request and aiming to significantly reduce the salaries of prosecutors with a new salary law.

While there is some transparency effort through the publication of annual and daily reports, the KPC website often faces functional issues and lacks comprehensive reports and statistics. The policy of requiring prosecution spokespersons to seek KPC approval before sharing information has drawn criticism from media and civil society because it often leads to lengthy or unanswered requests.

The KPC lacks sufficient financial resources, staff and professional collaborators for state prosecutors. The 2023 KPC’s budget is the highest it has ever had, enabling new recruitments of prosecutors and professional associates to fill current human resource gaps for effective operation. However, the KPC points out that it is not a sufficient budget to realise all their goals and demands.^[4] Some prosecutors also lack capacities and have insufficient expertise to investigate and fight organised crime and corruption. With the new legislative amendments taking place in 2023, the KPC’s composition, function and mandate are expected to be changed.

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_{[1] It is also exclusively responsible for the most complicated and high-risk cases related to terrorism, genocide and war crimes.}

_{[2] Law No.03/L –225 On State Prosecutor, Article 21.1.1, https://gzk.rks-gov.net/ActDetail.aspx?ActID=2710}

_{[3] See “Betimi për Drejtësi”, 15 prill 2023, https://kli-ks.org/ikd-rritet-numri-i-rasteve-te-pazgjidhura-te-korrupsionit-gjykatat-dhe-prokurorite-u-treguan- joefikase-ne-vitin-2022/}

_{[4] Interview with the Chairman of the Prosecution Council of Kosovo, Jetish Maloku, July 2022.}

The public sector is one of the most complex in the country, with approximately 90,000 employees at the national level and in municipalities. The sector has been the subject of significant changes in 2022. Public administration in Kosovo is organised into several categories of civil service. These categories are divided between central and local authorities. The Office of the Prime Minister and the ministries are the most senior offices of the public administration. Central authorities are dependent on the civil service to perform non-ministerial and other administrative duties. The local civil service is part of the municipal authority. The legislation also recognises independent bodies of the public administration as legal entities established to carry out administrative activities that require a high degree of independence in the public interest.

Several institutions, such as the Auditor General, the Independent Oversight Board, and the Ombudsperson Institution, are responsible for overseeing the operation of various aspects of the public sector. The Public Enterprises (PE) Monitoring and Policy Unit is responsible for monitoring state-owned enterprises (SOEs), but it has limited resources and authority in decision-making regarding strategic assets. The unit lacks transparency, with infrequent performance reports, and operates without a leader.

The public sector grapples with human resource gaps, particularly due to non-competitive salaries and labour strikes. While Kosovo has comprehensive laws to ensure public sector independence, there are concerns about political influence, especially in senior civil servant appointments. The Independent Oversight Board plays a role in safeguarding employees’ rights but has faced operational challenges. Accountability in the public sector is considered unsatisfactory, with an increase in reported abuses and a lack of effective sanctions for corruption. Corruption remains prevalent and enforcement is often lacking, contributing to the perception of impunity among politicians and civil servants. Ethical behaviour is not effectively regulated and integrity training is insufficient.

Kosovo has strong legal provisions for transparency, allowing the public access to information on public sector activities. Notably, there have been improvements in the availability of public procurement data via an e-procurement platform and transparency in job vacancy announcements. Public procurement, especially in the health sector, is reported to be corrupt, leading to inefficiency and waste. The Regulatory Commission of Public Procurement faces challenges in monitoring procurement activities, including a shortage of staff, and some senior officials involved in corruption continue to act with impunity.

The Kosovo Police (KP) is a constitutional institution responsible for maintaining public order and security throughout the territory of the Republic of Kosovo. It functions within the scope of the Ministry of Internal Affairs. The KP is led by the General Director, whom the Prime Minister appoints on the Minister of Internal Affairs’ recommendation.^[1] The General Director reports and answers directly to the Minister.^[2] The KP has five main departments: operations, investigations, border, human resources, and support services.

The police are organised at the central and local levels. The General Directorate of the Kosovo Police is the central level responsible for the entire Republic of Kosovo. Meanwhile, the local level consists of eight regional directorates, including police stations and sub-stations, which are responsible for the local police in each municipality.^[3]

The Kosovo Police Inspectorate is an institution that inspects the structures and functions of the Kosovo Police to ensure accountability, effectiveness and efficiency in the applicability of laws, bylaws and the standard operating procedures in force.^[4]

The KP is partially independent, as it manages its own operations, but organisational matters, such as appointments and budget allocation, are influenced by the executive, including the election of the Police General Director. Kosovo police officers face low salaries. Integrity tests for the police are also missing. The Police Code of Ethics is not comprehensive because it does not provide ethical standards for senior police officers.

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_{[1] Constitution of Kosovo, Article 128.}

_{[2] Law on the Police, Article 5.}

_{[3] Law on the Police, Article 34.}

_{[4] Law on the Police Inspectorate of Kosovo, Article 2.}

This pillar analyses the Central Election Commission (CEC), including the CEC Secretariat and the Office for Registration, Certification and Financial Control of Political Entities (the Office).

The CEC is responsible for the organisation and implementation of elections,^[1] assisted by the CEC Secretariat.^[2] The Office is responsible for updating and maintaining the register of political parties, certification of political entities and their candidates, limiting expenses during the campaign, and monitoring and controlling the finances of political entities.^[3]

The Central Election Commission has made limited progress since the National Integrity System (NIS) evaluations in 2011 and 2015. The CEC has continued to improve the level of transparency in its work and decision-making. The CEC is positively assessed for its regular organisation and administration of elections, especially within short timeframes. Holding elections under the full and practical jurisdiction of the CEC in the four northern municipalities of the country without the support of the OSCE is another positive development for election management bodies. Nevertheless, the electoral processes are still characterised by recurring problems, such as the high rate of assisted voting, difficulties in finding a name on the voter list, invalid ballots, issues relating to the counting process and those regarding out-of-country voting.

After over a decade, the Assembly has concluded the electoral reform process by adopting a new law on elections, which, apart from technical improvements, has undermined the electoral integrity regarding candidates’ legal eligibility by allowing the candidacy of all individuals, except for ones who are sentenced with one or more years of effective imprisonment. There is also a rising politicisation of CEC members and staff, which negatively affects the independence of the CEC and leads to a gap in the functioning of accountability and integrity mechanisms.

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_{[1] Law No. 08/L-228 On General Elections in the Republic of Kosovo, Article 3, paragraph 1.12. Accessible at: https://gzk.rks-gov.net/ActDetail.aspx?ActID=77074}

_{[2] Law on General Elections in the Republic of Kosovo, Article 65.}

_{[3] Law on General Elections in the Republic of Kosovo, Article 12.}

The Ombudsperson Institution of Kosovo (OIK) is an independent institution responsible for protecting the rights and freedoms of individuals from illegal actions or inactions of public authorities. Included within the organisational structure of the Ombudsperson Institution is the Ombudsperson, the five deputies of the Ombudsperson – of which at least one must be from among the non-majority communities in Kosovo^[1] – as well as the institution’s civilian staff.^[2] OIK personnel include the office of the Ombudsperson, the General Secretary, the directors of the departments and the heads of the offices.

The authority and powers of the Ombudsperson extend to the entire territory of Kosovo.^[3] The headquarters of the Ombudsperson is in Pristina, while its services are also offered through regional offices, which are located in Ferizaj, Graçanica, Gjakova, Gjilan, South Mitrovica, North Mitrovica, Peja and Prizren.^[4]

The Ombudsperson institution is considered to have sufficient financial and human resources. However, there is a need for more specialised staff to handle specific human rights issues effectively.

The Ombudsperson is active in handling complaints, but the non-implementation of its recommendations by responsible institutions remains a challenge. Although there are no specific policies and protocols adopted for the Ombudsperson’s complaints mechanism, the Ombudsperson Institution considers gender sensitivity and has special procedures for handling gender discrimination cases. Efforts to increase awareness of ethical standards and human rights issues are limited, reactive, and considered ineffective.

The ombudsperson is quite transparent and accountable and submits its annual and financial reports to the Assembly on time. Overall, the Ombudsperson institution is seen as one of the most trusted institutions in Kosovo. However, the Assembly’s handling of Ombudsperson reports is often delayed. There are comprehensive provisions to ensure the integrity of the Ombudsperson institution, including codes of ethics and declarations of assets, but the implementation of codes of conduct and regulations on integrity are considered reactive, and there is a lack of proactive investigation and disciplinary procedures for potential violations.

The Ombudsperson institution has guaranteed independence from other institutions by the Constitution and law. However, the process of electing the Ombudsperson led to delays in appointing the Ombudsperson, using it as political leverage.

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_{[1] Constitution of Kosovo, Article 133, paragraph 2.}

_{[2] Law on Ombudsperson, Article 5.}

_{[3] Law on Ombudsperson, Article 16, paragraph 2}

_{[4] Regulation No. 03/2022 on the Internal Organisation and Systematisation of Job Positions in the Ombudsperson Institution, Article 5, paragraph 1, as well as Article 10, paragraph 1, point 7.}

The National Audit Office (NAO) is a permanent and independent constitutional body which is vested with powers to audit the economic activities of public institutions, public enterprises and other legal entities in which the state has a share.

The auditor controls the use and protection of public funds by central and local government bodies. The activities of the Auditor General are supported by a Deputy Auditor, a Director General, six Assistant Auditors and the Director for Public Communications.^[1] The National Audit Office has five organisational units, such as audit departments, support departments, divisions, units and internal audit. Furthermore, there are 15 audit departments in total, while there are also five supporting departments.

The NAO is a well-established institution which is perceived to be one of the institutions with the highest integrity and reliability in Kosovo.^[2] In addition to developing internal mechanisms to uphold professionalism and workplace ethics,^[3] this institution also established a special unit for coordination and cooperation with the prosecution in 2018.^[4] However, the assessment raises concerns about the lack of a legal framework and mechanisms that provide the audited institutions with means of appealing the Auditor’s findings or taking corrective action measures or sanctions based on the Auditor’s findings.

The reports of the National Audit Office find a wide application in the chain of accountability of the Assembly of Kosovo and the Prosecutor’s Office, but also in civil society, the media and international monitoring bodies. Although the Auditor General is appointed by the Assembly and, according to the legislation, is considered to be an independent body, the assessment raises concerns that the Auditor General could expose the institution to more political interference due to a lack of legal dispositions pertaining to the process of selecting the candidate for the Auditor General.

Additionally, the assessment of the National Audit Office's reports found no evidence of any institutional analysis of the root cause of the systematic findings, which would, in return, assist the government and the Assembly in initiating improvements in processes and practices in the management of public finances.

Although the law on Access to Public Documents provides a deadline for publishing all public documents, the law on the National Auditor’s Office does not define by what date the NAO’s annual performance report including the audited financial statements, internal guidelines and regulations and other information regarding the Office administration, its activities and accountability must be published on the website.

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_{[1] Law on the Auditor General and the National Audit Office of the Republic of Kosovo (05/L-055), https://gzk.rks-gov.net/ActDetail.aspx?ActID=12517}

_{[2] Balkan Barometer 2022, Regional Cooperation Council, July 2022: https://www.rcc.int/download/docs/Balkan%20Barometer%202022%20-%20PO.pdf/21e2192c1d34cc6194ecb029d7b5997f.pdf}

_{[3] In Kosovo, but also internationally, the National Audit Office has created a good reputation for professionalism. This is a legacy worth respecting and continuing.” Declaration by Tomáš Szunyog, Head of the European Union Office in Kosovo and EU Special Representative, 18 October 2021: https://zka-rks.org/News/NewsArticle/567}

_{[4] Kosovo—Transparent, Effective, and Accountable Municipalities (USAID TEAM), project summary: https://www.dai.com/our-work/projects/kosovo-transparent-effective-and-accountable-municipalities-team}

The Agency for the Prevention of Corruption is an independent and specialised body for the implementation of state policies to prevent corruption in Kosovo. Since its establishment, the Agency has played an important role in preventing corruption in Kosovo. The organisational structure of the Agency is determined by the regulation on the internal organisation, which the Director of the Agency approves.^[1] According to this regulation, the organisational structure of the Agency consists of the Director’s Office, four departments (the Department for Evaluation, Monitoring and Analysis; Department for the Prevention of Conflict of Interest; Department for the Control of Wealth and Gifts; and Department for Administration and General Services), divisions, then the office for professional support and cooperation, and the office for public relations.^[2] The Director of the Agency is elected by the Assembly of Kosovo in a public competition, announced and led by the Parliamentary Committee on Legislation. However, the election only requires a simple majority.

The Assembly of Kosovo approved a new law for the Agency in July 2022, stripping the Agency of its powers regarding criminal investigations in the fight against corruption. The Agency now only has jurisdiction to carry out preventive activities and administrative investigations regarding the declaration of assets and conflict of interest. Additionally, while under the previous law, the Agency was responsible for the drafting of the national strategy against corruption and the drafting of integrity plans, now this responsibility has passed to the government, and the Agency will play a supervisory role and monitor the implementation of these plans.^[3]

The Agency’s budget is sufficient to carry out its activities; however, the additional competencies introduced by the new law have created the need for additional budget and an increase in professional staff. In terms of transparency, the Agency has made continuous progress by accepting requests and providing information related to investigations and reports about officials concerning problems with asset declarations. The Agency has a code of ethics for its employees; however, it does not apply to the Director of the Agency. The Agency provides relevant information on its operations, and while no recorded violations of the Code of Ethics have been reported, training on integrity is limited. There is also no specific protocol or clear guidelines for gender sensitivity, and the law lacks provisions defining gender-sensitive mechanisms.

While the Agency is generally active and successful in preventive anti-corruption activities, the new law has reduced its functions related to corruption prevention. The Agency engages in legislative drafting and risk assessments, promoting cooperation with state institutions and civil society. However, it lacks a dedicated research unit and remains part of the inactive National Anti-Corruption Council. Although responsible for awareness campaigns, its efforts are limited and focused on specific aspects, with almost non-existent campaigns in recent times.

It is active and somewhat successful in investigating cases of suspected corruption, focusing on administrative investigations. The Agency cooperates with other law enforcement institutions such as the Kosovo Police, the Prosecutor’s Office and the Court on a stable and almost daily basis. According to the new law, the State Prosecutor’s Office has to report to the Agency any results it has achieved concerning cases and criminal reports sent by the Agency.

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_{[1] Law No, 08/L-017 on Agency for the Prevention of Corruption, Article 4 point 2. (July, 2022).}

_{[2] Regulation no. 01/2019 on amending and supplementing regulation no. 01/2013 on internal organisation and systematisation of job positions in the anti-corruption agency, Article 4. (May 2019).}

_{[3] Law no. 08/L-017 on the Agency for Prevention of Corruption, (July 2022); FOL Movement (2023), The Capacities of the Agency for the Prevention of Corruption in the Fulfillment of Legal Obligations, https://levizjafol.org/wp-content/uploads/2023/08/Agency-for-the-Prevention-of-Corruption-ENG-1.pdf}

Currently, 50 political parties are registered in the CEC, 25 representing the Albanian community and 25 representing non-majority communities.^[1] Based on the mandates won in the last parliamentary elections of 2021, 14 political entities are represented in the Assembly. The Office for Registration, Certification and Financial Control of Political Entities (“the Office”), which functions within the CEC, is responsible for the registration and certification of political parties, maintaining the party register, setting campaign spending limits and implementing financial reporting provisions.^[2]

This report focuses on assessing the key entities that hold significant political influence within Kosovo’s political landscape, including the Self-Determination Movement (LVV) – as the ruling party – and the Democratic Party of Kosovo (PDK), the Democratic League of Kosovo (LDK) and the Alliance for the Future of Kosovo (AAK), all of which play critical roles as the main opposition parties shaping the political dynamics in Kosovo over the years. Additionally, the assessment includes the Serbian List (SL), the principal party representing the Serbian community in Kosovo’s institutions. Although in practice, these political parties lack distinct ideological profiles, LVV is categorised as a centre-left party. On the other hand, the three opposition parties, namely PDK, LDK and AAK, are defined as centre-right parties.

Kosovo’s regulatory framework is conducive to the formation, registration and functioning of political parties. However, the political party system still falls short of strong plural contestation in democratic elections free from external interference, translating the widest plurality of interests in society into nationwide policies and adequate transparency and compliance with financial obligations.

Kosovo does not have a unified law on political parties. The functioning of political parties is regulated only by the Regulation for the registration and operation of political parties, which the CEC approves. However, numerous laws regulate political financing in Kosovo, including the Law on Financing of Political Entities, the Law on General Elections, the Law on Local Elections, and the Law on the Budget of Kosovo.

Kosovo was characterised by a lack of transparency and financial accountability regarding financing political entities due to incomplete and improperly overseen financial reports. In this regard, progress has been made with the adoption of amendments to the law on financing political entities in August 2022. However, there are still gaps, especially concerning candidates’ finances and digital campaigns.

In a structural and organisational sense, political parties are similar. Most political parties are essentially “leaderist”. In this viewpoint, for personal and political interests, they continue to exert influence on public institutions and damage their independence. That is why political parties are considered the country’s least-trusted institutions.^[3]

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_{[1] For more, see the CEC’s Political Parties Register, last updated on January 18, 2023. Available at: https://kqz-ks.org/wp-content/uploads/2023/01/Regjistri-i-Partive.pdf}

_{[2] Law No. 03/L-073 on General Elections in the Republic of Kosovo (2008), Article 11.}

_{[3] Western Balkans Security Barometer, Public Perception on Trust, Corruption, and Integrity of Public Institutions in Kosovo, (QKSS: Pristina, 2022) Pg. 8.}

There are 19 television stations, 89 radio stations, 41 distribution operators, and 94 audio-visual media service providers licensed by the Independent Media Commission (IMC). The IMC is the main regulatory authority for visual media, over which the state has legal authority. In contrast, the print media is self-regulated and is represented by the Press Council of Kosovo (PCK). The Association of Journalists of Kosovo (AJK) is an organisation that plays an essential role in the protection and promotion of the rights of journalists as well as their non-formal education.

The Constitution guarantees the rights and freedom of journalists. However, in practice, they are part of daily interventions by the state or different individuals. The public broadcaster has a budget allocated by the Assembly, while the other media are largely self-financed or financed by marketing activities.

The legal framework has not undergone any changes in recent years and, as such, remains fragmented in covering the media sector. The Law on Media has not yet been approved, which would enable the resolution of issues related to the functioning of the media in general.

Political pressure in the form of strategic lawsuits against public participation (SLAPP suits) and verbal attacks on the media and attacks on journalists are concerning problems. Published news often creates disputes within the business sector and media sectors in terms of sponsorships. The media continues to be the prominent voice for the exposure and investigation of corruption cases, although the results are far from satisfactory. Media ownership continues to remain an area subject to vague disclosure of information. This is particularly true with regard to online media.

After the COVID-19 pandemic, all newspapers in the country have stopped publication. Online media, such as portals, are not regulated by law, which creates difficulties in terms of control, especially regarding fake news.

Civil society organisations (CSOs) in Kosovo are non-profit organisations that are outside the formal state apparatus. Civil society organisations (CSOs) in Kosovo are non-profit organisations that are outside the formal state apparatus. The sector includes not only NGOs but also organisations that have traditionally been called interest groups, such as trade unions, professional associations, economic chambers, sports clubs, cultural societies and informal community groups. A total of 11,232 organisations^[1] (the majority being member-based) were registered in Kosovo as of the end of 2021, although most of them are inactive.^[2] This represents an increase of nearly 1,000 organisations over the past year, double the growth in the previous year. This high number is also related to the lack of obligation to deregister inactive organizations. For the purposes of this study, CSO refers more to NGOs and local organisations.^[3]

Based on current legislation in Kosovo, NGOs can be registered in three forms: associations, foundations and institutes.^[4] The highest governing body of the association is the assembly of members, which consists of all members.^[5] The highest governing body of a foundation or institute is the board, which consists of at least three (3) members.^[6] Most NGOs are registered as associations (96 per cent), and only a small number have chosen to be registered as foundations (4 per cent).^[7]

With the financial and technical support of the international donor community, there has been a drastic increase in the number of NGOs. Currently, there are over 12,000 registered organisations in Kosovo, although most of them are inactive. They are registered in the Department for Registration and Liaison with NGOs in the Ministry of Public Administration.

Civil society in Kosovo plays a central role in holding the government accountable and informing the public of policy failures, especially corruption-related. Civil society generally operates in a friendly environment where the relevant constitution and laws guarantee freedom of expression and association. Executive, legislative and judicial institutions are more open to the public due to the influence exerted on them by civil society through activities and public pressure. However, regarding organisation and internal functioning, CSOs have problems, especially concerning transparency and accountability.

Almost all major civil society organisations are engaged in the fight against corruption. This includes the KLI, KDI, Çohu, FOL, the Group for Legal and Political Studies (GLPS), the GAP Institute, BIRN and others. These organisations have long-standing experience in the fight against corruption. Many local organisations are active in seeking greater accountability from local authorities, such as “Ec ma Ndryshe” in Prizren, “Syri i Vizionit” in Pejë and “Initiative for Progress” in Ferizaj.

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_{[1] As of 29 September 2023, 12,260 NGOs are registered in Kosovo, including 553 international ones. Source:: https://ojq.rks-gov.net/KerkoOJQ.aspx
[2] In 2022, only 1,883 NGOs reported financial activity (tax declarations, staff employment, pension contributions), suggesting this is the true number of active NGOs.
[3] KCSF is a key, well-funded foundation supporting other CSOs, while CIVIKOS is a major cross-sector network with ~300 member NGOs and acts as the main liaison between civil society and government.
[4] Law NO. 06/L –043 on Freedom of Association in Non-Governmental Organisations, Article 19. Accessible via: https://gzk.rks-gov.net/ActDetail.aspx?ActID=19055
[5] Law NO. 06/L –043 on Freedom of Association in Non-Governmental Organisations, Article 31, Point 1.
[6] Law NO. 06/L –043 on Freedom of Association in Non-Governmental Organisations, Article 31, Point 2.
[7] Kosovar Civil Society Index, from the “Kosovar Civil Society Foundation” (2018), page 18.}

The business sector is regulated by procedures determined by the Ministry of Trade and Industry (MTI) and by a legal framework defined by the Law on Commercial Companies, amended in June 2018.

The legislation requires that companies register with the Kosovo Business Registration Agency (KBRA). Types of businesses include sole proprietorship, full partnership, limited partnership, limited liability company and joint-stock company.

The procedures for starting up businesses have been greatly simplified, and opening a business only takes 24 to 72 hours. There are 213,739 registered businesses on the central registry where data
for all registered companies is stored. Businesses are subject to income tax, value-added tax and corporate income tax. They must also withhold taxes and pension contributions for their employees and any rent they pay. There has been an increase in the number of new businesses registered at the KBRA, but the COVID-19 pandemic has affected many companies that have closed or ceased operating.

The issue of the informal economy and the lack of the rule of law is still worrying. This means that once a business is registered, it is not well protected by the state. Any threats or bribes a business receives are unlikely to be reported to the courts, as they are considered ineffective and politically influenced.

There is a lack of specific data regarding business ownership and legal regulation, and there is also a lack of a special body for controlling and supervising the stock market.