Law No. 03/L–149 on Civil Service of Kosovo (LCS) defines Ministry of Public Administration responsible for the preparation, coordination and implementation of training policies, education and capacity-building in Kosovo Civil Service (Article 6/2.5.).
It is further stipulated in the LCS (Article 10) that the Kosovo Institute of Public Administration (KIPA) is responsible for the implementation of training and education policies and strategies and capacity building in the Civil Service. Law therefore defines KIPA responsible for "implementing policies and strategies of training, education and capacity building in the Civil Service."
It is explicitly stipulated in the LCS, that participation in capacity building events is mandatory for all civil servants. No further legal basis is therefore necessary to introduce mandatory trainings.
According to Article 35 of the LCS, all civil servants in Kosovo public administration are eligible for and also required to upgrade and enhance their professional capacity through training in the Civil Service.
LCS regulates the situation when civil servant is on education or training. Namely, civil servants’ participation in capacity building events planned and delivered within the Civil Service are treated as equivalent to performing professional duties. Supervisors are responsible to facilitate and support participation of their subordinates (Article 35 of the LCS).
Civil Servants may also be authorized to attend, outside the Civil Service, specialized educational programs, for their professional development, as long as relevant for the Civil Service of Kosovo (Article 35 of the LCS).
Furthermore, according to the Law, civil servants have the right to be encouraged and supported in advancing career and professional development through training and other means (Article 43 of the LCS). On the other hand, according to Article 58 (duty to keep High Standards of Professional Performance), civil servants are obliged to ensure high quality of professional performance by improving their professional capabilities and take part in training activities relevant for their career development and increased efficiency of the State Administration.
LSC therefore defines training as a right and obligation for civil servants and emphasizes the link between their performance and training. Civil servants are entitled and obliged to increase their professional skills through training in the Civil Service.
To declare specific programs of training and examinations mandatory for civil servants, amendments of the draft law of KIPA have been proposed.
Through the Training strategy for civil servants in Kosovo 2011-2013, Ministry of Public Administration (MPA) aims to provide the basic principles of training of civil servants, training priorities, and institutional responsibilities for their implementation.
According to Training strategy, there is a wide gap between current capacity and desired capacity of PA in order to meet the challenges of time, due to:
- The lack of systematic approach towards training;
- The training process "is conducted in an uncoordinated manner;”
- The approach of institutions towards training has not been systematic
- Deficiencies in the legal framework, in particular, in bylaws that define specific responsibilities of various institutions.
According to Training strategy (referring to FRIDOM and EU Progress report), KIPA:
- Has encountered difficulties in realizing the goals and objectives in the area of training of PA;
- Has limited capacity and resources which affects the quality and quantity of training offered;
- Is not assisted on its work and have no active involvement of the executives of the institutions in defining needs and drafting strategies.
The Training Strategy for European Integration (2008-2010) states that training in this area has been "limited to a relatively small group of civil servants working in central administration and is dependent on donor funding organizations. As a result, the general level of information and knowledge in this area is low, and specialized knowledge in key areas more rare. In addition The Training Strategy for European Integration (2008-2010) expired by the end of 2010.