Independent Institutions

Article 132 [Role and Competencies of the Ombudsperson]

1. The Ombudsperson monitors, defends and protects the rights and freedoms of individuals from unlawful or improper acts or failures to act of public authorities.

2. The Ombudsperson independently exercises her/his duty and does not accept any instructions or intrusions from the organs, institutions or other authorities exercising state authority in the Republic of Kosovo.

3. Every organ, institution or other authority exercising legitimate power of the Republic of Kosovo is bound to respond to the requests of the Ombudsperson and shall submit all requested documentation and information in conformity with the law. 

Article 133 [Office of Ombudsperson]

1. The Office of the Ombudsperson shall be an independent office and shall propose and administer its budget in a manner provided by law.

2. The Ombudsperson has one (1) or more deputies. Their number, method of selection and mandate are determined by the Law on Ombudsperson. At least one (1) Deputy Ombudsperson shall be a member of a Community not in the majority in Kosovo.

Article 134 [Qualification, Election and Dismissal of the Ombudsperson]

1. The Ombudsperson is elected by the Assembly of Kosovo by a majority of all its deputies for a non-renewable five (5) year term.

2. Any citizen of the Republic of Kosovo, who has a university degree, high moral and honest character, distinguished experience and knowledge in the area of human rights and freedoms, is eligible to be elected as Ombudsperson.

3. The Ombudsperson and Deputy Ombudspersons shall not be members of any political party, exercise any political, state or professional private activity, or participate in the management of civil, economic or trade organizations.
 
4. The Ombudsperson shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of responsibilities of the Ombudsperson.

5. The Ombudsperson may be dismissed only upon the request of more than one third (1/3) of all deputies of the Assembly and upon a vote of two thirds (2/3) majority of all its deputies.

Article 135 [Ombudsperson Reporting]

1. The Ombudsperson shall submit an annual report to the Assembly of the Republic of Kosovo.

2. Upon request of the Assembly, the Ombudsperson is required to submit interim or other reports to the Assembly. Upon the request of the Ombudsperson, the Assembly shall permit the Ombudsperson to be heard.

3. The Ombudsperson is eligible to make recommendations and propose actions when violations of human rights and freedoms by the public administration and other state authorities are observed.

4. The Ombudsperson may refer matters to the Constitutional Court in accordance with the provisions of this Constitution.

Article 136 [Auditor-General of Kosovo]

1. The Auditor-General of the Republic of Kosovo is the highest institution of economic and financial control.

2. Organization, operation and competencies of the Auditor-General of the Republic of Kosovo shall be determined by the Constitution and law.

3. The Auditor-General of the Republic of Kosovo is elected and dismissed by the Assembly by a majority vote of all its deputies on the proposal of the President of the Republic of Kosovo.

4. The Assembly decides on the dismissal of the Auditor-General of the Republic of Kosovo by a two thirds (2/3) majority of all its deputies upon the proposal of the President of the Republic of Kosovo or upon the proposal of one third (1/3) of all its deputies.

5. The mandate of the Auditor-General of the Republic of Kosovo is five (5) years with the possibility of re-election to only one additional mandate.

Article 137 [Competencies of the Auditor-General of Kosovo]

Auditor-General of the Republic of Kosovo audits:
(1) the economic activity of public institutions and other state legal persons;

(2) the use and safeguarding of public funds by central and local authorities;

(3) the economic activity of public enterprises and other legal persons in which the State has shares or the loans, credits and liabilities of which are guaranteed by the State.

Article 138 [Reports of the Auditor-General of Kosovo]

1. The Auditor-General of the Republic of Kosovo addresses the Assembly:

(1) to report on the execution of the State budget;

(2) to give an opinion on the report of the Government on its expenditures of the previous year before it is adopted by the Assembly;

(3) to inform the Assembly on conclusions of audits when requested.

2. The Auditor-General of the Republic of Kosovo submits an annual report on the activities of the office to the Assembly.

Article 139 [Central Election Commission] 

1. The Central Election Commission is a permanent body, which prepares, supervises, directs, and verifies all activities related to the process of elections and referenda and announces their results.

2. The Commission is composed of eleven (11) members.

3. The Chair of the Central Election Commission is appointed by the President of the Republic of Kosovo from among the judges of the Supreme Court and courts exercising appellate jurisdiction.

4. Six (6) members shall be appointed by the six largest parliamentary groups represented in the Assembly, which are not entitled to reserved seats. If fewer groups are represented in the Assembly, the largest group or groups may appoint additional members. One (1) member shall be appointed by the Assembly deputies holding seats reserved or guaranteed for the Kosovo Serb Community, and three (3) members shall be appointed by the Assembly deputies holding seats reserved or guaranteed for other Communities that are not in majority in Kosovo.

Article 140 [Central Bank of Kosovo]

1. The Central Bank of the Republic of Kosovo is an independent institution which reports to the Assembly of Kosovo.

2. The Central Bank of the Republic of Kosovo exercises its competencies and powers exclusively in accordance with this Constitution and other applicable legislative instruments.

3. The Governor of the Central Bank of the Republic of Kosovo will serve as the Chief Executive Officer.

4. The governance of the Central Bank of the Republic of Kosovo and the selection and nomination procedures of the Central Bank Board members shall be regulated by law, which shall ensure its independence and autonomy.

Article 141 [Independent Media Commission]

1. The Independent Media Commission is an independent body, which regulates the Range of Broadcasting Frequencies in the Republic of Kosovo, issues licenses to public and private broadcasters, establishes and implements broadcasting policies and exercises other competencies as set forth by law.

2. The members of the Independent Media Commission shall be elected in a transparent process in accordance with the law.

Article 142 [Independent Agencies]

1. Independent agencies of the Republic of Kosovo are institutions established by the Assembly based on the respective laws that regulate their establishment, operation and competencies.  Independent agencies exercise their functions independently from any other body or authority in the Republic of Kosovo.

2. Independent agencies have their own budget that shall be administered independently in accordance with the law.

3. Every organ, institution or other entity exercising legal authority in the Republic of Kosovo is bound to cooperate with and respond to the requests of the independent agencies during the exercise of their legal competencies in a manner provided by law.


Constitutional Chapters

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