Corruption in the Public Sector in the Republic of Kosovo – Empirical Analysis of Causes and Factors

Abstract

While exercising their duty to serve and protect its constituents, public servants are faced with challenges and situations which may end up leading them to misuse the trust that has been bestowed on them by the public. The misuse of authority when in office with the sole purpose of self-gain or the benefit of another in science is defined as corruption. This paper aims at analyzing the main concepts when it comes to defining what the notion of corruption entails in general as well as the legal framework in place cited to help the local institutions in fighting this phenomenon.

The Republic of Kosovo does have a solid and balanced legal framework in preventing and fighting corruption, a framework which consists of laws that are in compliance with the international standards incorporated by a number of international conventions (The United Nations Convention against Corruption and the Criminal Law Convention on Corruption, etc.). Even though the Republic of Kosovo is not one of the signee countries of either of the abovementioned conventions, the country itself has incorporated its recommendations into its national legislative premises. When it comes to fighting corruption, one of the biggest challenges the Republic of Kosovo is facing is the inefficient and rigid judicial system. The influence of politics in the judicial system represents a great challenge as well, especially in terms of treating high-level cases or even politically related corruption.

The factors influencing the spread of corruption and the lack of proper legal addressing in this country are the socio-economic environment and political situation and slow state building, including international mechanisms and civil society which were powerless against this phenomenon.

The purpose of this research is to analyze the legal basis for preventing and combating corruption in the Republic of Kosovo. From the empirical research which was carried out to evaluate the causes and factors of corruption in Kosovo, we have come to the conclusion that among the citizens there is a perception that the criminal offense and the phenomenon of corruption are widespread in public institutions.