Department on legal affairs (DLA)

Pursuant to the Regulation No.01/2016 on Internal Organization and Systematization of Job Positions (Articles 22 and 23), adopted pursuant to Articles 3 and 37 of Law no. 05/L-019 on Ombudsperson, establishment and functioning of the Sector of Investigation and Legal Service as well as of the Department of Legal issues is foreseen.

 

Sector on Investigation and Legal Service

 

Duties and responsibilities of the Sector are as follows:

 

• Examines and analyzes implementation of primary and secondary legislation as well as standards and recommendations of national and international mechanisms in the field of protection, monitoring and promotion of human rights and freedoms.
• Prepares proposals, presents initiatives and recommends promulgation of new laws in Parliament, and / or amendment of laws in force and issuance or amendment of administrative and sub-legal acts by institutions of the Republic of Kosovo.
• Provides general recommendations on functioning of justice system, in particular the judicial system, without intruding on cases and other legal procedures that are taking place before Courts, except cases of delays in the proceedings.
• Initiates matters with the Constitutional Court in accordance with the Constitution and the Law on Constitutional Court.
• Offers good services to all residents of the Republic of Kosovo as well as other people residing outside the territory of the Republic of Kosovo.

Sector of Investigation and Legal Service is run by one of the Deputies of the Ombudsperson, appointed by the Ombudsperson.

 

Sector on Investigation and Legal Service is composed of the Department for Legal Issues.

 

Department on Legal Issues

 

Duties and responsibilities of the Department on Legal Issues are as follows:

 

• Conducts investigation and examines implementation of laws, regulations and standards as well as recommendations of national and international mechanisms in the field of protection and promotion of human rights and freedoms.
• Prepares and expresses opinions in the process of preparation of draft laws and other regulations, relating to the protection of human rights and freedoms.
• Prepares recommendations for promulgation of new laws in Parliament, amending laws in force and issuance or amendment of administrative and sub-legal acts by institutions of Republic of Kosovo.
• Recommends harmonization of legislation with international standards on human rights and freedoms to the Assembly and to Kosovo Government, as well as their effective implementation.
• Initiates with the Constitutional Court the issue of compatibility of Laws, President’s and OPM’s Decree as well as of Government Regulations and Municipal Statute with the Constitution.
• Provides advices and gives recommendations to any natural or legal person concerning compatibility of laws and sub-legal acts with internationally accepted standards of human rights and freedoms.
• Counsels and recommends the Republic of Kosovo authorities on their programs and policies to ensure protection and promotion of human rights and freedoms in the Republic of Kosovo.
• Initiates an administrative proceeding or participates in it in order to protect public interest, which may be affected by an administrative proceeding.
• Commences administrative conflict, on public interest protection, if considers that through administrative act violation of any right or any direct or indirect interest has occurred, based on this law.
• Informs the competent authority for initiation of criminal investigations, if during the investigation finds that elements of the offense exist.
• Initiates the procedure, with prior consent of the complainant, whose rights and freedoms has been violated.
• Starts own initiative procedure concerning violation of rights and freedoms of a greater number of citizens, children or persons with lost abilities to act.
• Gives general recommendations on functioning of judicial system, without interfering into other legal procedures and cases that are taking place before the Courts, except cases of delays in the proceedings.
• Appears in the capacity of friend of the court (amicus curiae) in litigations dealing with human rights, equality issues and protection from discrimination.
• Assists also through mediation and conciliation, in the process of supervision and protection of human rights.
• Assists citizens on achieving the right to accessing necessary documents denied to them and on accomplishing the unhindered right of access to public documents.

The Department is run by Director of the Department who responds and reports to the Ombudsperson and Deputy Ombudsperson.

 

Systematization of job positions in the Department includes three (3) positions:

 

• Director
• Senior Legal Advisor for Legal Issues
• Legal Advisor for Legal Issues