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Article

Establishing Protection Mechanisms for Bureaucrats

The Case of the Independent Oversight Board of Civil Service of Kosovo

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords Kosovo Civil Service, Civil service, Oversight Board, law, reform
Authors Dren Doli, Fisnik Korenica and Artan Rogova
AbstractAuthor's information

    This article discusses the position and powers of Kosovo’s Civil Service Oversight Board, mainly from a legal perspective. The article describes the reforms undertaken upon the Board and the civil service in Kosovo, while illustrating the central pillars of concern in regard to both the international presence and domestic institutions in Kosovo. The article then explains the three reforms and reviews each of the main legal changes the Board and the civil system have experienced, respectively. The last section of the article comprises an institutional review of the powers and the position of the current framework on the Civil Service Oversight Board, while allowing a part of the article to question its independence and pluralism. The article culminates with policy suggestions that would make the work of the Board, and the entire civil service, more independent and accountable to its mission.


Dren Doli
Dren Doli is a Senior Research Fellow at the Group for Legal and Political Studies, and a Senior Lecturer on Law Principles at Universum University College, having served earlier as a Senior Legal Executive for Integration to the Kosovo Prime Minister.

Fisnik Korenica
Fisnik Korenica is a Lecturer on the Theory of State and Law at the University of Prishtina, and a Senior Research Fellow at the Group for Legal and Political Studies.

Artan Rogova
Artan Rogova is a Senior Research Fellow at the Group for Legal and Political Studies, as a Lecturer on Economics of European Integration at Universum University College.
Article

Legislative Drafting Tools for Stabilization Provisions and Economic Balancing Provisions

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords legislative drafting, stabilization, economic balancing provisions
Authors Linnet Mafukidze
AbstractAuthor's information

    The article outlines the problems with stabilization provisions in national oil or gas legislation with regard to the difficulty of governments to implement legislation to develop its economic, social and environmental regimes. It also seeks to provide a potential guideline for legislative drafters in order to address the problems wrought by stabilization provisions, in national oil or gas legislation, through the use of economic balancing provisions. The article further gives tools for legislative drafters to use when drafting economic balancing provisions.


Linnet Mafukidze
Linnet Mafukidze is a Senior State Counsel at the Attorney General’s Chambers, Botswana.

Stefano Manacorda
Professor of Criminal Law, Seconda Università di Napoli; Visiting Professor, Université Paris I Panthéon-Sorbonne.

Steve Peers
Professor, Deputy Director of LLM European Community Law, Department of Law, University of Essex.

Ilias Bantekas
Professor of International Law and Head of Law at Brunel University.

Constantin Stefanou
Constantin Stefanou BA (NEC), MA (Essex), MPhil (Essex), PhD (Kent), is a Fellow and MA Director at the Institute of Advanced Legal Studies, School of Advanced Study, University of London.

Dionysios Spinellis
Emeritus Professor, University of Athens. The following text corresponds to a lecture held on 5 December 2005 at the Institute of Advanced Legal Studies of the London University in the framework of a Seminar for Judges and Prosecutors from EU Member States.

Helen Xanthaki
Dr. Helen Xanthaki, LL.B. (Athens), M.Jur., Ph.D. (Dunelm) is a Senior Lecturer and Academic Director of the Sir William Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London. The author expresses gratitude to Prof. Panos Koutrakos, University of Bristol, and Dr. Valsamis Mitsilegas, Queen Mary College, University of London, for their comments on drafts of this paper. Of course all inaccuracies and errors must be attributed solely to the author.

Valsamis Mitsilegas
Queen Mary, University of London.

Jacqueline Rubellin-Devichi
Professeur émérite de l'Université Jean Moulin (Lyon 3), Présidente de l'Association française de recherches en droit de la famille

John Eekelaar
Pembroke College, Oxford.

Bill Atkin
Reader in Law at Victoria University of Wellington, New Zealand.

Andrea Büchler
Dr iur, Lecturer at the University of Basel, Switzerland.

Panos Koutrakos
Lecturer in European Law, University of Durham. This article essentially reproduces, with minor changes, a contribution in a forthcoming volume on exports of dual-use goods edited by Per Cramer. I thank him for his permission to publish it in this journal. I am also grateful to Rosa Greaves and Bob Sullivan for their comments on an earlier draft.

Juliet Lodge
Centre for European Studies, Department of Law, University of Leeds, UK.

Mark Attew
Faculty of Laws, University College, London WC1H OEG.

Olusoji O. Elias
Lecturer in the Conflict of Laws, University of Buckingham; Rapporteur, African Law Seminar Series (University of London), SOAS, April-June 1999. This article is based on a talk of the same description given at the Institute of Advanced Legal Studies, School of Advanced Study (University of London), 8 July 1999. While a sense of appreciation is due to the participants at the first-named thought provoking series of seminars, the views expressed herein are the present writer's, in a personal capacity, and they should not be attributed elsewhere.

Frank Emmert

Andreas R. Ziegler
Dr. rer. publ. et lic. iur. (St. Gall), LL.M. (EUI), Graduate of the Academy of European Law (Florence) and International Law (The Hague). Lecturer at the University of St. Gall and currently visiting lecturer at the University of New South Wales (Sydney, Australia).

Peter Schlechtriem
Professor Dr. Dr.h.c., Director, Institut für Ausländisches und Internationales Privatrecht, Abt. I, Albert-Ludwigs-Universität Freiburg i. Br. The title of this article is, of course, a homage to all those colleagues who have, on various occasions, expressed their favourable views about the movement towards a European Civil Code, see, for example, Professor Ewoud Hondius and his many strong arguments and contributions in ‘European Contract Law: The Contribution of the Dutch’ in Europäisches Vertragsrecht (Hans-Leo Weyers (ed.)) (Baden-Baden, 1997), p. 45 et seq., with many references to his various articles and contributions; see also Peter-Christian Müller-Graff and his valuable ‘Private Law Unification by Means other than of Codification’ in Towards a European Civil Code (Arthur S. Hartkamp (ed.)) (Nijmegen, 1994), p. 19 et seq.
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