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Management of cases of abuse in public procurement by courts and prosecution in Kosovo

Executive Overview

Justice Today, a platform created by the Group for Legal and Political Studies in the framework of the project “Monitoring of the judicial and prosecutorial system in Kosovo”, has conducted a research on cases related to the criminal offence “Abuse and fraud in public procurement” from Article 415 of the Criminal Code of Kosovo (hereinafter CCRK), as well as cases related to the criminal offence“Abuse of official position or authority ”which are related to violations of the Law on Public Procurement.

Public procurement is a process that public institutions follow to make purchases of goods and services, mainly from the private sector. Public procurement is part of the economy, which continues to be one of the most important pillars in public processes of spending public money. Moreover, it is a crucial process for ensuring accountable governance that supports sustainable economic development.

Recognizing the importance of public procurement, Justice Today during the period of more than two years (June 2019-November 2021) of monitoring the justice system in Kosovo, has treated with priority cases of abuse and fraud in public procurement in the courts, and the drafting of indictments of the prosecution regarding criminal offences of this nature.

During the monitoring, Justice Today in the basic courts has identified 18 cases of this nature for which a court judgment had been issued, more precisely cases from the Basic Courts of Prishtina, Mitrovica, Peja, Prizren, Gjakova, Gjilan, and Ferizaj. Meanwhile, regarding the prosecution, 5 indictments filed by the basic prosecutions in Ferizaj, Gjilan and Gjakova have been analysed.

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