The Ombudsperson, within the scope of exercising his legal powers and responsibilities, among others, reviews and examines implementation of the legislation. In the course of the Ombudsperson Institution’s work, several cases have been observed where a certain situation is covered by two or more normative acts. The Ombudsperson noticed that the way how priority is set between normative acts has significant implications on human rights.

Aim of this Ombudsperson’s report is to present three general principles: the special normative act derogates the general normative act; the following normative act derogates the previous normative act, and the highest normative act derogates the lower normative act (lex specialis derogat legi general, lex posterior derogat legi priori and lex superior derogat legi inferiori). The report also aims to guide to which normative acts priority should be given in a certain situation covered by two or more such acts and to explain the importance of these principles for the protection of human rights, rule of law and democracy, by disclosing concrete examples from Ombudsperson’s experience and to explain how these three interpretative principles solve these cases.

On this occasion the Ombudsperson has recommended that the:

3. Supreme Court, based on Law No. 03/L-199 on Courts, Article 22, par. 1, sub-paragraph 3 (“Supreme Court. . . defines principled attitudes and legal remedies for issues that have importance for unique application of Laws by the courts in the territory of Kosovo”) promulgates a legal opinion instructing all regular courts to interpret and enforce normative acts in accordance with the three interpretative principles (lex specialis derogat legi generali, lex posterior derogat legi priori and lex superior derogat legi inferiori) and to apply the proposed rules in this Report in cases of conflict between these principles;
4. The Prime Minister, based on the Constitution, Article 94, par. 3 (“Prime Minister ….ensures the implementation of laws”), issues an administrative act instructing all governmental institutions and agencies to interpret and implement normative acts in accordance with the three above stated principles and to apply the proposed rules in this Report in cases of conflict between these principles; and
5. Institutions and independent agencies interpret and enforce normative acts pursuant to three above stated principles and to apply the proposed rules in this Report in cases of conflict between these principles.

This Recommendation Report has been delivered to the responsible authorities; the same has been disseminated to media and published on OI official web page, at: