Legal framework for citizen participation in decision-making processes at the local level - the context of Kosovo
Author | Avni H. Alidemaj |
Position | International Business College of Mitrovica (IBC-M) |
Pages | 115-129 |
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 4 No. 2
June, 2020
ISSN 2519-1284
Acces online at www.iipccl.org
115
Legal framework for citizen participation in decision-making processes at the
local level - the context of Kosovo
PhD(C.) Avni H. Alidemaj
InternationalBusinessCollegeofMitrovicaIBCM
Abstract
Public participation is essential to the promotion of democratic governance, the rule of law,
socialinclusionand economicdevelopmentincluding thefulllmentof humanrightsEach
countryshouldcreatethelegalframeworkforgivingeecttotherighttoparticipateinpublic
aairs by ratifying relevant international and regional treaties and incorporated them in
national laws, policies and practices in order to ensure that equal right to participate in public
aairsis recognized and protectedwithin national legal frameworkDespite being afairly
young democracy, Kosovo has a progressive legal framework. It has been developed with a
strong support of the international community whereby majority of international instruments
areincorporatedwithinconstitutionalprovisionsandnumerouspositivelawsConsequently
the right to participate is entrenched in constitutional provisions, laws and bylaws of Kosovo.
ThispaperexplainstheeortsundertakeninKosovotoincreasetheparticipationofcitizensin
decision-making process using: normative legal method and qualitative method, by focusing
onthespecicanalysis ofthelegalframework forcitizenparticipationby comparingitwith
establishedpracticeswhichareoeninconictwith thelegalbasisasaresultofinterference
by political institutions.
Keywords: public administration, transparency, political interference, public consultation,
public policy.
Introduction
Good governance rule of law and an accountable and transparent public
administration are regarded as key to the realization of sustained economic growth,
equity and social justice, and to strengthening implementation of the internationally
agreeddevelopmentgoalsincluding theMillenniumDevelopmentGoalsMDGs
Public participation plays a crucial role in the promotion of democratic governance, the
rule of law, social inclusion and economic development, including the advancement
of all human rights. The right to directly and indirectly participate in public life is
important in empowering individuals and groups, and is one of the core elements
of human rights-based approaches aimed at eliminating marginalization and
discrimination. Participation rights are closely linked to other human rights such as
therightsto peacefulassemblyand associationfreedomof expressionandopinion
and the rights to education and to information.
1 United Nations. (2008). People Matter: Civic Engagement in Public Governance - world Public Sector
Report 2008. Department of Economic and Social Affairs, New York, pg. 3.
2
affair. Available at: https://www.ohchr.org/EN/Issues/Pages/EqualParticipation.aspx [Accessed on April 28,
2020].
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