Assessment report approximation draft Law amending and supplementing L

Assessment report on the approximation of the current draft Law on amending and supplementing Law on Civil Use of Explosives with relevant EU directives on civil use of explosives.

Assessment report on the approximation of the current draft Law on amending and supplementing Law on Civil Use of Explosives with relevant EU directives on civil use of explosives.

Support the beneficiary institutions in assessing and drafting of legal/sublegal acts

Home Affairs Programme of European Union in Kosovo,or HAPE, as is known by its acronym, is an EU-funded technical assistance project conceived to support and assist key Kosovo law-enforcement agencies and ministries, in particular the Kosovo Ministry of Internal Affairs (MIA), Kosovo Police (KP), Special Prosecution of Republic of Kosovo (SPRK), in achieving their objectives and bringing their performance closer to EU standards.

The Grant Contract No. IPA/
2022/441510 , for the implementation of HAPE project, was awarded by the EU Office in Kosovo to the Ministry of Interior (MoI) of the Republic of Italy, as the lead partner. MoI of the Republic of France and Belgian Federal Police are the other two implementing partners of the project. The project started the implementation period on the 1 st of March 2023 and is expected to last for 40 months.

The specific objective number 1 of HAPE is to strengthen the capacities and improve the performance of MIA and its dependent institutions to align effectively with the EU Acquis (chapter 24). The specific objective number 2 is to strengthen the investigative and operational capacities of the KP, SPRK and Kosovo Academy of Public Safety (KAPS), in the fight against Serious Organized Crime (SOC), corruption, terrorism, cyber-security, forensic, border management, migration, seizure and confiscation of criminal assets.

One of the aims of the HAPE project under outcome 1/output 1.1.2 is to support the beneficiary institutions in assessing and drafting of legal/sublegal acts. In particular, the output 1.1.2 requires support MIA in in assessing and drafting the Law on amending and supplementing Law no. 04-L-022, on Civil Use of Explosives, in compliance with EU relevant Directives (on civil use of the explosives).

This new law is in the MIA’s legislative priorities for 2024.

Therefore, HAPE project will recruit and deploy an international short-term expert (STE) to support MIA to finalize and approximate the draft Law on Civil Use of Explosives with relevant EU Directives and best standards, in compliance with the Kosovo legislative drafting priorities, before MIA submits for public consultation and Parliament.

The specific objective of the assignment is to review the current law and to assess the new draft Law on the Civil use of Explosives with the relevant EU Directives in the area.

• Requested services and tasks for the contractor

The international STE is expected to carry out the following services and tasks:

• Review and analyze the current Basic Law no.04-L-022 (2011) on Civil Use of Explosives;
• Review and analyze and comment the Draft Law on Civil Use of Explosives;
• Identify relevant EU acquis and EU Directives;
• Identify potential norms that are not aligned with EU Acquis and relevant Directives on the civil use of the explosives;
• Identify potential gaps in the current draft law visa-a-vis EU Acquis and relevant Directives
• Draft relevant proposals and recommendations to ensure the approximation of the current Draft Law with EU Acquis and relevant Directives on the civil use of explosives and the best practices.
• Collect feedback on the draft law in a systematic manner to improve the assessment.
• Any other service necessary for the completion of the tasks above.
• REQUIRED OUTPUTS AND DELIVERABLES

The outputs required include:

• The current and the draft law on Civil Use of Explosives reviewed and assessed.
• Assessment report including findings and recommendations in order to ensure the approximation of the current draft law on the civil use of explosives with relevant EU Acquis and Directives.
• Final Mission Report (max 2-3 pgs.).
• METHODOLOGY

The expert is expected to carry out the assignment in close cooperation and consultation with MIA…