Municipalities should change their Transparency Regulations

Prishtina, 16 April – Today, FOL Movement held a press conference presenting the request which will be sent to Kosovo municipalities regarding the review and amendment of the Municipal Transparency Regulation in accordance with the Law on Access to Public Documents which has been approved in October 2010.

Mexhide Demolli- Nimani from FOL Movement stated that the findings of FOL Movement show that from all municipalities of Kosovo, 11 of them did not publish the Transparency Regulation on their official website, these municipalities are: Klina, Novobërda, Partesh, Ranillug, Shtërpca, Vitia, including here northern municipalities Zubin Potok, Leposaviq and Zveçan whose websites are still being developed whereas North Mitrovica has not yet anofficial website. Decan and Suhareka, seem to have the Transparency Regulation on the list of regulations, but they are not complete.

According to Demolli-Nimani, only eight Kosovo Municipalities (Graçanica, Hani i Elezit, Istog, Mitrovica, Obiliq, Prizrei, Rahovei and Vushtrri) have made amendments to the Transparency Regulations.
“Kllokot is a special case even though they have approved their regulation in February 2011 they still apply the new Law on Access to Public Documents, regarding the deadline of response to a requests for access to public documents, the deadline is 15 days,” she said.
Meanwhile, 17 other municipalities such : Dragash, Ferizaj, Fushë Kosova, Gjakova, Gjilan, Gllogoc, Junik, Kamenice, Kaçanik, Lipjan, Malisheve, Mamushe, Podujeve, Peja, Prishtina, Shtime, Skenderaj, they have the old regulations which due to the changing of the legislation on access to public documents they must be change their municipal transparency regulation as well.

She further said there are cases where municipalities have approved the Transparency Regulation later than 2010, that is, after the approval of the new law, but they used to apply the old law on access to public documents 2003/12.
The reason why this regulation should be changed is that the current regulation is compatible with the old law on access to public documents no.2003/12, this law was revoked with the application of the new Law on Access to Public documents.
According to the current transparency regulation the deadline to respond to a request for access to public documents is 15 days, whereas according to the Law on Access to Public Documents is only 7 days. Also the application forms, according to the current regulations is limited only in written form, whereas the Law on Access to Public Documents reads that “Requests for access to public documents can be summoned in any form which enables the public institution to identify the document.”

“Therefore, considering as necessary, that municipalities strengthen the increase of transparency and accountability, FOL calls the Municipalities to the make necessary changes in their Municipal Transparency Regulations. Besides, this is also one of the recommendations of the report ‘Transparency Index 2012 “, where it is required the accordance of the legal provisions for public communications and information at the municipal level,” Demolli-Nimani said.