The functioning of the judiciary begins in the north, yet many shortcomings

Northern Mitrovica has been separated from the rest of Kosovo in almost every aspect for years. Although Kosovo police have been in that part before, they have not been integrated and have not obeyed the chain of command. So all directives were taken from Belgrade. In recent years, however, there has been some progress in this regard that leaves much to be desired.

In contrast, the year 2018 finds northern Mitrovica with yet another change. This, since, in November 2017, has also begun implementing the justice agreement in the northern part of Kosovo.

The start of implementing this agreement certainly has particular significance for rule of law, access to justice and realisation of citizens' rights, even in that part of Kosovo.

From the ongoing monitoring by the Kosovo Institute for Justice, it is seen that normal functioning of the justice system has begun in northern Mitrovica.

So said Indesksonline, the expert on justice cases, Ehat Miftaraj, who has added that they have observed a correct co-operation and co-ordination between prosecutors and judges of all communities. However, it shows what needs to be done in order for the justice system to function fully according to Kosovo's laws and Constitution.

Kosovo's “Law Institute systematically monitors the judicial and prosecutorial system, including courts and prosecutors in the northern part of Kosovo. From monitoring to this stage it is seen that even in this part the normal functioning of the justice system has begun, there is a proper co-operation and co-ordination between prosecutors and judges in all communities. However, in order for this part of the justice system to function under the laws and Constitution of Kosovo, it is important that the Judiciary Council and the Prosecutorial Council through monitoring, performance assessment and discipline exercise their determined control of the Constitution and law in order to have transparency and accountability in the work of the court and prosecutor”, Miftaraj has said.

Even the connoisseur of political affairs, Azem Vlasi, extending judicial power and consolidating judges and prosecutors in the north, sees it as a good progress for Kosovo. But, according to him, this is the only progress that has taken place in this part during the next year, suggesting that police competence in that part does not have complete control.

The “It is an important result because the state's judicial power has great significance and this is the sign that Kosovo's important power segment is extending and there and the prosecution, the judiciary, the judicial system will operate under the Kosovo system. But, unfortunately, order and law there is primarily police competence and is not under the unique control of the Kosovo police service. There we don't see a full leader, that means the head of the police control service has no full control of”, Vlads told Indexline.

According to him, extending the judicial system is a good sign for failing to divide northern Mitrovica, though it adds that it could not be formally divided.

“Mitrovica could not be formally divided either, because Kosovo's borders are internationally accepted, has the sovereignty and state independence with the borders we have had as well as autonomy. The tax administration system and municipal payment services system, such as the current, remains only to function better. If you see what problem we've had with not paying the electricity where all that burden is laid on all the taskors over the other parts of Kosovo”, he added.

As an important step has been seen by political connoisseur Nedmedin Spahiu. In a proposal for Indexline, Spahiu says it is an important step for all communities, not just North, but throughout Kosovo.

The “compromis that has been made in connection with the Courts in northern Kosovo has been a very important step for Kosovo and community life, not only in northern Kosovo, but also all that the Constitutional Court in Mitrovica included, even for the municipalities Skenderaj, Vushtrri and Northern Mitrovica”, Spahiu has been expressed.

Otherwise, the justice agreement, or integration into the Kosovo system of Serbian judges and prosecutors from the country's north, was reached in 2015, in Brussels by Kosovo and Serbia.