Slow Judiciary Faces Hundreds of Thousands of Unresolved Subjects

Kosovo's justice system continues to be among the most critical, either when it comes to non-efficiency at work, then its failure to complete the matter, but also in the matter of corruption.

Kosovo Judiciary Council officials say the collection of outstanding materials continues to be a problem, which the judiciary is continuing to follow.

The Judiciary Council leaders say there are currently over 200,000 old subjects, which are not resolved, and that the largest number are in the basic courts.

Kosovo Judiciary Council chief Nehat Idrizi told Radio Free Europe that there are really a large number of outstanding subjects in the judiciary.

These materials are old and inherited year-on-year. The number of judges has also not been complete, and this collection of” has been constantly caused.

“We are making a strategy for reducing these substances. We're actually collecting data. We have experts from America who will make a concrete plan for this matter”, Idrizi said.

Because of this situation in the justice system, where the number of unfinished materials continues to be very large, the Kosovo Judiciary Council had made a decision in 2010 to draft a strategy for reducing old subjects. Despite the unfinished collection dynamic, this strategy, according to the KDR, is still being implemented.

The foundation court in Pristina currently has the largest number of outstanding subjects.

Various local and international assessment reports have stressed that citizens of Kosovo still face the problem of procrastinating the procedures for examination of subjects, as well as inefficient justice.

Nongovernmental organisations in Kosovo, which monitor the work of the justice system, consider that, along with problems in the debate between the courts and the prosecutor, there are problems even with classification of subjects, which should be priority for review.

Ehat Miftaraj from the Kosovo Institute for Justice told Radio Free Europe that in this respect the problems are obvious, since in Kosovo courts, the subjects are transferred year-on-year.

“Based on its data, the Kosovo Judiciary Council reportedly has more than 400,000 old materials in Kosovo courts. The large number of subjects in the first place is influenced by the fact that political parties have never prioritized the justice system in Kosovo by not offering sufficient numbers of judges, respectively, at the Constitutional Court in Pristina”.

Also, ill management or bad management of the Judiciary Council in relation to the Constitutional Court in Pristina has contributed to such a large number of subjects in Kosovo courts”, Miftaraj said.

For a normal and efficient function, Mifaraj underlines many strategies, but, according to him, if there is no increase in the number of judges and prosecutors, this system will remain behind even further.

He also considers that with the delay in resolving the subjects which are in the courts, citizens are being violated by basic rights.

The fact that citizens have to wait decades to achieve a right certainly affects their belief in a fair process, so until the judiciary in Kosovo fails to fulfill their obligations on the basis of the Constitution, on the basis of deadlines set by law, it certainly affects citizens to lose faith in justice and in certain cases will find other ways to realise their rights, which can then conflict with constitutional and legal order in Kosovo<1). Miftar> said.

In the published reports, including the European Commission's Progress Report, the justice system in Kosovo is described as a little reliable in citizens.