The Right to Good Administration in the Republikc of Kosovo
Session
Law
Description
This scientific paper aims to examine the right to good administration as a fundamental guarantee of protection of citizens rights, as a right which defends us against the arbitrary administrative decisions in the Kosovo. This paper aims to answer the following question: how can we improve good administration in the Republic of Kosovo? Under Charter of Fundamental Rights of the European Union Article 41 is guaranteed Right to good administration. Additionally, Constitution of the Republic of Kosovo Chapter II defines and guaranteed Fundamental Rights and Freedoms. Furthermore, the right to good administration is upheld through administrative procedure, judicial review and public liability. In regrade, The Principles of Public Administration (2023) endorsed by the OECD and the European Commission, sets out what good public governance entails in practice and outlines the main requirements to be followed by countries during the European Union (EU) integration process. Thus, Law No. 05/L-031 on General Administrative Procedure (LGAP)meets the minimum standards of good administration. This right includes: the basic rights of the parties, the right of access to files of the proceedings, the right to be heard prior to final decision and the right to appeal first-instance decisions. In this regard, administrative appeal may also be lodged against administrative inaction, if the public institution has kept silent past the statutory deadline. In this study, analyse the possibility to encode the fundamental principles of the good administration, to modernize the public administration in Kosovo. Furthermore, this study substantiates the need for the legal reform. Methods: In this study, various methodologies are employed, including qualitative, analytical, comparative-legal, descriptive and quantitative (statistical) methods. The results provide insights that the general framework for administrative proceedings how Law No. 05/L-031 on General Administrative Procedure and harmonisation of other procedural laws with the LGAP is not the right solution. For this reason, the authors substantiate the necessary to approved for the Code for Administrative Procedure for putting the principle of good administration into practice, protection of citizens rights and good governance.
Keywords:
The Constitution, human rights, control, public administration, right to good administration
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-982-41-2
Location
UBT Lipjan, Kosovo
Start Date
25-10-2025 9:00 AM
End Date
26-10-2025 6:00 PM
DOI
10.33107/ubt-ic.2025.245
Recommended Citation
Shala, Mervete and Shala, Xhavit, "The Right to Good Administration in the Republikc of Kosovo" (2025). UBT International Conference. 8.
https://knowledgecenter.ubt-uni.net/conference/2025UBTIC/LAW/8
The Right to Good Administration in the Republikc of Kosovo
UBT Lipjan, Kosovo
This scientific paper aims to examine the right to good administration as a fundamental guarantee of protection of citizens rights, as a right which defends us against the arbitrary administrative decisions in the Kosovo. This paper aims to answer the following question: how can we improve good administration in the Republic of Kosovo? Under Charter of Fundamental Rights of the European Union Article 41 is guaranteed Right to good administration. Additionally, Constitution of the Republic of Kosovo Chapter II defines and guaranteed Fundamental Rights and Freedoms. Furthermore, the right to good administration is upheld through administrative procedure, judicial review and public liability. In regrade, The Principles of Public Administration (2023) endorsed by the OECD and the European Commission, sets out what good public governance entails in practice and outlines the main requirements to be followed by countries during the European Union (EU) integration process. Thus, Law No. 05/L-031 on General Administrative Procedure (LGAP)meets the minimum standards of good administration. This right includes: the basic rights of the parties, the right of access to files of the proceedings, the right to be heard prior to final decision and the right to appeal first-instance decisions. In this regard, administrative appeal may also be lodged against administrative inaction, if the public institution has kept silent past the statutory deadline. In this study, analyse the possibility to encode the fundamental principles of the good administration, to modernize the public administration in Kosovo. Furthermore, this study substantiates the need for the legal reform. Methods: In this study, various methodologies are employed, including qualitative, analytical, comparative-legal, descriptive and quantitative (statistical) methods. The results provide insights that the general framework for administrative proceedings how Law No. 05/L-031 on General Administrative Procedure and harmonisation of other procedural laws with the LGAP is not the right solution. For this reason, the authors substantiate the necessary to approved for the Code for Administrative Procedure for putting the principle of good administration into practice, protection of citizens rights and good governance.