As non-effective and low in constructiveness was assessed the work of Kosovo Assembly during spring session of 2016. The KDI monitoring report depicts numerous difficulties which the fifth legislature faced, although they were more of political nature. The bitterness that was build up since the consolidation of the Assembly and then political crisis have reflected along this mandate. Rejection of the Association Agreement of Serb Majority Municipalities and Agreement for marking the border line with Montenegro, have dominated the discussions of deputies, although neither of the two agreements was not put formally for discussion in a plenary session. Election of the President, as in rare instances was followed by throwing tear gas at the plenary session and the detention of MPs from opposition parties. The work of the Assembly was vastly boycotted by the opposition. In the committees where chairs were of the opposition parties, meetings were chaired by vice chairs from governing coalition.
During the reporting period it is noted that parliamentary committees were not very productive. The boycotting of the meetings from the members of opposition parties has significantly decreased the constructiveness of the debate and has impacted the work of committees as due to the lack of quorum 19 meetings failed to be held. Parliamentary committees conducted in total 223 meetings and 13 public hearings. Comparing to the same period in 2015 there are 63 less meetings and 19 less public hearings held.
The plenary sessions make no exception in this regard. Their volume was decreased by 39%. Only 14 plenary sessions were held, whereas in 2015, during the spring session, the Assembly held 23 plenary sessions, 9 more than this year. The small number of plenary sessions has diminished the productivity of Assembly’s work. The work lacked a working plan, as foreseen by Rules of Procedure. A discrepancy was noted between what was initially planned by Government to bring in the Assembly’s table and what in fact was brought.
Out of 87 bills that Government promised to proceed in the Assembly, only 23 were delivered by the end of the spring session. Based on the approved working plans of committees, Assembly’s legislative program includes 135 bills. Out of these, during the spring session 35 laws were adopted (25.9%), 20 (14.8%) remain in procedure within committees, and 80 other bills (59%) have not been proceeded yet to the Assembly. The initiation of legislation remains a challenge for the Assembly. Only one legislation initiative was brough forward. Another project-law was transferred from the previous year and relates to a citizen initiative. All legislation is sponsored by Government.
The executive oversight mechanisms were barely utilized thus diminished the oversight role of the Assembly. In total, 83 parliamentary questions were submitted, out of which 45 (54%) received an answer, whereas 38 (46%) were refused by the members of the government. The fact that only 24 out of 120 deputies raised parliamentary questions is concerning. The remaining 96 MPs did not exercise this right. Comparing to the same period last year, there are 118 less questions. Last year MPs raised 201 parliamentary questions. The Committees have planned to oversee the implementation of 23 laws. Out of this number, only 5 laws have been monitored whereas the reports were sent to the Assembly. No oversight took place for the remaining 18 laws. There are additional 7 laws that are in procedure of monitoring.
In terms of loyalty of MPs towards the stands of parliamentary groups, an increase in loyalty for 2% goes to Lista Srpska, whereas the loyalty has decreased for PDK and LDK parliamentary groups. No changes were evidenced in the loyalty of other caucuses.
Regardless of low productivity, MPs were rather active in traveling abroad. A total of 128 trips were implemented during spring session. These trips costed the Assembly around 110,000 euros. The Assembly has made progress with regards to financial transparency. The detailed expenditures, with some delays, were published for public. Access to public documents is quite satisfactory and the meetings of Presidency and other assembly bodies remain open for the public.
Aiming at improving the work of the Assembly and increasing its effectiveness, KDI proposes the following:
· Approval of the state budget shall be subject to parliamentary debate and consultations with public
· Laws shall be consolidated
· The accelerated procedures for adopting the legislation shall be specified with Rules of Procedure
· The replacement of ministers shall go through the voting process in the Assembly
· Sanctions to be imposed for not approving the annual reports of independent institutions
· Establishment of the No-portfolio Ministry on Parliamentary Affairs
· Drafting of the Assembly’s work-plan