The Independent Oversight Board of the Civil Service of Kosovo (the Board) is introduced in the highest legal act of the Republic of Kosovo, specifically in Article 101.2 of the Constitution of the Republic of Kosovo, which defines: "An independent oversight board for civil service shall ensure the respect of the rules and principles governing the civil service, and shall itself reflect the diversity of the people of the Republic of Kosovo. "
Background and legal mandate
The UNMIK Regulation, No. 2001/36 on the Civil Service of Kosovo, was the first legal act based on which, in chapter III, the Independent Oversight Board of Kosovo was established as an independent unit within the Ministry of Public Services, with direct reporting to the Minister of Public Services. According to this Regulation, the members of the Board were appointed by the Special Representative of the Secretary General in consultation with the Prime Minister of Kosovo.
With UNMIK Regulation No. 2008/12, on the amendment of Regulation No. 2001/36, the Board was defined as an independent Unit that reports directly to the Assembly of Kosovo and its members were appointed by the Assembly of Kosovo based on open and transparent procedures.
On July 15, 2010, the Assembly of the Republic of Kosovo approved Law No. 03/L-192 on the Independent Oversight Board for the Civil Service of Kosovo, published in the Official Gazette with No. 77/2010 dated August 16, 2010, where in Article 3 the IOBCSK is defined as an autonomous body reporting to Assembly of the Republic of Kosovo and which shall determine appeals and shall ensure compliance with all rules and principles governing the civil service in the Republic of Kosovo.
Furthermore, with the applicable Law No. 06/L-048 for the Independent Oversight Board for the Civil Service of Kosovo, the Board is an autonomous constitutional body that ensures the compliance with the rules and principles governing the civil service.
According to Law No. 06/L-048 for the Independent Oversight Board for the Civil Service of Kosovo, the functions, competences, organization and the functioning of an Independent Oversight Board of Civil Service of Kosovo are regulated.
The legal basis for the functioning of the Board is the Constitution of the Republic of Kosovo, Law No. 06/L-048 on the Independent Oversight Board for the Civil Service of Kosovo, Law No. 06/L-114 on Public Official, Law No. 06/L-113 on Organization and Functioning of State Administration and Independent Agencies, Law No. 05/L-031 on General Administrative Procedure, as well as the by-laws implementing these laws.
The Board reports to the Assembly of Kosovo Republic for its work at least once a year and whenever requested by the Assembly.
The Board shall be funded from the Budget of the Republic of Kosovo. The Board shall have its own budget line which guarantees its independence.
Functions of the Board
For the supervision of the implementation of rules and principles of the Civil Service legislation, the Board shall have the following functions:
Internal Organization of the Board
The Board consists of 7 (seven) members. The members of the Board are selected through an open and transparent competition and are appointed by the Assembly of the Republic of Kosovo. The mandate of all members of the Board is 7 (seven) years.
The Chairperson of the Board manages, represents, and is responsible for the activity of the Board. The Chairperson is elected by a majority of votes from the members of the Board, with a mandate of 2 (two) years, with the possibility of re-election.
The Chairperson and the members of the Board, in relation to decision-making within the constitutional and legal functions of the Board, shall enjoy immunity from criminal prosecution, civil lawsuits or dismissal.
Board Secretariat - the Secretariat functions within the Board, and provides assistance in accomplishing the Board’s duties and responsibilities. The Secretariat is headed by the Secretary General, who reports directly to the Chairperson of the Board.
The general secretary and all the employees of the secretariat have the civil servants’ status, and are treated in accordance with the Law on Civil Service. The Professional Support Unit functions within the Secretariat, and it consists of professional staff, who directly support the professional work of the Board members.
Who can submit an appeal to the IOBCSK?
The appeals can be submitted to the Board by:
How can you appeal to the IOBCSK?
The civil servant, or the candidate for employment at the civil service, who is dissatisfied with the decision of the employment body, shall be entitled to submit an appeal to the Board for the alleged violation of the rules and principles of the legislation for the civil service of the Republic of Kosovo.
The appeal can be submitted in the following ways:
The appeal shall be submitted by the appellant himself, the authorized representative or the joint representative (in the case of group appellants).