The Legislative Strategy 2011 is approved with 148 draft laws

24/03/2011

If we look at the level of accomplishment of legislation strategies since 2008, we can ascertain that the Kosovo Government was never able to approve draft-laws as foreseen by the Legislative Strategies. The Legislative Strategy of 2008 was implemented up to 76%, the one of 2009 was implemented at 44.8%; while the Legislative Strategy of 2010 was implemented at only 41.9%.

This year the Government has only nine months to proceed with these draft laws in the Assembly, as until the end of March 2011 only one draft law was forwarded to the Assembly: The Draft-law on the Budget of 2011.   

 

The Kosovo Government, in its 5th meeting held on March 16th 2011, approved the Legislative Strategy for 2011. Due to the election process, this strategy was approved in March, in comparison with the two previous strategies (those of 2009 and 2010) which were approved in December. Even with the Regulation on the Work of the Kosovo Government, Article 24.1, states that in December of each calendar year the Government will approve the legislative strategy that includes draft laws which are expected to be considered in the following year.   

The Legislative Strategy of the Government is one of the most important documents of the government and as such serves to plan the work of the executive and legislative branches. The Legislative Strategy 2011 includes a total of 148 draft laws. This is the largest strategy ever approved. A large number of draft laws in the Legislative Strategy 2011 have been transferred from the strategy of the previous year. Due to the dissolving of the Kosovo Assembly at the begging of November 2010, the Government did not achieve to have the planned draft laws for November and December approved. While according to the Regulation on the Work of the Kosovo Assembly, the draft laws which were in processing for consideration during the third legislation term, and have not been approved, should be returned to the Government.        

If we consider the level of implementation of legislative strategies since 2008, we can ascertain that the Government of Kosovo was never able to approve draft laws as foreseen by the Legislative Strategy. The Legislative Strategy of 2008 was implemented up to 76%, the one of 2009 was implemented at 44.8%; while the Legislative Strategy of 2010 was implemented at only 41.9%. It is difficult to believe that the Legislative Strategy 2011 will be able to be implemented above the 50% mark. The last three years have shown that Kosovo Assembly cannot process more than 30-40 draft laws a year, while the Kosovo Government cannot process more that 57 draft laws (if we exclude 2008 here, when the laws foreseen by the Ahtisaari Plan were approved with a two day fast-track procedure). This year the Government has only nine months to forward these draft laws to the Assembly, as up until the end of March 2011 only one draft law was forwarded to the Assembly: The Draft-law on the Budget 2011.     

Considering the legislative strategy to be an important public document, and seeing that this document has many deficiencies in its preparation and implementation, in 2010 GAP published an analysis titled 'Facts on the Legislative Strategy – implementation and effects in the work of the Assembly and the Government”, through which we have required that the Government prepares a strategy with less draft laws, the Assembly to put pressure on the Government that draft laws of a higher priority to be forwarded in time to the Assembly, and a better cooperation to exists between the Government and the Assembly on the prioritisation of legislative strategies.