The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead

摘要

The private persons in any democratic state should have a right to dispute the administrative decisions affecting their rights, freedoms or interests before (among others) competent independent courts. It is the key precondition for the principle of transparent and responsible public administration as an integral part of democratic governance. In addition to the “judiciary control of the administrative decisions”, the private persons` human rights against the public administration may be also protected through the Ombudsman office. The increasing importance of the afore mentioned issues relating public administration and the various types of control of the administrative acts been long time ago reflected in the mandate of almost all of the key international inter-governmental organizations, especially the European ones including the Council of Europe, the European Union and the OSCE. The establishment of both effective public administration and administrative justice system has been for a long period of time among the most “important and urgent” final strategic objectives of almost any country in the Balkans region, including Albania, Macedonia and Kosovo. This process included (among others) establishing European-like Ombudsman offices in these countries. Against the above background the present paper firstly explains why the administration action must be controlled by the public, and it then outlines the European Right of Good Administration, the Ombudsman Office`s mandate. This is then followed by presenting the concept of European Administrative Space in terms of the Role of the OECD-SIGMA in Developing the Standards of Good Administration. Against the preceding sub-sections the paper further presents the basic legislative framework for action of the National Ombudsman Offices in Albania, Macedonia and Kosovo, which is then followed by a short review of the actual state of play of the Principle No.2 of the SIGMA European Principles for Public Administration (as specifically related to the accountability) in the three countries, on the basis of the relevant international monitoring reports, including the most recent EU Commission`s Progress Report on those countries. The paper finally concludes that Albania, Macedonia and Kosovo all have already established the basic legislative framework for establishing their national administrative judiciary system alongside which there is the one related to their own national Ombudsman office as well, while all of them are still more or less far from being fully in line with the principle No.2 of the SIGMA European Principles for Public Administration (as specifically related to the accountability). As to later, the paper particularly stresses that Albania, Macedonia and Kosovo have (more or less) adopted rules on independent status, functioning and powers of their own ombudsman office and other oversight institutions in line with the relevant international standards, but their administrations are still too far of being ready and willing to fully implementing the ombudsman institutions` recommendations. The fully implementation of the above Principle No.2 is therefore one of the most important and serious present challenges for Albania, Macedonia and Kosovo on their individual road towards the EU membership, in terms of building up their individual European administrative capacity.