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Effective administrative justice needed in Kosovo, says report by OSCE Mission
PRISTINA 12 April 2007
PRISTINA, 12 April 2007 - Challenges to a functioning administrative justice system need to be tackled to help protect individual rights and the rule of law, concludes a new report from the OSCE Mission in Kosovo.
With a backlog of over 2,000 cases, this first report on administrative law highlights challenges and problematic issues within the system: weaknesses in the applicable administrative law; problems with administrative decisions; concerns identified in the judicial review of administrative decisions; as well as the lack of judicial review of UNMIK and KFOR decisions.
"Government action or non-action - such as through taxation, expropriations, granting or denying licenses, or imposing fines - affects the daily lives of Kosovo inhabitants," said Jens Modvig, acting Head of the OSCE Mission in Kosovo.
"Administrative law is an important area because it enables citizens to have the right to review government actions they believe are illegal or arbitrary."
In view of these concerns, a number of recommendations offered by the OSCE Mission address not only the court and administrative authorities, but also the lawmaker.
Firstly, the report suggests amending the law to have the Supreme Court function as an appeals court reviewing the lawfulness of decisions taken at lower courts, require oral hearings, and allow interim measures to prevent damages while a case is pending.
Secondly, it says that administrative decisions need to be well reasoned and comply with applicable rules. The paper also sees a role for the Ministry of Public Services in Kosovo's Provisional Institutions of Self-Government (PISG) to hold mandatory training courses for civil servants and a public campaign on the Law of Administrative Procedure.
Thirdly, before accepting a case for review, the Supreme Court should decide whether it has jurisdiction and to ensure the plaintiff in a lawsuit has exhausted all available administrative legal remedies.
"These challenges, which aim to establish a functioning administrative law system as a fundamental part of developing Kosovo's justice system, are not unsurpassable," added Jens Modvig.
The report encourages relevant authorities to use the recommendations to take necessary steps to correct the current administrative law system in Kosovo.
With a backlog of over 2,000 cases, this first report on administrative law highlights challenges and problematic issues within the system: weaknesses in the applicable administrative law; problems with administrative decisions; concerns identified in the judicial review of administrative decisions; as well as the lack of judicial review of UNMIK and KFOR decisions.
"Government action or non-action - such as through taxation, expropriations, granting or denying licenses, or imposing fines - affects the daily lives of Kosovo inhabitants," said Jens Modvig, acting Head of the OSCE Mission in Kosovo.
"Administrative law is an important area because it enables citizens to have the right to review government actions they believe are illegal or arbitrary."
In view of these concerns, a number of recommendations offered by the OSCE Mission address not only the court and administrative authorities, but also the lawmaker.
Firstly, the report suggests amending the law to have the Supreme Court function as an appeals court reviewing the lawfulness of decisions taken at lower courts, require oral hearings, and allow interim measures to prevent damages while a case is pending.
Secondly, it says that administrative decisions need to be well reasoned and comply with applicable rules. The paper also sees a role for the Ministry of Public Services in Kosovo's Provisional Institutions of Self-Government (PISG) to hold mandatory training courses for civil servants and a public campaign on the Law of Administrative Procedure.
Thirdly, before accepting a case for review, the Supreme Court should decide whether it has jurisdiction and to ensure the plaintiff in a lawsuit has exhausted all available administrative legal remedies.
"These challenges, which aim to establish a functioning administrative law system as a fundamental part of developing Kosovo's justice system, are not unsurpassable," added Jens Modvig.
The report encourages relevant authorities to use the recommendations to take necessary steps to correct the current administrative law system in Kosovo.