Thesis (Jun 2019)

Reorganization of the Ombudsman model in Kosovo

  • Agron Xhemajli

Journal volume & issue
Vol. 8, no. 1
pp. 165 – 185

Abstract

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The advancement of the Ombudsman’s work directly affects the strengthening of the rule of law. Every administration undergoing transition as is the case in Kosovo must increase its efficiency in meeting the rule of law standards. The edifice of mechanisms controlling the powers does not suffice if they are not attended by functional and efficient pratices, whichfrom time to time and when needed, are examined and analyzed, both in structure and in terms of the results they give. Therefore, this is the motivation and main purpose of the analysis at hand, which takes into consideration the normative content, comparing it with other countries in the region and beyond. The current model belongs to the “emergency” phase before the era of independence when its role was left in the second plan, while it has much more importance in controlling the work of public administration bodies. In addition, the Ombudsman is still not sufficiently respected in public administration, and has a limited scope in society mainly due to lack of competence. From the examination it will appear that the role of the Ombudsman will increase by shifting from the current monocratic model to the collegial model in order to expand the scope of activity and increase the competencies. This will influence his recommendations to be taken into account more by those segments of the administration that make concessions or violations of legality. Recommendations should be legally binding.

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