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12.9.2017

The Ombudsperson published the Report concerning handling of unfinished businesses by the previous legislature, according to the Rules of Procedure of the Assembly of the Republic of Kosovo

The Ombudsperson, ex-officio, has analyzed Article 86 of the Rule of the Procedure of the Assembly in connection with handling of unfinished work by the previous legislature, according to the Rules of Procedure of the Assembly of the Republic of Kosovo and has published today the Report with Recommendations regarding this issue.

The Report is based on comparative analyses between official versions in Albanian and Serbian languages of Article 86 of the Rules of the Procedure of the Assembly of Republic of Kosovo, named “ Unfinished business”, which determines that: “At the end of the term of the Assembly, all items of business entrusted to it shall be deemed finished “and the English version which stipulates that: At the end of the term of the Assembly, all items of business entrusted to it shall be deemed unfinished”. According to this provision, crucial words of the Regulation, not merely are dissimilar in three versions of the Regulation, but are entirely opposite.

The Ombudsperson considers that the words "finished " should not be interpreted as equal to "canceled", since a work which is considered as "finished " within the mandate of the Assembly does not necessarily mean that the new Assembly cannot recommence that assignment which has remained from the previous legislature, except in three specific cases, which are explicitly mentioned in Article 86.

The Ombudsperson, based on up today practice that all unfinished work at the end of a mandate of the Assembly cannot be continued and should be resumed from the first step, draws attention to the very high costs from legislative efficiency standpoint, if the Assembly is forced to resume any work from the beginning. Such liability, if imposed, would have the same effect as in draft laws which have almost passed the entire reviewing process at Assembly committees, as well as in the case of election of members of independent institutions or agencies and various boards. In this manner, the obligation to resume any items of business from the beginning, risks delay of the work of the Assembly as well as jeopardizes well-functioning of other institutions which are awaiting its decisions.

Furthermore, the Report contains comparative analyses between Rules of Procedure of the Assembly of Republic of Kosovo and the Rules of Procedure of European Parliament, according to which explanations are given for the unfinished work in the European Parliament, considering that such practice should be performed by the Assembly of the Republic of Kosovo as well.

Based on findings, the Ombudsperson has evaluated that Article 86 of the current Rules of the Procedures of the Assembly, questions the issue of how a newly elected Assembly should deal with unfinished business from the previous legislature and that full respect for the principles of legislative efficiency and democracy requires that the Presidency of the Assembly be competent to decide, at the request of various commissions and institutions, to continue unfinished business from the old legislature, rather than resume these items of business from the first step.


This Report with Recommendations, in its full form, has been delivered to the responsible authorities. The same has been disseminated to media as well as published on OI official web page in the following link: http://www.ombudspersonkosovo.org/repository/docs/Ex_officio_582-17_Raport_me_rekomandime_per_plotesimin_e_rregullores_se_Kuvendit_273378.pdf
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