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Author: Qosaj-Mustafa, Ariana

Title: Strengthening Rule of Law in Kosovo: The Fight Against Corruption and Organised Crime

Summary: Since its declaration of independence in 2008, Kosovo has undergone a number of state-building processes. In strengthening its capability and legitimacy towards citizens, it has been failing to meet up with societal expectations, particularly in ensuring rule of law governance. Fragile states struggle with development, weak economic investments and face difficulties in their democratic performances. In order to build a resilient state for its citizens, states should undertake continuous check efforts and evaluations to measure the level of their performance. In this regard, KIPRED has analysed Kosovo's current response to organised crime and corruption, in order to support the process of building a resilient state for its citizens. The past United Nations administration (UNMIK) failed to offer Kosovo's citizens an administration that prioritised respect for the rule of law. In the post-independent Kosovo there are increasing calls by civil society, media and international community players that Kosovo should strengthen its rule of law performance in order to strengthen its capability and legitimacy. Societal expectations in particular have been rising with the recent developments in the investigation of organised crime and corruption in Kosovo. The raising of expectations has come as a consequence of almost 10 years of hesitation by the UN mission to investigate and fight organised crime and corruption leading to the impunity of criminals. The UN justified its failure to fight organised crime and corruption because of the pressures exercised by powerful foreign countries in order to preserve 'peace and stability' in Kosovo. In addition, the recent investigations kicked off by the EULEX Rule of Law Mission in Kosovo and their declarations on the hunt against 'big fishes' further increased social expectations and support for their acts. These actions also spurred debates around the will and the capacities of the mission and of Kosovo authorities to end almost 10 years of impunity in fighting organised crime and corruption. KIPRED has undertaken this analysis in order to evaluate the current response of Kosovo's authorities and the EU Rule of Law Mission towards organised crime and corruption in ensuring full respect for rule of law in Kosovo. At this crucial phase of its state building process, Kosovo will need to seriously show that it will tackle the problems of organised crime and corruption. This all has to happen in order to ensure full respect for rule of law that will remain as one of key priorities for a Kosovo aiming European Union accession in the coming years. This policy paper looked at the level of current response by analysing the regulation and enforcement capacities existing in Kosovo' judicial, prosecutorial and police services to investigate and fight organised crime and corruption. It closely looked at the executive government response and support provided to judicial, prosecutorial and police services. It does not evaluate the administrative capacities to fight corruption in depth but rather focuses on the judicial and prosecutorial capacities. The paper also identifies main challenges and proposes practical ways forward in overcoming the gaps identified.

Details: Prishtina, Kosovo: Kosovar Institute for Policy Research and Development (KIPRED, 2010. 35p.

Source: Internet Resource: Policy Paper 2010/8: Accessed August 28, 2015 at: http://www.kipred.org/repository/docs/Strengthening_Rule_of_Law_in_Kosovo-_The_Fight_Against_Corruption_and_Organised_Crime_602831.pdf

Year: 2010

Country: Europe

URL: http://www.kipred.org/repository/docs/Strengthening_Rule_of_Law_in_Kosovo-_The_Fight_Against_Corruption_and_Organised_Crime_602831.pdf

Shelf Number: 136606

Keywords:
Corruption
Kosovo
Organised Crime