The Court finds that MED has violated the Constitution and the law in the privatization process of KEDS and the tender for TPP "Kosova e Re"
On January 9, 2018, GAP Institute accepted the verdict of the Basic Court in Pristina, which approves the claim of the GAP Institute on behalf of the Kosovo Civil Society Consortium for Sustainable Development (KOSID) for not allowing access to public documents .
The Court has found that the Ministry of Economic Development and KEK have violated Article 41 of the Constitution and the Law on Access to Public Documents when they have not allowed access to the KEDS privatization assets and tender documents for the Kosovo New Power Plant.
On June 3, 2013, GAP Institute on behalf of KOSID filed a lawsuit against MED for not allowing access to public documents. KOSID member organizations during the period 2011-2013 have submitted dozens of requests for access to public documents in the privatization processes. All requests were rejected by MED on the grounds that those documents are drafted and are classified documents for which access is not allowed.
The Court has concluded that even the unfinished documents are public documents in which access should be allowed, and has considered as unwarranted the response of MED that the documents of privatization of public property fall into the category of confidential documents. In addition, the Court finds that KEK has also violated the Law on Access to Public Documents when it refused to respond to requests for transparency, with the justification that the Law on Access to Public Documents does not apply to public enterprises as well.
The verdict obliges the Ministry of Economic Development to allow access to KEDS's privatized assets and to tender documents for the Kosovo New Power Plant within 30 days.
This verdict, which came four and a half years after filing the lawsuit, is delayed, considering that during this period the process of privatization of KEDS assets was completed and the list of assets was made public after privatization. It is noteworthy that four hydropower plants were included in the KEDS privatization asset list, the sale of which was kept secret from the public and the Kosovo Assembly. KOSID estimates that allowing access to KEDS assets at the time the request was made would have prevented the damage to the public interest.
At the same time, we express our concernx that after all these facts, the prosecution did not see as reasonable to file a suit for the privatization process of KEDS.
Regarding access to tendering documents for the construction of the power plant "Kosova e Re", the verdict is delayed due to the fact that the Kosovo Government has already signed a commercial agreement for the ‘New Kosovo’ Power Plant. One day after the signing of the commercial agreement, KOSID organizations have submitted a request to MED for access to the signed contract, but so far this was not allowed with the justification that the signed contract was not finalized. Based on the verdict of the Basic Court in Pristina, access to non-financial documents should also be allowed, so KOSID again urges MED to allow access to the signed contract for the construction of the "New Kosovo" power plant.
KOSID expresses disappointment that the verdict does not foresee penalties for the institution and persons responsible for not allowing access to public documents as provided for by law.
HERE, you can find the verdict of the Basic Court of Pristina.