Indicator 4. In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.

The burden of proof to demonstrate compliance with the duties seth forth in FAI legislation rests with the public authority concerned.

Summary

None of the analysed countries have explicit provisions on the burden of proof in the appeal process. In BiH and Kosovo, there are norms implicitly prescribe that the government bears the burden of demonstrating that it did not operate in breach of the rules. However, this is not sufficient to assess that any of the legislations is in line with the standard, even partially.

Current state of play

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Average, 2021

ALB BIH KOS MNE MKD