Legal framework regulating certain matters of administrative proceedings in the territory of the Autonomous Province of Kosovo and Metohija

• Main Author: Denović Miloš D.
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2017-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: administrative procedure; legal means; kosovo and metohija; brussels agreement
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2017/0550-21791701009D.pdf

The Law on Administrative Procedure of Kosovo represents a step forward concerning the Law on Administrative Procedure of SFRY, which has been applied since international forces came to the province as part of the peacekeeping mission. On the other hand, this positive initial step has not been taken in the best possible way. Numerous shortcomings of this law, which are apparent in the very text of the law, confuse the correct understanding of modern solutions and institutes of administrative procedure by the legislator. These shortcomings arise from the fact that some of the basic principles that represent the pillar of the modern administrative procedure have not been prescribed, then from the inappropriate translation of the text of the law into the Serbian language, that the institute of administrative appeal is regulated in such a way as to contain numerous contradictions and ambiguities, as well as the failure of the provisional self-government bodies in Kosovo, according to the SIGMA Report on the harmonization of the Law on Administrative Procedure of Kosovo with the principles and the rules of the so-called European Administrative Space. Therefore, it is of the first importance to proceed as soon as possible with the amendments and supplements to the aforementioned provincial law and its alignment with the modern institutes in the field of administrative procedure. After the adoption of amendments to the existing law, it is of paramount importance to provide a proper translation of the proofread text of the law into the Serbian language. So as to achieve this goal, it is necessary to hire authorized translators and proofreaders, and especially legal experts with good knowledge of administrative procedure. Only with a terminologically and linguistically correct normative arrangement of the administrative law is it possible to provide preconditions for the realization of the principle of equality of all citizens before public administration bodies in the territory of Kosovo and introduce the concept of service administration in contrast to the concept of regulatory and security administration, which is currently in effect. Particular attention of the community of experts should be paid to the efforts of correcting shortcomings of the Law on Administrative Procedure of Kosovo, primarily due to the need to protect the Serbian population in this territory, their rights and interests when they appear before the public administration bodies in Kosovo as interested parties, and to provide them with each type of assistance and support for their protection.