Kosovo Assembly Secretary-General position held in acting capacity for more than three years, all deadlines exceeded

The position of Secretary-General of the Kosovo Assembly remains vacant despite several attempts to appoint someone to serve a full term. No appointment was made following the latest recruitment process either, prompting calls for changes to the selection procedure, while the Kosovo Law Institute says that all statutory deadlines have already been exceeded, Teve 1 reports.

Over the past two years, the Kosovo Assembly has launched three recruitment procedures for the position, but none resulted in the appointment of a Secretary-General for a full term, meaning that the post continues to be held in an acting capacity.

The latest recruitment process concluded on November 2, but neither Taulant Bajrami nor Besnik Ismaili was selected for the position.

Bajrami, who was a candidate on all three occasions, believes that the Assembly’s Rules of Procedure governing the selection of the Secretary-General should be amended.

“I will propose to the Presidency of the Kosovo Assembly that the Rules of Procedure be amended, because the provisions governing the selection of candidates appear to have turned into an unnecessary procedural obstacle. After all, if the Assembly itself appoints expert commissions and then disregards their assessments and recommendations, why do we continue with all these formalities?” Bajrami said, according to Teve 1.

The Kosovo Law Institute says that the Kosovo Assembly has already exceeded all statutory deadlines for appointing a Secretary-General.

Qemajl Marmullaku of the Institute pointed out that the Secretary-General is the senior management position for civil servants within the Assembly and that leaving the position unfilled represents a significant impediment to the functioning of the Kosovo Assembly.

“This is also contrary to the applicable regulations, because the Law on Public Officials specifies the relevant time limits—namely, how long the procedure may last and how long a senior management position may be held in an acting capacity. The Assembly has therefore exceeded all deadlines prescribed by law. When an institution that is the country’s highest legislative body and is supposed to safeguard the implementation of the law acts in this manner, it sends a poor message to other institutions as well as to citizens,” Marmullaku said.

The Institute also assesses that the consequences of such prolonged delays go beyond the mere fact that the position remains unfilled.

“First and foremost, the fact that an acting official has been performing the duties of the position beyond the time limits prescribed by law may also give rise to legal liability for acts or omissions by the Assembly, its bodies, the President of the Assembly, as well as the Acting Secretary-General himself, since their acts or omissions may entail legal responsibility,” Marmullaku said.

November 4 marked three years and five months since the Kosovo Assembly last had a Secretary-General serving a full term.