Projekt i realizuar nga:

Institutional Treatment of Cases of Failure to Report or Falsely Reporting Property by Senior Public Officials in Kosovo during 2019

Executive summary

Fighting corruption is one of the main preconditions that Kosovo must meet in order to create the opportunity for membership in international organizations. The Progress Report on Kosovo for 2020 shows that Kosovo is still at an early stage in the fight against corruption, making limited progress in this area, and that corruption is widespread and as such remains a serious concern.

Considering that relations with the EU as well as the international image of Kosovo are substantially influenced by the progress in the field of rule of law, especially by the advancement in the fight against corruption and organized crime, in this analysis we have elaborated declaration of property of public officials, as a very important section in this regard.

This analysis aims to identify the legal shortcomings of Law No.04/L-050 on the declaration, origin and control of property of senior public officials and the declaration, origin and control of gifts for all officials, which has entered into force in 2011, as well as amending/supplementing Law NO.04/L-228 made in March 2014.

Further, this analysis’ purpose is to identify legal and procedural actions taken by prosecutors and courts in Kosovo, when handling 20 criminal cases against senior public officials during 2019, charged of the criminal offense “Failure to report or falsely reporting property, revenue/income, gifts, other material benefits or financial obligations”.

Five (5) judgments were analysed in the Basic Court in Pristina, two (2) judgements in the Basic Court in Gjakova, one (1) judgment in the Basic Court in Mitrovica, and three (3) judgments each were analysed in the Basic Court in Prizren, Peja, Gjilan and Ferizaj. The total number of indictments analysed is 11, as following: five (5) indictments in Prizren, two (2) in Gjakova, two (2) in Gjilan, and two (2) in Peja.

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