GAP Institute, INDEP and GLPS: Haradinaj Government to stop the practice of unlawful decisions

In the first four months of the Haradinaj Government, this is the fourth public reaction given by INDEP, GAP Institute and the GLPS to demand compliance with laws and cancel all unlawful decisions.

The Government of the Republic of Kosovo on January 12, 2018 has taken the decision on the appointment of two members on the board of the NPH "Ibër Lepenci" Sh.A. Such appointments are political and contrary to Law no. 03 / L-087 on Publicly Owned Enterprises. The Prime Minister of Kosovo is violating the same provisions that we have denounced in the Anti-Corruption Agency (ACA).

The Government itself cited the opinion of the ACA dated January, 15 2015 confirming the legal violations when appointing board members of public enterprises. Now, with these decisions, the Government is doing exactly the same thing that the previous government had done, appointing the closest politicians and people that the law forbids the appointment to boards of public enterprises.

For a long time, INDEP, GAP Institute and GLPS have publicly reacted against the politicization of public enterprises and against decisions that violate the law, respectively Article 17.2 (k) of Law No. 03 / L-087. Law no. 03 / L-087 on Publicly Owned Enterprises is clear in the wording that:

17.2 All directors except the CEO must be independent. A person shall not be regarded as independent and shall not be eligible for election as a director of a POE if such person: a) is currently an officer or manager of the concerned POE, or has in the past five (3) years been an officer or manager of the concerned POE;… k) is, or at any time during the 36-month period immediately preceding the date of his application, has been (i) an elected public official, (ii) a political appointee or (ii) the holder of a leading or decision-making position in a political party.

Also, the Law has clarified what is meant by "political appointees" in the sense of the Law.

Politically Appointed - means a person who is nominated or nominated by a Political Entity as a candidate for an elected post.

In its decision of January 12, 2018, the Government appointed Mr. Muharrem Xhemajli as a director of the board of public enterprise "Ibër Lepenci" Sh.A, although he had been a candidate for deputy in the last parliamentary elections. The law sanctions such a thing since it cannot be independent according to the legal requirements Government Decision No. 02/24 is in direct contravention of Law No. 03 / L-087 on Publicly Owned Enterprises. We call on the Government of the Republic of Kosovo to cancel this decision and to elect professional people instead of political candidates, party members and political militants.

Politicalization of public enterprises seriously damages the institution of the public competition, the right to equal treatment of citizens and the legislation in force. We are seeing its consequences in the ever-declining performance of these enterprises, in increasing corruption and in services to the increasingly weak public. Depoliticizing and putting legality on the appointments of board members of public enterprises is an obligation of the integration process, namely of the European Agenda for Reforms.

Also, INDEP, GLPS and GAP Institute will send Decision No. 02/24 of the Government of Kosovo to the Anti-Corruption Agency.