Western Balkans Competitiveness Outlook 2024: Kosovo

7. Anti-corruption policy

Abstract

An effective anti-corruption policy is essential for promoting fair competition. This chapter, along four sub-dimensions, explores the effectiveness of the prevention, investigation and prosecution of corruption cases. The first sub‑dimension, anti-corruption policy and risk management, assesses the planning, coordination and monitoring of anti-corruption policies, including corruption risk assessments and corruption proofing of legislation. The second sub-dimension, prevention of corruption, focuses on anti-corruption public-awareness as well as the effectiveness of the legal framework regarding corruption prevention bodies, conflicts of interest, and whistleblower protection. The third sub-dimension, business integrity and corporate liability, explores the robustness of the framework for businesses integrity and regulatory mechanisms, as well as the liability of legal persons. The fourth sub-dimension, investigation and prosecution, assesses the capacities of specialised anti-corruption investigative and prosecutorial bodies in investigating and prosecuting high-level corruption cases.

Key findings

Kosovo has the second-lowest score of the WB6 economies in the anti-corruption policy dimension and underperforms the region in all assessed policy areas. Since the last Competitiveness Outlook, the economy’s strategic, legal and institutional anti-corruption framework has been developing unevenly (Table 7.1). While the economy has significantly improved its laws on the Agency for Prevention of Corruption as well as on asset and interest disclosure, Kosovo still lacks a national anti-corruption strategy. Moreover, progress on a beneficial ownership register and on strengthening corruption-related sanctions for legal persons has been slow.

Table 7.1. Kosovo’s scores for anti-corruption policy

Dimension	Sub-dimension	2018 score	2021 score	2024 score	2024 WB6 average
Anti-corruption	6.1: Anti-corruption policy and risk assessment			1.7	2.4
	6.2: Prevention of corruption			2.7	2.9
	6.3: Business integrity and corporate liability			1.3	1.9
	6.4: Investigation and prosecution			2.0	2.4
Kosovo’s overall score		1.6	1.8	2.1	2.5

The key findings are:

• Kosovo’s anti-corruption policy lacks an up-to-date strategic framework since the previous strategy expired in 2017. Nonetheless, the adoption of the new Law on the Agency for Prevention of Corruption (APC) in 2022 has significantly strengthened the legal grounds for corruption risk assessment and corruption proofing of legislation.

• The Agency for Prevention of Corruption, Kosovo’s main corruption prevention body, is confronted with an increasing workload. However, a lack of financial and human resources constrains the APC’s activities.

• The Law on Protection of Whistleblowers, adopted in 2018, stands out as one of the most comprehensive legislations for whistleblower protection in the WB6 region. While still relatively low, there has been a slight increase in whistleblower reporting to the APC in recent years.

• In November 2023, the government prepared a draft law on the register of beneficial owners. However, as of February 2024, the final adoption of the law by parliament was still pending. Consequently, no register on beneficial owners has been set up yet.

• Kosovo has made efforts in investigating and prosecuting high-level corruption; however, conviction rates for offenders remain low and sentencing lenient. By 2023, 310 individuals have been indicted in specifically monitored “targeted” corruption cases, but only 22 of these individuals have been convicted.

State of play and key developments

The perceived level of corruption for Kosovo has slightly improved over recent years. On a scale from ‑2.5 (worst) to +2.5 (best), Kosovo’s score in the World Bank’s Control of Corruption Indicator has improved from ‑0.54 in 2019 to ‑0.26 in 2022, which is also reflected in a higher global ranking (Table 7.2). Transparency International’s Corruption Perceptions Index also indicates improvement in citizens’ perception of corruption. On a scale from 0 (highly corrupt) to 100 (very clean), Kosovo's score has steadily increased from 36 in 2019 to 41 in both 2022 and 2023. During the period 2019-23, Kosovo’s score has been consistently above the WB6 average.

Table 7.2. Kosovo’s perceived anti-corruption policy performance in 2018-23

	2018	2019	2020	2021	2022	2023
Control of Corruption Indicator
KOS (percentile rank)	33.81	33.33	35.71	43.81	47.17
KOS (score)	-0.53	-0.54	-0.46	-0.34	-0.26
WB6 (score)	-0.41	-0.45	-0.44	-0.41	-0.38
Corruption Perceptions Index
KOS (rank)	93/180	101/180	104/180	87/180	84/180	83/180
KOS (score)	37	36	36	39	41	41
WB6 (score)	38.67	37.67	37.5	38.67	38.67	39.50

Note: Percentile rank (0-100) indicates rank of economy among all economies in the world. (0 corresponds to lowest rank and 100 corresponds to highest rank).

Sources: World Bank (2023[1]); Transparency International (2023[2]).

According to the Balkan Barometer, only around one-fifth of Kosovo’s population agree that the government fights corruption successfully. The share believing the fight is successful decreased to 20% in 2021 (RCC, 2021[3]), compared to 22% in 2020 (RCC, 2020[4]). Business sentiment regarding the impact of corruption has remained consistent, scoring 2.4 in 2019 and slightly lower at 2.3 in 2023, based on a scale ranging from 1 (significant obstacle) to 4 (negligible obstacle) (RCC, 2023[5]).

Sub-dimension 6.1: Anti-corruption policy and risk assessment

Kosovo’s anti-corruption policy framework has been lacking up-to-date strategic policy documents since the last national anti-corruption Strategy and Action Plan 2013-17 expired. According to the Law on the APC, the government is responsible for drafting and approving the national anti-corruption strategy and accompanying action plan. Public institutions are required to report to the APC (formerly known as Anti-Corruption Agency/ACA) twice a year on the implementation status of their planned actions, with the APC monitoring implementation and reporting on the progress in its annual report. In February 2023, the government established a ministerial commission and a working group for developing a new anti-corruption strategy. The draft strategy was shared with civil society representatives for their comments in November 2023. As of March 2024, the draft strategy as well as an accompanying action plan have not been finalised yet (Kosovo Institute for Justice, 2024[6]).

The Law on the APC, adopted in 2022, obliges central administration bodies, municipal authorities and independent agencies to adopt integrity plans based on corruption risk assessments. These integrity plans shall contain a self-assessment regarding the entities’ exposure to corruption and other forms of integrity violations and risks. Moreover, entities shall outline in their plans existing control measures, prevention measures and deadlines for their implementation. In June 2023, the APC approved a uniform methodology and instructions for the preparation and implementation of integrity plans, which can contribute to a more consistent and effective practice (APC, 2023[7]). The law requires the adoption of the integrity plans within six months after the entry into force of the relevant sub-legal acts. According to law, the APC shall itself also conduct corruption risk assessment in various fields or sectors. Subsequently, the agency established an organisational structure for this activity, the Anti-Corruption Analysis and Evaluation Division. However, as of February 2024, limited information has been published on implementation progress.

The Law on the APC also establishes the agency’s responsibility for the corruption proofing of legislation. This involves reviewing the form and substance of drafted or enacted legal acts to detect and minimise the risks of corruption as well as to ensure alignment with international anti-corruption standards such as the United Nations Convention against Corruption. The APC may be requested to assess the risks but can also provide opinions on its own initiative. The APC was granted the competency to carry out corruption proofing of legislation following the adoption of the new Law on the APC in 2022. The agency adopted a relevant methodology, but, as of February 2024, only limited information was published regarding implementation progress in this area.

Sub-dimension 6.2: Prevention of corruption

The APC serves as Kosovo’s main corruption prevention body with a broad set of responsibilities to combat and prevent corruption but limited human and financial resources. The amendments to the Law on the APC in 2022 expanded the agency’s competencies which now include overseeing and preventing conflicts of interest, monitoring declarations on assets and gift receipts, protecting whistleblowers, conducting administrative investigations and imposing fines and other sanctions, as well as designing and implementing corruption prevention activities such as training, research, education and public awareness raising. Struggles with severely limited capacity continue despite the agency being faced with a substantial and increasing workload: it conducted 619 preliminary investigations into corruption-related offences in 2022, compared to 375 in 2021. Among these 619 cases, 267 were forwarded to law enforcement and judicial institutions for criminal proceedings, a notable increase from the 150 in 2021 (APC, 2023[8]). Until 2023, the APC continued to face significant resource constraints with only 43 staff officials and an annual budget of around EUR 550 000 (FOL Movement, 2023[9]). There was some improvement in 2023-24, as the number of prevention specialists increased to 58 in 2024, and the budget reached EUR 656 407 in 2023.

Legal safeguards for the independence of the APC include the selection of candidates for the position of Director of the Agency through an open competition and transparent interview process conducted by the Committee of the Assembly of Kosovo. Additionally, the law specifies clear grounds for the dismissal of the Director of the APC to provide protection against arbitrary removal. The APC is also empowered to prepare and propose its own annual budget, enhancing its financial autonomy. The Committee of the Assembly that oversees the work of the APC shall hold the agency accountable. This includes reviewing the reports of the APC as well as periodically overseeing and assessing the work of the APC’s director.

The Law on Prevention of Conflict of Interest in Discharge of a Public Function, adopted in 2018, mandates Kosovo’s public officials to avoid any actual, potential or apparent conflicts of interest. The law applies in a comprehensive manner, encompassing all official persons within institutions, enterprises or other entities entrusted with carrying out public functions. Participation in an official matter in which an official person, their family member, or any related legal person holds a financial stake is criminally punishable. However, the definition of the criminal law offence is narrower than the definition of a conflict of interest in the above law, as it for example omits scenarios where a related physical person has an interest in the matter. While the law outlines the obligation for public officials to disclose conflicts of interest and suspend all actions until a decision is reached, it lacks detailed guidance on conflict resolution. In certain cases, the APC intervenes to resolve conflicts of interest, while in others the handling of such cases is left to other institutions. The APC has been handling an increasing number of conflict-of-interest cases (Table 7.3). Out of 233 cases in 2022, 1 case was sent to court and 4 cases were sent for investigation (APC, 2023[8]).

Table 7.3. Number of conflict-of-interest cases in Kosovo (2020-22)

	2020	2021	2022
Cases handled by the APC	168	105	233
Cases handled by other authorities	46	101	121
Number of sanctions imposed for violations of conflict of interest and related rules	7	3	5
Number of sanctions imposed for violations of conflict of interest and related rules on high-level officials	0	0	0

Sources: Agency for Prevention of Corruption (2023[8]); Data provided by Kosovo’s authorities in the context of the CO 2024 assessment.

The legal framework for asset and interest disclosure in Kosovo has been strengthened, expanding the scope of persons required to submit declarations and allowing for the management and analysis of declared data through a digital system. The Law on Declaration, Origin and Control of Assets and Gifts, adopted in 2022, regulates the disclosure of assets and interests by public officials in Kosovo. This new law replaced the previous law from 2011 and significantly broadened the scope of persons required to submit declarations, from around 5 000 to 20 000 concerned individuals, including professionals such as doctors and university professors (FOL Movement, 2023[9]; APC, 2024[10]). The declarations cover a wide range of assets but do not include digital assets beyond the category of cryptocurrencies (such as non‑fungible tokens). Upon request by the APC, declarants must provide evidence of asset origins and bank transcripts. Declarations must be submitted electronically through a digital platform, which, according to the law, shall enable the analysis of data in relation to individuals, sectors or other aspects of public interest. The APC publishes these declarations on its website, excluding certain personal details.

The degree of compliance with declaration submission has been on the rise, peaking in 2022 with 98.72% of declarants having timely submitted their annual declarations of assets (APC, 2023[8]). Asset audits have been conducted for 973 senior public officials selected through a lottery list. Additionally, the APC has initiated assessments in 41 cases involving senior public officials either ex officio by virtue of its mandate or based on information reported by citizens. In 2022, the agency identified 121 cases of non-declaration of assets and raised concerns about the accuracy of declarations in 57 cases (APC, 2023[8]) (Table 7.4).

Table 7.4. Verification and enforcement of asset and interest disclosure in Kosovo (2018-22)

	2018	2019	2020	2021	2022
Number of cases of illicit enrichment or unjustified assets detected based on the verification of declarations	35	62	26	50	57
Number of sanctions for false or incomplete information in declarations	114	102	124	150	267
Of these final/in force	56	84	22	25	37

Source: Data provided by Kosovo’s authorities in the context of the CO 2024 assessment.

Kosovo’s legal framework for the protection of whistleblowers is among the most comprehensive in the Western Balkan region, but the track record of enforcement has proved weak. The Law on Protection of Whistleblowers, adopted in 2018, extends to both the private and public sectors. It defines a whistleblower as any individual who reports or discloses information regarding threats or harm to the public interest in the context of their own employment relationship, which is broadly defined to include associates, volunteers, interns, trainees, candidates, contractors, and others. Whistleblowing can take the form of internal reporting, external reporting to a competent authority, or public disclosure. However, the conditions for external whistleblowing, such as reasonable suspicions of retaliation against the whistleblower or potential concealment or destruction of evidence if internal whistleblowing is pursued, are more restrictive compared to the approach outlined in EU Directive 2019/1937 on the protection of persons who report breaches of EU law, and can act as a deterrent. Kosovo’s law contains multiple provisions for protecting whistleblowers, such as an obligation to keep information related to whistleblowing confidential. However, it does not provide for anonymous whistleblowing, raising questions about the protection of individuals who report anonymously but are subsequently identified and face retaliation. Additionally, the law does not clarify whether a reporting person is entitled to provisional protection before decisions on accepting a whistleblower report or adopting protective measures are finalised, or whether they are entitled to free legal aid. Officers responsible for handling whistleblower cases within executive bodies frequently lack adequate conditions, such as dedicated office spaces to receive potential whistleblowers, and despite evident irregularities within institutions, some officers note that the number of whistleblower reports in Kosovo remains low (Humolli, 2023[11]). Nevertheless, the APC has experienced a consistent rise in the number of whistleblower reports over the past few years (Table 7.5), although a majority of these reports were ultimately rejected for various reasons (for example a lack of evidence, wrong choice of the reporting channel by whistleblower, absence of a threat to the public interest, or a matter outside the competency of the APC) (APC, 2023[8]).

Table 7.5. Whistleblower reports received by the APC (2019-22)

	2019	2020	2021	2022
Number of internal whistleblower reports	2	144	39	100
Number of external whistleblower reports	3	5	9	14

Sources: Based on data of annual reports of the APC (2024[12]); Data provided by Kosovo’s authorities in the context of the CO 2024 assessment.

Recent evidence on the government’s anti-corruption public awareness and education activities is limited. The APC published several recent videos on key topics, such as conflict-of-interest prevention, asset declarations, and whistleblower protection on its YouTube account (APC, 2023[13]). The APC has also conducted extensive training sessions, including training over 180 officials on conflicts of interest, around 170 on asset declarations, 119 on internal whistleblower procedures, and 95 on integrity within institutions (APC, 2023[14]). However, it remains unclear whether the government has allocated specific funding for anti-corruption awareness-raising and education campaigns.

Sub-dimention 6.3: Business integrity and corporate liability

There is limited information available on the promotion of business integrity in Kosovo. The Law on Business Organisations does not explicitly outline the responsibility of company directors or boards in overseeing the management of corruption risks. Boards of directors in joint-stock companies only have a general competency to approve risk management procedures. Based on the Law on Business Organisations, the government has adopted a corporate governance code as a legally non-binding guideline. The code stipulates that the board, among other things, oversees risk management and compliance systems. The management shall prepare and periodically update policies related to compliance, integrity and anti-corruption. In February 2024, the assembly approved in the first reading a draft Law on the Register of Beneficial Owners,1 which, once adopted, will mark an important step in promoting the transparency of beneficial owners. The stipulated definition of a beneficial owner mirrors the definition outlined in the EU anti-money laundering directives. The Kosovo Business Registration Agency shall administer the register, and any person would be allowed to obtain the register data provided they can demonstrate a legitimate interest.

The legal framework for the liability of legal persons for corruption offences is established; however, information on its enforcement is scarce. The Law on Liability of Legal Persons for Criminal Offences, adopted in 2011, and the Criminal Code outline the criminal liability of legal persons. In accordance with the Criminal Code, a legal person is liable for a criminal act committed by a responsible individual acting on its behalf and for its benefit or interest or to cause damage through said criminal offence. The liability of legal persons is both general (applicable to any criminal offence) and autonomous (the legal person remains liable for criminal offences even if the responsible individual has committed the criminal offence but was not convicted). In cases where criminal proceedings cannot be initiated or executed against the responsible individual, only the legal person will face prosecution.

The primary sanctions for legal persons include fines and the potential termination of their activity. The upper limit of fines amounts to EUR 100 000, which is considered extremely low relative to the possible scale of large corruption transactions. The law does not allow for a due diligence (compliance) defence to exempt legal persons from liability or mitigate sanctions, nor does it allow courts to defer the application of sanctions on legal persons if they comply with organisational measures deemed necessary by the court to prevent corruption. Similar to the CO 2021 assessment, the effectiveness of the corporate liability framework in combating corruption remains unclear due to the absence of relevant monitoring activities and data.

Sub-dimension 6.4: Investigation and prosecution

Kosovo has continued efforts regarding the investigation and prosecution of high-level corruption, but conviction rates remain low. In 2015, the State Prosecutor created a database of “targeted cases” of organised crime and high-level corruption, highlighting them as priorities to be treated urgently. As of 2023, there had been 42 indictments in high-level corruption cases, involving 310 individuals. Of these, 22 individuals were convicted for corruption-related offences (European Commission, 2023[15]). Indictments against high-profile individuals constitute a minor part of the total volume of corruption cases. In 2023, out of 75 individuals accused of corruption, only 13 were high-profile defendants, with 10 of them involved in the same single case handled by the Special Prosecutor’s Office (SPO).2 According to the authorities, the total number of final convictions for high-level corruption was 9 in 2019, 15 in 2020, 21 in 2021, and 15 in 2022, but the number of final sanctions that entail imprisonment without conditional or other type of release was zero throughout the period, which, provided the data are correct, indicates a very lenient sentencing policy. In a high-profile case in January 2024, the Basic Court of Pristina convicted a former Minister of Infrastructure and three other ministry officials for abuse of office concerning an overpayment of EUR 38 million to a company that constructed a highway linking Kosovo and North Macedonia. The judgement is subject to appeal (Berisha and Bami, 2024[16]).

There are few data available on confiscation related to high-level corruption cases. Although Kosovo’s legal framework for criminal confiscation is considered to be advanced, its actual implementation remains low, resulting in a low volume of confiscated assets (European Commission, 2023[15]). As analysed by the justice-monitoring platform Kosovo Law Institute, prosecutors requested seizure or confiscation in only 4 out of 20 corruption indictments filed in 2023 (Makshana, 2023[17]). Moreover, accessory penalties that prohibit individuals convicted of corruption-related offences from exercising public functions or other professions are not applied adequately (European Commission, 2023[15]).

Specialised anti-corruption investigative bodies within the Kosovo Police have limited independence. The Special Investigation Unit, which assists the SPO, as well as the Directorate for Investigation of Economic Crimes and Corruption within the Crime Investigation Division, does not have adequate safeguards of independence beyond the rules that generally apply to police units. The dismissal of the head of the Special Investigation Unit in 2023 has raised concerns among the public (Prishtina Insight, 2023[18]). The European Commission also highlights the importance of allocating additional resources to law enforcement authorities to enhance their capacity for conducting complex investigations as well as to enhance co-operation between police and prosecution, systematically launch financial investigations concurrently with criminal investigations, and strengthen the use of special investigative measures (European Commission, 2023[15]).

Kosovo has functional specialised anti-corruption prosecutorial and judicial bodies in place. The SPO, established in 2007, has extensive competencies as outlined in the new Law on the SPO adopted in 2023. The SPO’s authority includes prosecuting high-level corruption offences, defined as acts of official corruption and violations of official duty committed by high-ranking officials. Additionally, the SPO is also empowered to prosecute, under certain conditions, other serious corruption offences as well as other categories of crime, including war crimes, organised crime and large-scale money laundering. According to the European Commission, the SPO’s capacity has increased since 2020 through the recruitment of prosecutors, professional associates and translators. In 2020, the SPO had 15 prosecutors, but reached its target staff number of 18 prosecutors by September 2023 (European Commission, 2020[19]; State Prosecutor, 2023[20]). However, specific data regarding the number of prosecutors assigned to corruption cases are unavailable, hindering an assessment of whether this increase in human resources has indeed strengthened the SPO’s capacity to handle corruption cases and conduct investigations effectively. Specialised departments within the Basic Court of Pristina and the Court of Appeals are responsible for handling cases brought by the SPO. According to the European Commission, the capacity of these judiciary and prosecution bodies to handle high-level corruption cases in a timely manner remains limited given a frequent recourse to long adjournments and ineffective mechanisms to manage cases (European Commission, 2023[15]).

Overview of implementation of Competitiveness Outlook 2021 recommendations

Kosovo’s progress on implementing past CO Recommendations has been largely limited, with modest efforts directed at strengthening the auditing of asset declarations of public officials. In the areas of increasing the maximum fines applicable to legal persons for criminal offences and considering how to strengthen the independence of specialised anti-corruption units within the Kosovo Police, there has been no evidence of progress, underscoring areas requiring significant improvements. Table 7.6 below illustrates the economy’s overall progress in implementing past recommendations for anti-corruption policy.

Table 7.6. Kosovo’s progress on past recommendations for anti-corruption policy

Competitiveness Outlook 2021 recommendations	Progress status	Level of progress
Adopt a new anti-corruption strategy and action plan	A draft anti-corruption strategy and action plan are being developed.	Limited
Adopt and implement legal obligations to carry out corruption risk assessments	The Law on APC, adopted in 2022, obliges public bodies to adopt integrity plans based on corruption risk assessment and establishes the APC’s responsibility regarding risk assessments and the corruption proofing of legislation. However, limited information is available on practical progress in this area.	Limited
Strengthen the auditing of asset declarations of public officials	According to the new Law on the APC, declarants must provide evidence of asset origins and bank transcripts upon request of the APC.	Moderate
Introduce a public register of beneficial owners of legal entities	In November 2023, the government approved the draft law on beneficial ownership registers.	Limited
Increase the maximum fines applicable to legal persons for criminal offences to ensure that sanctions are effective, proportionate and dissuasive in large-scale corruption cases	No evidence of progress.	None
Further strengthen the capacity of the SPO to investigate high-level corruption cases and hand down indictments	While the number of prosecutors has increased, available data on the SPO’s financial and human resources remain limited.	Limited
Consider how to strengthen the independence of specialised anti-corruption units within the Kosovo Police	No evidence of progress.	None

The way forward for anti-corruption policy

Considering the overall slow pace of implementing CO 2021 recommendations, Kosovo should continue efforts to follow the policy advice set forth in the previous CO and consider additional recommendations:

• Accelerate finalisation of the national anti-corruption strategy and action plan with due consideration of civil society proposals, and ensure regular public reporting on the policy’s implementation. The United Nations Convention against Corruption requires that states develop and implement or maintain effective, co-ordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency, and accountability (United Nations, 2004[21]). Despite the fact that Kosovo is not a party to this convention, the substance of its provision is nonetheless relevant. The authorities should accelerate the adoption of a comprehensive anti‑corruption strategy and action plan that clearly define objectives, allocate responsibilities, set realistic deadlines, determine necessary funds, and establish regular reporting mechanisms to track implementation levels.

• Increase resource allocation to the APC to facilitate the full implementation of its expanded mandate. The United Nations Convention against Corruption requires that states provide the necessary material resources and specialised staff to corruption prevention bodies. To effectively manage its growing workload, Kosovo should provide additional funds for staffing and budgetary resources to the APC to ensure that the agency can fulfil its tasks at the expected quantity and quality.

• Further encourage whistleblowing by ensuring full implementation of the Law on Protection of Whistleblowers as well as its alignment with the relevant EU Directive. Kosovo should consider publishing the information of officials handling whistleblowing reports on official websites, provide appropriate physical and technical conditions for whistleblowing within institutions, such as separate offices for officials handling reports, and promote an overall culture of reporting abuse in the public interest3. Moreover, whistleblowers should be granted access to support measures, including provisional protection, legal aid, and psychological support. Additionally, relevant legal gaps should be filled to ensure that individuals who report breaches anonymously, but are subsequently identified and face retaliation, qualify for protection as outlined in the relevant EU Directive. The experience of two OECD countries, Austria and Latvia, in using digital tools to facilitate whistleblowing and reporting of corruption could offer inspiration to Kosovo’s authorities (Box 7.1).

• Increase the maximum fines applicable to legal persons for criminal offences to ensure that sanctions are effective, proportionate and dissuasive in large-scale corruption cases. Monetary sanctions should be sufficiently severe to affect large corporations that may engage in corrupt acts, which, if accomplished undetected, would bring millions of euros in profits. In certain economies the OECD Working Group on Bribery in International Business Transactions found statutory sanction ceilings of even a few million euros to be potentially insufficient. As a result, the Working Group has encouraged setting maximum fines as a share of a company’s turnover (OECD, 2022[21]). While such high levels of fines may not appear relevant for an average company, Kosovo’s legislative framework should include provisions for imposing adequate sanctions in cases where major business players are involved in corruption.

• Consider strengthening the independence of specialised anti-corruption units within the Kosovo Police. The United Nations Convention against Corruption emphasises the importance of granting specialised bodies or individuals tasked with combating corruption the necessary independence through law enforcement to be able to carry out their functions effectively and without any undue influence. In line with international standards, Kosovo should consider introducing additional means to safeguard the independence of its specialised investigative and prosecutorial units, including the adoption of a more transparent and competitive process for selecting management positions, strengthened guarantees against discretionary dismissal, and transparency of dedicated budget funding.

Box 7.1. Digital solutions for reporting in Austria and Latvia

OECD countries have increasingly used digital solutions to facilitate whistleblowing and reporting of corruption, such as the following examples.

In 2023, the Austrian Federal Bureau of Anti-Corruption (BAK) established an online corruption reporting platform that guides users through the report, prompting them to select the area of the matter and providing guiding questions (e.g. “Are managers directly or indirectly involved in the incident?”) to help them describe the incident. The platform allows users to freely decide whether to provide their name or remain anonymous. The reporting person may also set up a secure mailbox for receiving feedback and updates on the progress of their report.

In the same year, the Latvian Corruption Prevention and Combating Bureau (KNAB) introduced a reporting platform with an online and a mobile app version. The platform allows both individuals and legal entities to report instances of corruption. Similar to the Austrian platform, users have the option to either reveal their identity or report anonymously. After submitting the report, individuals receive a unique identification number enabling them to track the progress of their submission. Additionally, the recipient body can provide feedback and further communicate with the reporter even if they have chosen to remain anonymous. In Latvia, the launch of the platform was accompanied by a broad awareness-raising campaign to promote corruption reporting among the general public.

Sources: BAK (2023[22]); KNAB (2023[23]).

References

[10] APC (2024), Declaration of Assets for Doctors and University Professors has Commenced, https://apk-rks.net/index.php/2024/02/12/deklarim-i-pasurise-per-mjeket-dhe-profesoret-universitar-ka-filluar/. (accessed on 1 March 2024).

[12] APC (2024), Website of the APC, https://apk-rks.net/. (accessed on 21 March 2024).

[13] APC (2023), Agency for Prevention of Corruption - Homepage, https://www.youtube.com/@apk-kosovo. (accessed on 1 March 2024).

[8] APC (2023), Annual Report: January - December 2022, https://www.akk-ks.org/assets/cms/uploads/files/2023/RAPORTI%20VJETOR-2022-SHQIP.pdf.

[14] APC (2023), The Agency for the Prevention of Corruption Marks its Successes and Expresses Gratitude to its Partners at the Year-End Conference, https://apk-rks.net/index.php/2023/12/27/agjencia-per-parandalimin-e-korrupsionit-shenon-sukseset-dhe-shpreh-mirenjohje-per-partneret-e-saj-ne-konferencen-e-fundvitit/.

[7] APC (2023), The Director of the Anti-Corruption Agency, Yll Buleshkaj, Today Signed the Decision for the Approval of the Uniform Methodology and Guidelines for the Preparation and Implementation of Integrity Plans., https://apk-rks.net/index.php/2023/06/27/drejtori-i-agjencise-per-parandalimin-e-korrupsionit-yll-buleshkaj-sot-ka-nenshkruar-vendimin-per-aprovimin-e-metodologjise-uniforme-dhe-udhezimet-per-perpilimin-dhe-zbatimin-e-planeve-te-integritet/.

[22] BAK (2023), “Reporting office for whistleblowers of the Federal Office for the Prevention and Combatting of Corruption (BAK)”, https://www.bkms-system.net/bkwebanon/report/clientInfo?cin=8HObc4&c=-1&language=ger.

[16] Berisha, L. and X. Bami (2024), Kosovo Jails ex-Minister Over Extra 53-Million-Euro Payment for Motorway, https://balkaninsight.com/2024/01/31/kosovo-jails-ex-minister-over-extra-53-million-euro-payment-for-motorway/.

[15] European Commission (2023), Kosovo 2023 Report, https://neighbourhood-enlargement.ec.europa.eu/document/download/760aacca-4e88-4667-8792-3ed08cdd65c3_en?filename=SWD_2023_692%20Kosovo%20report_0.pdf.

[19] European Commission (2020), Kosovo 2020 Report, https://neighbourhood-enlargement.ec.europa.eu/document/download/70ed56d2-f760-4aae-b68c-9fd8680e2466_en?filename=kosovo_report_2020.pdf.

[9] FOL Movement (2023), The Capacities of the Agency for the Prevention of Corruption in the Fulfillment of Legal Obligations, https://levizjafol.org/wp-content/uploads/2023/08/Agency-for-the-Prevention-of-Corruption-ENG-1.pdf.

[11] Humolli, A. (2023), (Non) Implementation of the Law on Whistleblowers Protection, Kosova Democratic Institute (KDI), https://kdi-kosova.org/wp-content/uploads/2023/12/26-Raport-MOS-Zbatimi-i-ligjit-per-mbrojtjen-e-sinjalizuesve-ne-nivelin-ekzekutiv-ENG-01.pdf.

[23] KNAB (2023), “Informational campaign “Corruption suffocates! report by using the KNAB app””, https://www.knab.gov.lv/en/korupcija-smace.

[6] Kosovo Institute for Justice (2024), IKD: Kosovo Without Anti-Corruption Strategy, https://kli-ks.org/ikd-kosova-pa-strategji-kunder-korrupsion/.

[17] Makshana, L. (2023), Prosecution and Trial of Corruption 2023, Kosovo Law Institute, https://kli-ks.org/wp-content/uploads/2023/12/Ndjekja-dhe-Gjykimi-i-Korrupsionit-2023-Anglisht-pdf.pdf.

[21] OECD (2022), Implementing the OECD Anti-Bribery Convention. Phase 4 Report: Portugal, OECD Publishing, Paris, https://www.oecd.org/daf/anti-bribery/portugal-phase-4-report.pdf.

[18] Prishtina Insight (2023), Dismissal of Police Special Investigations Director Raises Political Concern, https://prishtinainsight.com/dismissal-of-director-of-special-investigation-unit-raises-political-controversy/.

[5] RCC (2023), Balkan Barometer 2023 Business Opinion, https://www.rcc.int/balkanbarometer/publications.

[3] RCC (2021), Balkan Barometer, Regional Cooperation Council, https://www.rcc.int/balkanbarometer/publications.

[4] RCC (2020), Balkan Barometer, Regional Cooperation Council, https://www.rcc.int/balkanbarometer/publications.

[20] State Prosecutor (2023), The Nine-Month Report of the Work of the State Prosecutor January-September 2023, https://prokuroria-rks.org/assets/cms/uploads/files/Raporti%20i%20Pun%C3%ABs%20s%C3%AB%20Prokurorit%20t%C3%AB%20Shtetit%20p%C3%ABr%20periudh%C3%ABn%20janar-shtator%202023.pdf. (accessed on 13 June 2024).

[2] Transparency International (2023), Corruption Perceptions Index, https://www.transparency.org/en/cpi/2023. (accessed on 13 June 2024).

[24] United Nations (2004), United Nations Convention Against Corruption, https://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf.

[1] World Bank (2023), Worldwide Governance Indicators - Control of Corruption, https://www.worldbank.org/en/publication/worldwide-governance-indicators. (accessed on 13 June 2024).

Notes

← 1.  The draft Law on the Register of Beneficial Owners can be accessed here: https://kryeministri.rks-gov.net/wp-content/uploads/2023/11/Projektligji-per-Regjistrin-e-Pronareve-Perfitues.pdf.

← 2.  For more information see (in Albanian): https://telegrafi.com/emrat-e-10-zyrtareve-ndaj-te-cileve-prokuroria-speciale-ngriti-aktakuze-per-korrupsion.

← 3.  Read more by Albesa Humoli, (2023[11]), (Non) Implementation of the Law on Whistleblowers Protection.