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06.9.2016

Ombudsperson’s opinion related to the matter of recognition and verification of the status of veterans of the Kosovo Liberation Army

With the intention to provide a suitable legal solution, after a long debate and dissatisfactions exposed related to the work of the Government Commission for Recognition and Verification of the Status of Veterans of Kosovo Liberation Army, the Ombudsperson has published today an Opinion regarding the appealing procedures of administrative decisions regarding this issue.


On 1 June 2016, the Government of the Republic of Kosovo has adopted a decision no. 05/90, through which it has approved the Commission’s Report on Recognition and Verification of the Status of Martyrs, Invalids, Veterans, Members or the Internees of KLA, by approving the list presented by the Commission and leaving the possibility open for review and approval of the final list in the future.


 


In his Opinion, the Ombudsperson ascertains that the above given Decision is not in compliance with the legislation at effect and as such violates the rights of regular procedure of the status of war veteran.


 


The Ombudsperson considers as necessary that the Government of Republic of Kosovo should review the work of the Government Commission as per legal provisions relating to the deadlines, the absence of which disables the right of appealing against the decision issued by the Government Commission for Recognition and Verification of the Status of Martyrs, Invalids, Veterans, Members or the internees of Kosovo Liberation Army. Determination of deadlines enables the right of appealing before a Competent Court as the Law on Administrative conflicts foresees, the purpose of which is judicial protection of rights of natural and legal persons, interests which might have been violated by individual decisions or by actions of public administration organs.


 


On the other hand, the Ombudsperson considers that the amendment of the Regulation on Government Commission is needed, as per provisions which determine deadlines for issuing decisions of the Government Commission, after the appeal and particularly determining the nature of decisions of the Special Committee for appeals’ review (deciding through the final administrative act).


 


Furthermore, the Ombudsperson considers as necessary amendment of the Regulation on Government Commission in respect of the composition of the Special Committee for appeals’ review. Currently, members are elected among the members of Government Commission, who have also issued a first instance decision, which presents inappropriate alternative.


Full Opinion has been disseminated to media today and can be found in OI web page (HERE)

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