Public administration, as a particular form of state activity practice, respectively as a particular form of practicing state executive power, represents a very important segment, both for the state that through the administration exercises its executive activity as well as for the subjects (primarily citizens) who through the administration realize their rights in relation to the state.
Each state aims to practice its state activity (executive power) in such a way that its citizens can be offered the public services in the most qualitative manner possible. As a result, a qualitative public administration, consistent towards any impact and transparent with its citizens, is a necessity that each state must realize. In this context, the development and evolution of the form of practicing the state activity, namely the development and evolution of its own public administration at the current level is a result of the citizens’ needs that their rights in relation to the state (receiving public services) to be implemented in the most advanced way, on the one hand and as a result of the state's obligation to respond to these needs (public service delivery), on the other.
The structural organization of the public administration in general, as well as the legal framework governing and defining this structure, are amongst the main factors influencing the advancement and reformation of public administration. In the Republic of Kosovo there is no specific law on organization of public administration, which would regulate the organization and activity of public administration, thus the structure of the organization of this administration is partially regulated by other laws that regulate the field of public administration generally. Apart from regulating the organization of state administration as a very important segment of public administration, via a special law, the rest of the organization of public administration in Kosovo cannot be stated that is not regulated however, it is partially regulated by laws and various acts, but not a special law.
In this paper will be presented a reflection of the organization of public administration according to the Constitution of the Republic of Kosovo, the Law on General Administrative Procedure and other laws that regulate issues from the field of public administration, but with particular emphasis on the organization of administration state according to the Law on State Administration in the Republic of Kosovo.
Table of Contents
1. Structure of Public Administration in the Republic of Kosovo
1.1. Structure of public administration according to the Constitution
1.2. Public administration structure according to LGAP
1.3. The Structure of Administration according to other Laws
2. Organization of the administration according to the Law on State Administration of the Republic of Kosovo (LSA)
2.1. General observation
2.2. Organization of state administration according to LSA
2.2.1. Institutions of direct state administration
2.2.1.1. High State Administration Bodies
2.2.1.2. Central State Administration Bodies
2.2.1.3. Local State Administration Bodies
2.2.1.4. Municipalities regarding delegated state powers
2.2.2. Institutions of indirect state administration
2.2.2.1. Municipalities, regarding their own and enhanced competencies
2.2.2.2. Independent State Administration Bodies with Legal Status
2.2.2.2. Legal entities to whom state competences have been delegated
Objectives and Research Focus
The primary objective of this paper is to examine the organizational structure of the public administration within the Republic of Kosovo, specifically focusing on the legal framework governing state administration, as a lack of a comprehensive, unified law necessitates an analysis of various constitutional provisions and sectoral laws to understand the current systemic arrangement.
- The differentiation between general public administration and state administration.
- The impact of the Stabilization and Association Agreement (SAA) on administrative reforms in Kosovo.
- The institutional hierarchy of direct state administration, including high-level and central bodies.
- The role and status of municipalities within both direct and indirect state administration systems.
- The regulatory challenges arising from the absence of a single special law governing the entirety of the public administration structure.
Excerpt from the Book
1.1. Structure of public administration according to the Constitution
The Constitution has not defined what are the public administration bodies in Kosovo, nor contains any provisions by which organization of public administration in Kosovo is proclaimed.
However, the Constitution defining the fundamental principles and values underlying the constitutional order of the Republic of Kosovo, foresees the rule of law as a fundamental principle and as a fundamental value of Kosovo society. Proclamation of the rule of law with the Constitution as a principle and value of the society has great importance for the functioning of the public administration, because the public administration respectively the public services are realized by the state through the public administration, implies nothing other than the functions of state power, whose purpose is to create and offer the conditions for the empowerment of citizens' rights in relation to the state. These services mainly have an administrative character and as such are part of the concept of the rule of law.
The concept of rule of law is based on the idea that the primary function of the state is the administration of public affairs. The state represents an organization that has its so-called social function and its primary task on providing public services to its citizens. The notion rule of law is usually expressed by the term "constitutionality", that implies the state's claim, namely, the state administration bodies to the objective right as well as to the guaranteed individuals rights. Thus, the practice of state power by the public administration bodies, namely the services provided by these bodies, supported and limited only to the objective right, implies the realization of the rule of law principle.
Summary of Chapters
1. Structure of Public Administration in the Republic of Kosovo: Analyzes the constitutional and legal basis for the administration, noting the absence of a unified definition and the reliance on various legal instruments to extract the organizational structure.
2. Organization of the administration according to the Law on State Administration of the Republic of Kosovo (LSA): Discusses the LSA as the key regulation for state administration, detailing the classification into direct and indirect institutions and their respective scopes of authority.
Keywords
public administration, state administration, Republic of Kosovo, executive power, legal framework, rule of law, constitutional order, municipalities, administrative bodies, EU standards, delegated competencies, administrative reform, institutional structure.
Frequently Asked Questions
What is the fundamental topic of this paper?
The paper explores the structural organization of public administration in the Republic of Kosovo, particularly highlighting the legal framework and the role of state administration.
What are the primary themes discussed?
Key themes include the constitutional basis of administration, the differentiation between public and state administration, and the classification of administrative bodies under the Law on State Administration (LSA).
What is the central research question or goal?
The goal is to provide a reflection on the organization of public administration in Kosovo, emphasizing the regulatory challenges posed by the lack of a single specific law covering the entire administration.
Which scientific methodology is employed?
The author uses a normative-legal analysis, examining constitutional provisions, the Law on General Administrative Procedure (LGAP), the Law on State Administration (LSA), and other relevant laws to delineate the administrative system.
What topics are covered in the main body?
The main body breaks down the administration into direct and indirect institutional categories, analyzes the specific roles of ministries and municipalities, and discusses the impact of EU criteria on ongoing administrative reforms.
Which keywords best characterize this work?
The work is characterized by terms such as public administration, state administration, legal framework, institutional structure, and administrative reform in the context of Kosovo's European integration process.
Why is there a difficulty in establishing an exact structure of public administration in Kosovo?
There is no single comprehensive "special law" that regulates all public administration bodies, leading to a fragmented system where different laws regulate different parts of the administration.
How does the author distinguish between direct and indirect state administration?
Direct administration consists of bodies that exercise state administrative activity as their primary function, while indirect administration involves bodies or entities that perform these functions as a secondary or delegated task.
- Arbeit zitieren
- Valdete Haliti (Autor:in), 2018, Structure of Public Administration in the Republic of Kosovo, München, GRIN Verlag, https://www.hausarbeiten.de/document/435012
