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The constitutional referendum – another step towards a New Turkey

Author(s): Krzysztof Strachota / Language(s): English

On 16 April the citizens of Turkey voted in a national referendum to amend the constitution. This will lead to a radical strengthening of the president’s power. 51.4% of the voters backed the amendments. They will come into force after the next presidential and parliamentary election (scheduled for 2019). The amendments are an important step in the thorough reconstruction of the Republic of Turkey which began in 2002. They will strengthen the position of Recep Tayyip Erdoğan in legal terms, and – with all the controversies that entails – will adjust the legal status to the situation on the ground. The outcome of the referendum helps to temporarily stabilise the internal situation in Turkey and allows the country to be more active on the international arena; this includes making another attempt to thoroughly revise its relations with the EU. However, the amendment of the constitution is of a technical nature and is a means rather than an end in the process of building a New Turkey. Thus the calming of the situation in Turkey is temporary.

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Regulatory Impact Assessment (2)

Author(s): Agim Selami / Language(s): English

Analytica’s report on Regulatory Impact Assessment aims at giving a clearer picture on the overall RIA process putting particular focus on RIA developments in Macedonia. The report goes through the history of RIA, its introduction booming all around the world and concentrates predominantly on RIA introduction and implementation challenges that Macedonia’s authorities are facing with. It emphasizes that Macedonia’s authorities, although belatedly, are more and more becoming aware of RIA’s role and importance in preparing solid legal framework… In this day and age, when governments are faced with a huge quantity of regulation, it is beyond question that regulation should imperatively be given special treatment and consideration. The role of political actors should consist of making sure that the regulation in place meets the criteria of an effective and efficient regulation, and guarantee that it produces a positive impact on concerned parties or more broadly – on citizens. In other words, mechanisms for anticipating policy impacts, such as Regulatory Impact assessment (RIA), must be put in practice.

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Politicization in the Macedonian Public Administration

Author(s): Qëndresa Sulejmani / Language(s): English

Public administration (PA), as the apparatus through which political decisions are executed, has long been considered a constituent part of government’s staff. The idea of an independent and apolitical administration was initially introduced by Woodrow Wilson in his “The Study of Public Administration” (1887) and its practice still remains relatively new, as the PA is in a constant reformation. This line of thought was initially applied in states oriented toward democracy and market economy, while highly centralized communist states disregarded the trend. Interest in the politics-administration dichotomy has reached Southeastern Europe only after the fall of the socialist regimes; yet even since, politics and politicians continue to define the organization and function of the administration in the region. Politicization of the PA derives from the visible and automatic synthesis of the ruling party with the state in post communist states. However, after the fall of the socialist regime in Macedonia, as in the whole region, there have been tendencies to reform the administration in the name of democracy and the market economy, but changes have been moderate, especially in practice. Hence, in Macedonia politicians retain control over the state administration although they are well informed of the benefits of a professional and neutral administration; in consequence, the implementation of democratization processes often stagnates in Macedonia.

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The Story of the Macedonian Heat Market – How to Reform It?

Author(s): Ana Stojilovska / Language(s): English

Being an EU candidate country brought many reforms in Macedonia including significant energy market restructuring. Having signed the Energy Community Treaty, the country is undergoing many institutional, market and legal reforms. In fact, the relevant energy legal acts have been adopted; new institutional and market actors have been set; and incentives for increasing the share of renewables and improving energy efficiency are being taken. However, the area which remained overshadowed by the other energy reforms is the heat market. Dominated by an extremely high consumption of electricity and partly supplied by an under-developed district heating (DH) which is in the hands of a dominant actor, the Macedonian heat market shows patterns of energy inefficiency and lack of vision for long-term development. In the context of increasing prices of the energy sources and heat bills, the customers are faced with ever growing worries of heating their homes and offices. Despite some developments in the heat sector, one of the possible solutions – the gasification process - progresses slowly and furthermore no significant structural reforms are planned, leaving this energy sector one of the most problematic in Macedonia. The aim of this research is to inspect possible policy solutions for reforming the Macedonian heat market and drafting policy recommendations to the respective Macedonian authorities for the purpose of improving the state of the heat market and heat consumers’ wellbeing.

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Mechanisms for Fighting Police Corruption in the Republic of Macedonia – Legal and Institutional Set Up

Author(s): Elena Brmbeska / Language(s): English

One of the biggest obstacles in the proper functioning of democracy is ignorance of the rule of law by institutions meant to enforce it. The presence of corruption in public institutions causes multiple fractions in the country, while some officials obligated to serve the public well-being (inspired by various motives), choose to neglect the values of their service. Step by step, the coordinated work of the institutions that the system requires is disabled and the basic principles of democracy are impaired. Consequently, it is almost impossible to promote and protect human rights and freedoms in an environment where basic moral principles are neglected. Needless to say, corruption is an occurrence that systematically destroys the country from the inside. This is one of the leading problems in our country which prevents any kind of prosperity. Facing the challenges of the transition period, on a struggling path to full membership to the European Union, Macedonia has to put in significant effort in order to fulfill certain criteria. The demand to establish stability in the political, economic and social system is especially difficult when dealing with high level of corruption in the country. The disruptive nature of this phenomenon appears in every segment of the state apparatus. The abuse of official power and authority, in order to gain personal benefit seems to have taken a sway on every level of hierarchy in the public administration. Given the complexity and chain-structure of criminal organized groups involved in corruption, it takes a number of well established and coordinated mechanisms to tackle it. According to the experts, a successful combination would be one of suitable and fully implemented legislative on one side, and democratic institutions working in compliance with it, which will put theory into practice on the other.

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Kako do podjele BiH na statističke regije?

Author(s): Mirela Hodović,Denis Hadžović / Language(s): Bosnian

Proteklih mjeseci politička agonija u BiH doživljava svoj vrhunac, a ovakvo bezizlazno stanje donosi najviše poteškoća na planu evropskih integracija. Opravdan je strah javnosti da bi, sa ovako negativnim trendom kretanja, BiH mogla izgubiti i ono malo stečenog kredibiliteta i kvalifikacija na putu integrisanja u EU. Na jednom od sastanaka predstavnika Evropske komisije i institucija BiH, najviše primjedbi upućeno je na dio Sporazuma o stabilizaciji i pridruživanju vezano za obavezu podnošenja brojčanih pokazatelja po glavi stanovnika u BiH. Tačnije, radi se o takozvanom nivou NUTS II, čiji je krajnji rok za realizaciju juli 2013. godina. Ovo pitanje je jedna od obaveza koju EU zahtijeva od svih kandidata za punopravno članstvo, a ujedno i osnov za definisanje statističke regionalizacije države, putem koje se stvaraju pretpostavke za značajnije povlačenje sredstava iz EU fondova. Svedoci smo da je Hrvatska tek nedavno usaglasila ovo pitanje sa EU, ispunjavajući time i jedan od zadnjih uslova pristupanja Uniji, planirano za juli naredne godine. Za Hrvatsku, pitanje statističke regionalizacije bilo je i više nego značajno, pa je tek u zadnjem momentu odlučila da umjesto dosadašnje tri statističke regije uspostavi novu podjelu na dvije regije, tzv. kontinentalnu i jadransku. Ova odluka bazirana je na procjeni da prethodno uspostavljeni model od tri regije ne bi predstavljao najbolje rješenje za povlačenju novca iz strukturalnih i kohezionih fondova EU. Treba napomenuti da je Hrvatskoj trebalo punih pet godina da se usaglasi o ovom pitanju, pa iz toga proizilazi bojazan koliko će vremena trebati BiH da postigne dogovor o podijeli na statističke regije. Pitanje regionalizacije u BiH je moguće pokrenuti tek po okončanom popisu stanovništva koji se treba provesti naredne godine, ali političku i javnu raspravu bi bilo potrebno pokrenuti što prije. Ovo ističemo, prije svega, jer je poznato koliko iscrpni i dugotrajni znaju biti dogovori u BiH, a još je i za pristupanje statističkoj regionalizaciji potrebno uvesti i decentralizovani sistem upravljanja, koji je, iako iniciran prije pet godina, proces koji još uvijek nije okončan.

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Parlamentarni nadzor nad radom privatnih sigurnosnih kompanija u BiH

Author(s): Armin Kržalić,Sanja Mihajlović / Language(s): Bosnian

U demokratski uređenim državama, javnost, demokratski izabrane institucije i parlamenti države imaju potrebu za adekvatnim i djelotvornim mehanizmima vršenja nadzora i demokratske kontrole, ne samo nad njihovim sigurnosnim strukturama na razini države, nego i nad privatnim vojnim i sigurnosnim snagama. Zbog sve većeg značaja širenja aktera privatnih sigurnosnih kompanija, postaje značajno da demokratske institucije, a posebno parlament, osiguraju minimalne standarde nadzora i kontrole nad istim u sektoru sigurnosti. U suprotnom, izostajanje ovih elemenata dovodi u opasnost i osnovne demokratske principe. U nastojanju da osigura ravnotežu vlasti, Bosna i Hercegovina je usvojila koncept parlamentarnog nadzora i uspostavila mehanizme demokratske kontrole u izvršnim i zakonodavnim tijelima vlasti. Ovaj koncept se primjenjuje na sve institucije vlasti a u ovom slučaju se odnosi i na instance kršenja ljudskih prava, kao i vladavine prava. Međutim, kada se sagleda praksa demokratskog nadzora nad nedržavnim akterima, kao što su privatne sigurnosne kompanije, u BiH i u svijetu, postaje uočiljivo da su ove prakse svedene na minimalan nivo. Štaviše, pristupi međunarodne zajednice ka ovome problemu su, u najboljem slučaju, djelimični. Stoga, mnogobrojna istraživanja upućuju na problem ove rastuće industrije, prvenstveno kroz prizmu međunarodnog humanitarnog zakona i međunarodnog zakona o ljudskim pravima, a ne kroz prizmu sveobuhvatne demokratske odgovornosti.

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Upravljanje pandemijom - Naučene lekcije za sigurniju budućnost

Author(s): Sabahudin Harčević / Language(s): Bosnian

Pandemija COVID-19 i njene ekonomske posljedice imale su relativno veliki utjecaj na stanovništvo i ekonomiju BiH. U tu svrhu zemlje širom svijeta, uključujući i BiH, uvele su mjere za sprečavanje širenja bolesti uvođenjem određenih ograničenja građanima (ograničenje kretanja, zatvaranje državnih granica za strane državljane, policijski sat, zabrana okupljanja, instrukcije za ostanak kod kuće, karantin, obavezna kućna izolacija, podsticanje izbjegavanja bliskih ličnih kontakata) što je dovelo do ograničavanja pojedinih individualnih prava i sloboda građana. Pojava pandemije COVID-19 predstavljala je ozbiljne izazove kako za međunarodni tako i za domaći sistem i njegove institucije. Mjere koje su provodile bile su prilično restriktivne, a kako su usvajane na različitim nivoima vlasti u BiH, izazvale su određenu konfuziju među samim građanima, što je dovelo do stvaranja brojnih teorija zavjere, kako od strane medija, tako i od strane samih građana. Tako je na snimku koji je nekoliko hiljada puta podijeljen na Facebook-u građanima savjetovano da ne vjeruju ljekarima i da Covid-19 liječe medom i propolisom jer farmaceutske kompanije kriju prirodne lijekove. U videu ženska osoba objašnjava kako testovi na COVID-19 uzimaju ljudsku DNK, a nakon toga ljekari prave određenu vrstu čipa. Ona navodi da i testovi dokazano ne djeluju, odnosno uopšte ne pokazuju da je neko bolestan, već jednostavno čim osoba ima blagu temperaturu ili neku slabost pokažu pozitivni [5]. Također, portal N1 je 17. septembra 2020. godine neosnovano zaključio da je dnevni bilans novozaraženih „oborio rekorde” za taj dan. Zvanični podaci institucija govore da su, nažalost, veće cifre zabilježene krajem jula 2020. godine [6]. Koliko je BiH bila nespremna da adekvatno odgovori na sve izazove koje je sa sobom donijela pandemija COVID-19 govori i činjenica da nacionalni plan pripravnosti i kontrole gripa u BiH nije ažuriran 14 godina. Izazovi nalažu da se postave sljedeća pitanja: Da li su poduzeti odgovarajući i blagovremeni koraci da se spriječi širenje virusa? Koliki je bio nivo koordinacije između domaćih i međunarodnih aktera u rješavanju vanredne situacije? Šta je uzrok visoke smrtnosti u BiH od COVID-19?

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Propusti u proceduri izbora novog sudije Ustavnog suda BiH iz Federacije BiH

Author(s): Harun Išerić / Language(s): Bosnian

Prije godinu dana, Mato Tadić, tadašnji predsjednik Ustavnog suda BiH, obavijestio je predsjedavajućeg Predstavničkog doma Parlamenta Federacije BiH, gospodina Mirsada Zaimovića, da će 15. augusta 2022. godine napuniti 70 godina života, te da će mu po slovu Ustava BiH prestati mandat sudije Ustavnog suda BiH. Tako je Predstavnički dom Parlamenta FBiH imao šest mjeseci da izabere novog sudiju, prije nego što se sudija Mato Tadić penzioniše. Međutim, to se nije desilo ni godinu dana kasnije.

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Policy Making and EU Accession Negotiations: Getting Results for Serbia

Author(s): Milena Mihajlović,Sena Marić,Amanda Orza / Language(s): English

One of the substantial questions of the EU accession process, which has so far been fairly neglected in Serbia, concerns the correlation between the national policy making and coordination practices and the EU accession negotiations (as well as negotiations in the EU institutions after membership is achieved). The rationale behind the focus on this topic lies in the fact that the timing of the opening of negotiations with Serbia coincides with an evident growing interest on the part of the European Commission in the policy making aspects of horizontal governance reforms in candidate countries.

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Between Discretion and Professionalism: Merit-based Recruitment Policy in the Context of Serbia’s Accession Negotiations with the EU

Author(s): Sena Marić,Milena Lazarević / Language(s): English

Although not even one year has passed since EU accession negotiations with Serbia formally began, human resource problems in Serbia’s state administration are becoming an increasingly important factor threatening to compromise the quality and dynamic of the process. Significant staff turnover, an inadequate number of experts for specialized areas, the outflow of young civil servants and the lack of an essential understanding of European integration related affairs by managers at the political level, are just a few of the problems. Another reason for greater dedication to this issue is the understanding, upon which the EU insists, that public administration reform is closely interlinked to the other pillars of the enlargement policy – rule of law and economic governance. The goal of this study is to identify the key shortcomings of the Serbian civil servant system from the angle of EU accession process needs, with a particular focus on the recruitment system. The study also aims to instigate interest and further efforts towards the implementation of civil service system reforms in the context of Serbia’s EU accession. As the most visible aspect of the civil service system, the recruitment system has the greatest impact on perceptions about corruption, which attests to the importance of treating this element of human resources management particularly seriously and thoroughly in the framework of ongoing public administration reforms. Noting the limits of the implementation of a legal framework in the area of recruitment policy, the study develops three possible options for improving the quality of human resources in state administration.

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2019 Elections - For the European Parliament 23-26 May

Author(s): Strahinja Subotić / Language(s): English

2019 Elections - For the European Parliament 23-26 May

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Belgrade's EXPO 2027 - Shining Light and Shadows

Author(s): Ana Milinković / Language(s): English

Belgrade EXPO 2027 is set to be a momentous event for the city of Belgrade and the nation of Serbia. EXPOs are renowned international exhibitions that serve as platforms for countries to showcase innovative ideas and advancements, and foster international cooperation. Scheduled to take place in the capital city of Serbia, the EXPO 2027, setting the stage for an even more extensive global event – World EXPO 2030, is supposed to shine a spotlight on Serbia’s potential as a global player. Its purpose extends beyond showcasing advancements; it seeks to stimulate economic development, foster cultural exchange, and inspire innovation, thus building stronger diplomatic ties. According to the Government of Serbia, Belgrade EXPO 2027 is supposed to attract visitors and participants from around the world, offering a unique opportunity to celebrate Serbia's rich history and modernisation efforts. The Government also sees this event as Serbia's commitment to becoming an integral part of the global community and making a positive impact on the world stage. However, whether this vision will materialise as intended it remains uncertain, given challenges in financial transparency, legal frameworks, and the potential transformation of the old Belgrade Fair complex. This paper delves into the multifaceted aspects surrounding the upcoming Belgrade EXPO 2027, aiming to provide an in-depth analysis of its potential advantages and the underlying challenges that often remain obscured by the optimistic narratives prevalent in the domestic media. The paper explores the historical significance of World EXPOs, the particularities of EXPO 2027, and the economic, cultural, and infrastructural potential that this global event brings to the city and to Serbia. Additionally, it scrutinises the controversial aspects of EXPO 2027, such as the use of a special law, financial implications, and the future of iconic structures like Hall 1 (Hala 1) within the Belgrade Fair complex. By examining these complexities and potential issues, the paper seeks to shed light on the intricate dynamics of hosting an EXPO exhibition, offering recommendations for an approach that maximises the benefits while addressing the challenges, ultimately contributing to the balanced development of Serbia and its strategic positioning in the Western Balkans and the EU integration process.

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PREUGOVOR ALARM: REPORT ON THE PROGRESS OF SERBIA IN CHAPTERS 23 AND 24 (November 2020)

Author(s): Authors Various / Language(s): English

PrEUgovor’s monitoring of reforms in chapters 23 and 24 and certain political criteria of the EU accession process indicates that there has been no progress in most of the areas in the period May-October 2020. The reporting period began with the lifting of the state of emergency declared due to the COVID-19 pandemic, followed by general elections at the end of June, protests against the official management of the pandemic crisis in July, and the constitution of the National Assembly in early August, while the Government was formed only at the end of October. Although there was almost no normative activity due to the above circumstances, some important strategic documents were adopted, including the long-awaited revised Action Plans for Chapters 23 and 24.

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ASSESSMENT OF POLICE INTEGRITY IN KOSOVO 2015

Author(s): Plator Avdiu,Skender Perteshi / Language(s): English

The Kosovo Police is ranked by the citizens of Kosovo among the most trusted institutions; however, its independence and integrity require further improvement. There have been several occasions when the Minister of Internal Affairs, albeit indirectly, commented on police operations; this was noticed particularly during the 2015 protests in Kosovo against the Government. This raises the issue of depoliticization of the police force, as well as claims that the latter is influenced by the executive power. As regards other components of integrity, the Kosovo Police still does not possess the ‘integrity plan’ which would guide the most fundamental principles on enhancing accountability, impartiality and honesty. Bearing in mind that members of the police force are among the oldest in the region when it comes to average age, the early retirement of approximately 1,000 police officers and the recruitment of new ones will represent quite a challenge. There is also a need for better cooperation between the Kosovo Police and the State Prosecutor’s Office, the strengthening of professional capacities and human resources of the Police Inspectorate of Kosovo needed for inspecting and investigating the police, and for better supervision of the police activities by external oversight institutions, the Assembly of Kosovo in particular. This report aims to assess the integrity within the Kosovo Police and to address the key problems and challenges. Progress and regress in relation to police integrity is measured through six sections or indicators: the transparency of police work, the influence of political interests on the operational work of the police, human resources management, financial management, internal control and external oversight of police work. Given that this is a comprehensive study, it provides a qualitative analysis of the relevance of integrity principles, with the aim of keeping the Kosovo Police accountable, honest and ethical. The study revealed six major findings. (i) In general, the Kosovo Police is transparent in terms of providing information to the media and the public. The police Information and Public Relations Office is in charge of conducting all the activities related to transparency. However, the police are far from being perfect in this context. There should be far less bureaucracy when it comes to access, statistics, data and detailed information about its work. Therefore, the Kosovo Police should be more proactive to ensure its timely transparency concerning the requests from media, non-governmental organizations and other relevant parties.

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ASSESSMENT OF POLICE INTEGRITY IN MONTENEGRO 2015

Author(s): Dina Bajramspahić,Mario Sošić / Language(s): English

The integrity of the police in Montenegro has been compromised. The problems of bribery and misuse of office do not stand alone; there is also excessive use of force, passive professional behavior, extortion of statements, and political activity. Corruption is the second most common association of Montenegrin citizens when they are asked about the police, right after “security, safety and the protection of citizens,” and only 12 percent of the citizens believe that corruption does not run rampant in the police force of Montenegro. For the above reasons, the integrity of the police must become one of the priority areas of strategic further development of this service. There is a complex system of internal and external control of the police, which is characterized by insufficient cooperation and information exchange between the authorities in charge of oversight, insufficient effects of their controls, conclusions and recommendations, and by the citizens’ dilemma concerning the right authority to which to report abuse, corruption or overstepping of police powers, resulting from presence of too many actors. Although some progress has been made, supervisory authorities have not yet achieved necessary efficiency in the implementation of their powers. Reform of the Montenegrin police began shortly before the referendum on independence, through the enactment of the new Law on Police in October 2005. The Law on Internal Affairs of 2012 brought the Police Directorate back under the aegis of the Ministry of Interior, which resulted in reduced independence of the police concerning management and decision-making in many areas, from human resources and finance, to transparency. In this report we have presented the results of a study which aims to contribute to the improved functioning of the police, and increase the public trust and confidence in its work, which - as in all the Balkan countries – stands at quite a low level. The report is divided into six thematic sections: the first three relate to the issues of transparency, depoliticisation and management of human resources. The following three chapters deal with financial management and public procurement and the repressive measures for establishing the liability of employees, and analyze the work and results of all the actors in charge of internal and external control of police work. Each chapter is followed by recommendations for improvement within the specific area.

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ASSESSMENT OF POLICE INTEGRITY IN SERBIA 2015

Author(s): Alisa Koljenšić Radić / Language(s): English

The integrity of the police in Serbia has been compromised. Only four percent of Serbian citizens believe that there is no corruption in the police force. The fight against corruption in the police became a “target” of the European Commission because the police has been identified in the Screening Report for Chapter 23: Judiciary and Fundamental Rights as a particularly sensitive area when it comes to corruption. Only one out of 23 Anti-Corruption Strategy activities listed in the Action Plan under section “Police” was implemented in full and within the set deadline. All this indicates the presence of a problem of accountable policing. Ministry of Interior has recognized the problem of compromised integrity of the police, and that is good. New strategic MoI priorities have been established: strengthening the accountability of the police and the internal control mechanisms to suppress corruption in police ranks. Consequently, the police reform in 2015 was marked by (i) drafting the new Law on Police, which will introduce new anti-corruption measures such as verification of the property of police officers in leading positions, and (ii) the establishment of an effective human resources management system in the MoI. The seriousness of this job may also be gleaned from the fact that adoption of the new Law on Police had been proposed three times already during this year, and that the new Human Resources Sector, as the main proponent of reform in this area, has yet to become operational even though changes in the human resources management had begun four years ago. This Report presents the results of monitoring the integrity of the police service in Serbia. Research indicates whether and to what extent the MoI and the police are behaving responsibly, i.e. whether the established strategic objectives and statutory functions are implemented in practice. The study offers an analysis of the integrity of the police using specific methodology for assessing the integrity of the police in six areas in which legal and practical weaknesses that may jeopardize such integrity have been examined: the transparency of police work, the influence of political interests on the operational work of the police, human resources management, financial management, internal control and external oversight of police work. Special emphasis was placed in the Report on the analysis of the solutions contained in the Draft Law on Police

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ASSESMENT OF POLICE INTEGRITY IN ALBANIA 2016

Author(s): Besjana Kuci,Eranda Begaj / Language(s): English

The adoption of the judicial reform package in July 2016 has been marked as the first concrete step in strengthening the rule of law and progress towards the European pathway. It goes without saying that the judicial reform is considered a panacea in the fight against corruption at all levels. Yet, in Albania, experience has proved that the enactment of legislation does not always match its implementation and that political will does not always coincide with genuine commitment to overcome the status quo. Hence, the focus on the judicial reform has virtually eclipsed police integrity concerns. Corruption is still largely widespread in many areas despite the anti-corruption measures in place. In this regard, this report aims to assess police integrity and examine its compliance with the principles of good governance and accountability. During this year police integrity has been compromised by problems of bribery and misuse of office, excessive use of force, passive professional behaviour and allegations of links to drug trafficking. Therefore, police integrity must become one of the priority areas of further strategic development of this service. There is a complex system of internal and external controls of the State Police (SP) in place, but it is characterised by insufficient cooperation and information exchange between the authorities in charge of oversight as well as insufficient implementation of their conclusions and recommendations. Moreover, the citizens tend to be confused about the proper channels and authorities to whom to report corruption or misconduct, as a consequence of presence of too many actors. Although some progress has been achieved, mainly with regard to the adoption of the legal framework on anti-corruption, oversight authorities have not yet achieved necessary efficiency in the implementation of their powers. The Law on SP of 2014 has been followed by the endorsement of a legislative package including the new State Police Regulation (2015), the Strategy on Public Order 2015- 2020 and its Action Plan 2015-2017 that lay down statutory gurantees concerning the prevention of corruption within the State Police. Moreover, the Law on Internal Affairs and Complaints Service, enacted in 2014, repealed the former Law on Internal Control Service. This Law had provided explicit provisions with regard to the fight against corruption in the police.

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THE ASSESSMENT OF POLICE INTEGRITY IN BOSNIA AND HERZEGOVINA 2016

Author(s): Mirela Hodović / Language(s): English

Due to the complexity of the police system, the integrity of police in Bosnia and Herzegovina is difficult to review. All police institutions have, however, established external mechanisms of oversight and control. Still, the majority of these oversight bodies do not sufficiently use the existing communication resources, which negatively affects the transparency of their work, while independent bodies have no direct authority to conduct investigations against police officers. Internal control mechanisms in all law enforcement agencies provide a good framework for control of the legality of police work. Certain ambiguities however do exist in practice and are related to the independence and objectivity of the work of heads of departments for internal control; they are appointed by their immediate superiors and are directly accountable to said superiors for their work. Insufficient progress of internal control bodies has also been observed in terms of their contribution to determining criminal and misdemeanour liability of police officers and their transparency of work. Police institutions in Bosnia and Herzegovina do not pay adequate attention to human resources management, where the greatest concerns revolve around integrity. There are no separate, comprehensive or integrated strategies or organisational units which would deal with all the aspects of human resource management in one place. Internal regulations allow managers to directly affect employees' career advancement. Internal control units are sometimes prevented by their superiors from performing their job effectively. All this ultimately de-stimulates the employees and reduces the efficiency of the police institution as a whole. The public procurement system is still underdeveloped. Public procurement frequently suffers from lack of adequate administrative capacity because law enforcement agencies do not have enough employees working on public procurement; under such conditions, planning and implementation of public procurement becomes a very difficult task. Findings of auditors show that public procurement procedures in police sector institutions are generally not carried out in the most efficient manner and/or in accordance with the Law on Public Procurement.

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ASSESMENT OF POLICE INTEGRITY IN KOSOVO 2016

Author(s): Plator Avdiu / Language(s): English

Kosovo Police has built its own internal governing mechanisms, especially related to internal control. However, there is still a lot to be done to make all those mechanisms more professional and stronger, and build the institutional integrity in order to prevent and fight police corruption. It seems that the main challenges that Kosovo Police faces are human resource management, the internal reform process, public procurement and prevention of abuse of official duty by the police officers. The need to professionalize KP’s human resources raised the need to undertake reforms in this institution of security starting from early retirement of police officers, which has not begun as a process yet. Weaknesses have been identified regarding updates of the files of KP’s personnel. Work performance assessment does not take place regularly for the police employees. In addition, the Kosovo Police personnel does not have any health insurance or life insurance in their workplace, which may harm its human resources. Public Procurement is another field where Kosovo Police should focus. It should pay special attention to legal procedures as defined by the Law on Public Procurement for the supervision of contracts and different projects, which get implemented by economic operators. Similarly, relevant institutional mechanisms should be strengthened in order to avoid those weaknesses reported regarding the process of preparation of tender documentation. Kosovo Police jointly with the Kosovo Police Inspectorate should closely collaborate to draft and implement policies in the area of prevention and combating police corruption. In this regard, lack of a Kosovo Police Integrity Plan, and lack of an action plan for its practical implementation, may harm all efforts to strengthen police integrity. Meanwhile, the role of Kosovo Police Inspectorate to supervise the Kosovo Police should be active, specifically related to the inspection and investigation of police officers, including those in high ranks and at the management level of the Kosovo Police.

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