1. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Workshop on “Building a Professional Civil Service in Kosovo” Pristina, 26-27 June 2008 THE EXISTING LEGAL FRAMEWORK IN REPUBLIC OF KOSOVA REGARDING THE CIVIL SERVICE Besim M. KAJTAZI Director of Legal Departament Ministry of Public Services E-mail: besim.kajtazi@ks-gov.net; www.ks-gov.net/mshp

2. besim.kajtazi@ks-gov.net Republic of Kosova Republic of Kosova is a small country, with an area of 10,877 km, located in the middle of the Balkan Peninsula, surrounded by Serbia, Macedonia, Albania and Montenegro. Republic of Kosova is densely populated with around 193 persons per km². The capital city of the Republic of Kosova is Pristina. Municipalities are the basic territorial unit of local self- governance in the Republic of Kosovo. The Republic of Kosova is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions. [1][1] Article 3- Constitution of the Republic of Kosovo.

3. besim.kajtazi@ks-gov.net Republic of Kosova Republic of Kosova has declared its independence on 17 th February 2008, whereas the Assembly of Republic of Kosova on 9 th April 2008 have adopted the Constitution of Republic of Kosova which entered into force on 15 th June 2008. Article 1 [Definition of State] 1. The Republic of Kosovo is an independent, sovereign, democratic, unique and indivisible state. 2. The Republic of Kosovo is a state of its citizens. The Republic of Kosovo exercises its authority based on the respect for human rights and freedoms of its citizens and all other individuals within its borders. 3. The Republic of Kosovo shall have no territorial claims against, and shall seek no union with, any State or part of any State.

4. besim.kajtazi@ks-gov.net KOSOVA ENTITY UNDER INTERIM INTERNATIONAL ADMINISTRATION Since June 1999, until the declaration of independence on 17 th February 2008, Republic of Kosova was an entity under the interim international administration known as the United Nation Mission in Kosova (UNMIK) and International Security Forces in Kosova (KFOR-i), based on the competences given to the Special Representative of Secretary General of UN by the Resolution 1244 (1999) of the Security Council of United Nations on 10 th June 1999.[1] [1] See Resolution 1244 (1999), adopted by the Security Council in 4011 meeting on 10 th June 1999.[1]

5. besim.kajtazi@ks-gov.net Section 1 Applicable Law 1.1 The law applicable in Kosovo shall be: (a) The regulations promulgated by the Special Representative of the Secretary- General and subsidiary instruments issued thereunder; and (b) The law in force in Kosovo on 22 March 1989. In case of a conflict, the regulations and subsidiary instruments issued thereunder shall take precedence. 1.2 If a court of competent jurisdiction or a body or person required to implement a provision of the law, determines that a subject matter or situation is not covered by the laws set out in section 1.1 of the present regulation but is covered by another law in force in Kosovo after 22 March 1989 which is not discriminatory and which complies with section 1.3 of the present regulation, the court, body or person shall, as an exception, apply that law. Article 1 Regulation No. 2000/59 27 October 2000. Amending UNMIK Regulation No. 1999/24 of 12 December 1999 On the Applicable Law in Kosovo. Regulation No. 2000/59 APPLICABLE LAW BEFORE THE CONSTITUTION OF THE REPUBLIC OF KOSOVA

6. besim.kajtazi@ks-gov.net Constitution of the Republic of Kosovo Article 16 [Supremacy of the Constitution] 1. The Constitution is the highest legal act of the Republic of Kosovo. Laws and other legal acts shall be in accordance with this Constitution. Article 19 [Applicability of International Law] 1. 1. International agreements ratified by the Republic of Kosovo become part of the internal legal system after their publication in the Official Gazette of the Republic of Kosovo. They are directly applied except for cases when they are not self-applicable and the application requires the promulgation of a law. 2. Ratified international agreements and legally binding norms of international law have superiority over the laws of the Republic of Kosovo. Supremacy of the Constitution

7. besim.kajtazi@ks-gov.net Applicable Legislation Article 145 [Continuity of International Agreements and Applicable Legislation] 1. International agreements and other acts relating to international cooperation that are in effect on the day this Constitution enters into force will continue to be respected until such agreements or acts are renegotiated or withdrawn from in accordance with their terms or until they are superseded by new international agreements or acts covering the same subject areas and adopted pursuant to this Constitution. 2. Legislation applicable on the date of the entry into force of this Constitution shall continue to apply to the extent it is in conformity with this Constitution until repealed, superseded or amended in accordance with this Constitution.

8. besim.kajtazi@ks-gov.net CONSTITUTION OF THE REPUBLIC OF KOSOVA & CIVIL SERVICE Article 101 [Civil Service] 1. The composition of the civil service shall reflect the diversity of the people of Kosovo and take into account internationally recognized principles of gender equality. 2. An independent oversight board for civil service shall ensure the respect of the rules and principles governing the civil service, and shall itself reflect the diversity of the people of the Republic of Kosovo.

9. besim.kajtazi@ks-gov.net FUNDAENTAL LEGISLATION ON CIVIL SERVICE OF KOSOVA CONSTITUTION OF REPUBLIC OF OSOVA ADMINISTRATIVE DIRECTION NO. 2003/02 IMPLEMENTING REGULATION 2001/36 Law no. 03/L 040 On Local GOVERNMENT AI NO. 02/2005 ON RIGHTS AND OBLIGATIONS OF POLITICAL APOINTEES AND THEIR CODE OF CONDUCT CIVIL SERVANTS CODE OF CONDUCT (REG GK-No.01/2006) REGULATION NO. 1/2007 ON THE WORK OF KOSOVA GOVERNMENT REG.2001/19 ON THE EXECUTIVE BRANCH (AMENDED) REG.2001/36 ON CIVIL SERVICE OF KOSOVA

10. besim.kajtazi@ks-gov.net BASIC LAWS RELATED TO CIVIL SERVICE OF OSOVA LAW No. 02/L-28 ON ADMINISTRATIVE PROCEDURE LAW No. 2004/2 ON GENDER EQUALITY Law No. 02/L-37 ON LANGUAGE USE LAW 03/L-048 ON MANAGING PUBLIC FINANCES AND RESPONSIBILITIES LAW No. 2004/34 ANTI CORRUPTION LAW No. 2003/12 ON ACCESS TO OFFICIAL DOCUMENTS LAW No. 2004/3 AGAINST DISCRIMINATION

11. besim.kajtazi@ks-gov.net General Principles of the Civil Service Section 4 General Principles of the Civil Service 4.1 There shall be a provisional Kosovo Civil Service, which shall be governed by the legislation regulating the Civil Service. 4.2 Members of the Civil Service shall be recruited from all the communities of Kosovo on the grounds of professional qualification, competence and merit after fair and open competition. The non- majority community representation in the composition of the Civil Service at all levels shall be closely proportionate to the representation of non-majority communities in the Assembly. 4.3 Members of the Civil Service shall have the right to belong to political parties, trade unions and other organizations, but shall abstain from active involvement in political activity. 4.4 All members of the Civil Service shall be bound by the Civil Service Code. Regulation No. 2001/19Regulation No. 2001/19 13 September 2001. [amended by Regulations No. 2002/5, 2005/15, 2005/53, 2006/19, 2006/26, 2006/34, 2007/18, 2008/3 and 2008/20] On the Executive Branch of the Provisional Institutions of Self-Government in Kosovo. 2002/52005/152005/532006/192006/262006/342007/182008/32008/20

12. besim.kajtazi@ks-gov.net MAIN MECHANISMS DEALING WITH CIVIL SERVICE ASSEMBLY COMMITTEE FOR PUBLIC SERVICES… KIPASPAC IOBK MPS

13. besim.kajtazi@ks-gov.net Assembly Committee for Public Services, Local Administration and Media http://www.kuvendikosoves.org/ http://www.kuvendikosoves.org/ Description Discusses the formulation and implementation of work policies and an objective service for all citizens without any ethnic differences, based upon objectivity, professionalism and responsibility; Projects on the nomination and professional qualifications of staff for civil services; Proposes measures for offering engineering and management services for the buildings of the PISG; Proposes measures for the administration of the payment system and salary list of the Civil Service; Discusses standards and information technology services that should be used by the PISG.

14. besim.kajtazi@ks-gov.net Ministry of Public Services -MPS Ministry of Public Services The Ministry shall: (i) Develop and oversee the implementation of policies for a multi-ethnic, impartial, professional and accountable Civil Service; (ii) Develop, and coordinate the implementation of, policies for training and capacity development of the Civil Service; (iii) Administer the Civil Service payroll and payments system; Regulation No. 2001/19 [amended by Regulations No. 2005/53] On the Executive Branch of the Provisional Institutions of Self-Government in Kosovo. Regulation No. 2001/192005/53

15. besim.kajtazi@ks-gov.net Senior Public Appointments Committee -SPAC The SPAC shall: (i) Be organized and function in accordance with rules and procedures to be set out in a subsequent regulation; (ii) Be chaired by the Prime Minister and have as its members: (a) The Minister of Public Services; (b) The Minister under whom the candidate for appointment would serve; (c) The two Ministers from non-Kosovo Albanian communities; (d) Three eminent inhabitants of Kosovo Have secretariat services provided by the Office of the Prime Minister ; Regulation No. 2001/19 [amended] On the Executive Branch of the Provisional Institutions of Self-Government in Kosovo Regulation No. 2001/19

16. besim.kajtazi@ks-gov.net Senior Public Appointments Committee SPAC Appoint: (a) The Permanent Secretaries of the Ministries; (b) The chief executive officers of the Executives Agencies; and (c) Such other posts as may be decided by the Special Representative of the Secretary-General; and (v) In consultation with the Special Representative of the Secretary-General, remove the above officials solely on grounds of professional incompetence or misconduct or after having been convicted of a criminal offence and sentenced to serve a prison term of six months or more. Regulation No. 2001/19 [amended] On the Executive Branch of the Provisional Institutions of Self-Government in KosovoRegulation No. 2001/19

17. besim.kajtazi@ks-gov.net SPAC ADMINISTRATIVE INSTRUCTION NO. 11/2008 ON IMPLEMENTING PROCEDURES FOR THE OPERATION OF THE SENIOR PUBLIC APPOINTMENTS COMMITTEE The purpose of this Administrative Instruction is the establishment of practical rules for the effective operation of the Senior Public Appointments Committee.

18. besim.kajtazi@ks-gov.net Independent Oversight Board for Kosovo -IOBK http://www.ks-gov.net/kpmk/ http://www.ks-gov.net/kpmk/ Functions of the Board 10.1 The Board shall: (a) Hear and determine appeals against decisions of employing authorities in accordance with Section 11 of the present regulation; (b) Determine, in accordance with Section 12 of the present regulation, whether the appointments of civil servants at the level of heads of department are made in accordance with the principles set out in Section 2.1 of the present regulation; (c) Provide, in accordance with Section 13 of the present regulation, an annual assessment of employing authorities’ compliance with the principles set out in Section 2.1 of the present regulation; and (d) Provide an annual report to the Assembly o f Kosovo, in accordance with Section 14 of the present Regulation. The Assembly shall forward the Board’s annual report to the Prime Minister. 10.2 Civil Servants appointed by the SPAC, and those categories of civil servants excluded from the competence of the Board by a subsequent legislative issuance, are outside the jurisdiction of the Board. REGULATION NO. 2008/12 AMENDING UNMIK REGULATION 2001/36 ON THE KOSOVO CIVIL SERVICE

19. besim.kajtazi@ks-gov.net Establishment of the Independent Oversight Board for Kosovo 7.1 An Independent Oversight Board for Kosovo (hereinafter “the Board”) is hereby established. 7.2 The Board shall be an autonomous body reporting directly to the Assembly of Kosovo. The Assembly of Kosovo shall forward all reports of the Board to the Prime Minister. All reports of the Board shall be public documents. 7.3 The Board shall be funded from the Kosovo Consolidated Budget. It shall have a dedicated budget line under the Assembly’s budget and shall receive necessary administrative and other support from the Assembly of Kosovo. The funding of the Board shall include the financial requirements of its Secretariat. The Board shall inform the Assembly o f budgetary proposals that may compromise the ability of the Board to carry out its functions. 7.4 The Board may receive donor contributions. Donor contributions that are made available and accepted shall be notified to the Assembly and shall not affect the independence of the Board or its entitlement to funds from the Kosovo Consolidated Budget. 7.5 The salary level of the Chairperson shall be equivalent to that of the President of the Supreme Court of Kosovo. The salary level of the Members of the Board shall be equivalent to that of a judge of the Supreme Court of Kosovo. REGULATION NO. 2008/12 AMENDING UNMIK REGULATION 2001/36 ON THE KOSOVO CIVIL SERVICE

20. besim.kajtazi@ks-gov.net Kosovo Institute for Public Administration - KIPA ADMINISTRATIVE DIRECTION NO. 2003/25 IMPLEMENTING UNMIK REGULATION NO. 2001/19 ON THE EXECUTIVE BRANCH OF THE PROVISIONAL INSTITUTIONS OF SELF-GOVERNMENT IN KOSOVO. The Kosovo Institute for Public Administration is hereby established as an Executive Agency within the Ministry of Public Services. KIPA shall be the primary training institution responsible for the generic training of Kosovo civil servants. It shall perform its functions on the basis of legality, efficiency, accountability and impartiality. The budget of KIPA shall be provided by the Ministry and may be supplemented by external funds, as appropriate. ADMINISTRATIVE INSTRUCTION NO. MJS 2004/09 ON PAYMENT OF TRAINERS ENGAGED IN KOSOVO INSTITUTE FOR PUBLIC ADMINISTRATION (24.09.2004)

21. besim.kajtazi@ks-gov.net Regulation on the Kosovo Civil Service Work relations in Civil Service in Kosova are regulated with UNMIK Regulation No.2001/36 on Kosovo Civil Service, Administrative Direction 2003/2 on the enforcement of UNMIK Regulation 2001/36 on Kosovo Civil Service and on 12 administrative instructions on the enforcement of the Administrative Direction 2003/2 on the enforcement of UNMIK Regulation 2001/36 on Kosovo Civil Service.

22. besim.kajtazi@ks-gov.net Civil servant “Civil servant” means any employee of an employing authority, whose salary is paid from the Kosovo Consolidated Budget, except for: (i) members of the Board; (ii) exempt appointees; and (iii) members of the Kosovo Protection Corps. Section 1 Regulation No. 2001/36 On the Kosovo Civil Service.

23. besim.kajtazi@ks-gov.net Governing Principles 2.1 The Civil Service shall be governed by the following principles: (a) Equity: fair and equitable treatment of civil servants and others, in accordance with the law; (b) Political neutrality and impartiality: loyal service to the institutions of government without fear or favour, and irrespective of political views or affiliations; (c) Integrity: no misuse of official position or information for one’s own or others’ personal gain; no misuse of information or attempt to mislead others; and, except in accordance with official duties, no use or disclosure of information acquired as a result of an official position; (d) Honesty and accountability: demonstrably proper use of public resources and demonstrably proper exercise of authority; (e) Transparency: ensuring that government processes are open to public scrutiny, except as provided by law; (f) Merit: entry, promotion and assignment within the Civil Service shall be only by means of fair, open and competitive procedures, based on objective, job-related criteria; (g) Non-Discrimination: no discrimination, direct or indirect, based on sex, race, colour, language, religion, political opinion, national, ethnic or social origin, association with a national community, property, birth, disability, family status, pregnancy, sexual orientation, or age; and (h) Inclusiveness: recruitment at all levels in the Civil Service shall reflect the multi-ethnic character of Kosovo and the need for equitable representation of all the communities in Kosovo. Section 2 Regulation No. 2001/36 On the Kosovo Civil Service.

24. besim.kajtazi@ks-gov.net ADMINISTRATIVE INSTRUCTIONS ON THE ENFORCEMENT OF THE ADMINISTRATIVE DIRECTION 2003/2 ON THE ENFORCEMENT OF UNMIK REGULATION 2001/36 ON KOSOVO CIVIL SERVICE. 1. 1. ADMINISTRATIVE INSTRUCTION NO.MJS/DCSA 2003/01, RECRUITMENT PROCEDURES 2. 2. ADMINISTRATIVE INSTRUCTION NO.MJS/DCSA2003/02, CONTRACT PROCEDURES (17.04.2003) 3. 3. ADMINISTRATIVE INSTRUCTION NO.MJS /DCSA 2003/03, PROBATION PROCEDURES 4. 4. ADMINISTRATIVE INSTRUCTION NO.MJS /DCSA 2003/04, DISCIPLINARY PROCEDURES 5. 5. ADMINISTRATIVE INSTRUCTION NO.MJS/DCSA 2003/05 APPEALS PROCEDURES 6. 6. ADMINISTRATIVE INSTRUCTION NO.MJS /DCSA 2003/06 TERMINATION OF EMPLOYMENT PROCEDURES 7. 7. ADMINISTRATIVE INSTRUCTION NO.MJS/DCSA 2003/07 JOB DESCRIPTION PROCEDURES 8. 8. ADMINISTRATIVE INSTRUCTION NO.MJS /DCSA 2003/08 JOB ASSESSMENT PROCEDURES 9. 9. ADMINISTRATIVE INSTRUCTION NO.MJS /DCSA 2003/09 WORKING HOURS AND ATTENDANCE 10. 10. ADMINISTRATIVE INSTRUCTION NO.MJS /DCSA 2003/10, LEAVE PROCEDURES 11. 11. ADMINISTRATIVE INSTRUCTION NO.MJS /DCSA 2003/11, PERSONNEL RECORDS 12. 12. ADMINISTRATIVE INSTRUCTION NO.MJS /DCSA 2003/12, EQUAL OPPORTUNITIES PROCEDURES

25. besim.kajtazi@ks-gov.net Civil Service Code of Conduct REGULATION NO. 2006/20 AMENDING UNMIK REGULATION 2001/36 ON THE KOSOVO CIVIL SERVICE Section 6 Code of Conduct Civil Servants shall be bound by the Civil Service Code of Conduct attached as an annex to the present Regulation, or such other Civil Service Code of Conduct as may be subsequently approved by a Decision of the Government. CIVIL SERVANT CODE OF CONDUCT Nr. 01/2006 1.1 The civil servant code of conduct comprises the entire principles and norms that all civil servants shall be based on when acting.

26. besim.kajtazi@ks-gov.net ADMINISTRATIVE INSTRUCTION NO. 08/2006 MEASURES FOR INCREASE OF EFFICIENCY IN PUBLIC ADMINISTRATION. ADMINISTRATIVE INSTRUCTION No. 04/2008- MPS RELATED TO DRESSING AND PRESENTATION OF CIVIL SERVANTS. ADMINISTRATIVE INSTRUCTION NO. 05/2008- MPS ON THE FORUM OF PERSONNEL MANAGERS.

27. besim.kajtazi@ks-gov.net ADMINISTRATIVE INSTRUCTION NO. 3/2004 ON KOSOVO CIVIL SERVANTS SALARIES PAID BY KOSOVO CONSOLIDATED BUDGET AND THAT ARE ENGAGED IN THE MORE THAN ONE WORKING PLACE, (27.04.2004) ADMINISTRATIVE INSTRUCTION NO. 7/2004 ON THE SALARIES OF THE MUNICIPALITY POLITICAL STAFF, (15.05.2004) ADMINISTRATIVE INSTRUCTION NO.MJS 2004/11 ON SETTING THE LEVEL OF GRADES IN THE CIVIL SERVICE (26.11.2004). ADMINISTRATIVE INSTRUCTION NO. 02/2008 ON WAGES OF THE POLITICAL APPOINTEES STAFF;

28. besim.kajtazi@ks-gov.net ADMINISTRATIVE INSTRUCTION No. 2007/05 MPS FOR REGISTRATION OF THE DISCIPLINE MEASURES; ADMINISTRATIVE INSTRUCTION NO. 02/2008-MPS FOR REGISTRATION OF PRESENTS IN THE CATHALOG OF PRESENTS IN THE INSTITUTIONS OF CIVIL SERVICE OF THE REPUBLIC OF KOSOVO;

29. besim.kajtazi@ks-gov.net ADMINISTRATIVE INSTRUCTION NO. 01/2008 FOR DETERMINING OF REPRESENTATION EXPENDITURES FOR THE INSTITITONS OF THE KOSOVO GOVERNMENT; ADMINISTRATIVE INSTRUCTION NO. 03/2008 ON USING OF KOSOVO GOVERNMENT VEHICLES; ADMINISTRATIVE INSTRUCTION NO. 04/2008 FOR USE OF PHONES (FIX AND MOBILE) IN KOSOVA GOVERNMENT; ADMINISTRATIVE INSTRUCTION NO. MJS 2004/07 ON OFFICIAL TRAVELS (24.09.2004)

30. besim.kajtazi@ks-gov.net GENERAL CONTRACT OF COLLECTIVE AGREEMENT IN KOSOVA Provisions of this contract are applicable in the whole territoty of Kosova. Provisions of this collective agreement are applicable for all employers, who perform economic, non- economic activities and civil services. Branches of trade unions of non-economic activity (civil, public services and public enterprises)make special contract with their employers (respective ministries, Public Services, Education, Health etc..., in accordance with their specifics.

31. besim.kajtazi@ks-gov.net THANK YOU M.sc. Besim M.Kajtazi, Director of Legal Departament Ministry of Public Services Adresa: Rr. Nëna Terezë, Ndërtesa e Gërmisë, Zyra A501 10000 Prishtinë, Republika e Kosovës Tel: +381 (0) 38 200 30 781 Mobile: +377 (0) 44 346 056 E-mail: besim.kajtazi@ks-gov.net E-mail: kajtazi@romandie.com