Council of Europe - Venice Commission

> > KOSOVO - Kosovo - Opinion on the “draft law on amending and supplementing the Law no. 03/l-174 on the Financing of Political Entities (Amended and Supplemented by the Law no. 04/l-058 and the Law no. 04/l-122) and the Law no. 003/l-073 on General Elections

KOSOVO - Kosovo - Opinion on the “draft law on amending and supplementing the Law no. 03/l-174 on the Financing of Political Entities (Amended and Supplemented by the Law no. 04/l-058 and the Law no. 04/l-122) and the Law no. 003/l-073 on General Elections

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Paragraph 55

The Venice Commission recommends regulating more explicitly, both in the relevant LGE and LFPE provisions, that the Office is competent for the imposition of sanctions on political entities in the area of regular and campaign financing. Article 42 of the LGE should also be amended accordingly, for the sake of consistency. As for Article 11.1.E of the LGE, according to which political entities shall be requested, before the imposition of sanctions, to make corrections within the deadline set by the Office, it is recommended to introduce clear legal deadlines instead of leaving this decision to the discretion of the Office. As far as Article 126, paragraph 1 of the LGE is concerned, it lacks the clarity necessary to determine without doubt which offences can be sanctioned under this provision. It is also unsatisfactory that the CEC/CEC Office and the Court of First Instance have parallel competences, which might lead to conflicting decisions. It is recommended that these deficiencies be remedied in the current reform process.