Kosovo's justice system has progress

About 400 judges and 197 prosecutors are currently engaged in the justice system in Kosovo. However, a large number of subjects continue to remain unresolved in the courts.

Nongovernmental organisations in Kosovo, which monitor the work of the justice system, stress that citizens still face the problem of procrastinating the procedures for examination of subjects, as well as inefficient justice.

While the European Commission, through progress reports, has reiterated each year that it expects Kosovo to mark visible progress within the justice system and rule of order and law in general.

Kosovo Government Justice Minister Abelard Tahiri told REL, that with the aim of increasing the efficiency of work in the ongoing justice system, there are four laws that, according to him, will help positively in this regard.

The minister stressed that the government has supported the justice system in terms of budgetary requirements as well.

This is done in order to further advance the efficiency of courts and prosecutors in Kosovo. We are under way and the Government has given support to judicial and prosecutorial power. In 2018, we've met the budgetary needs they've been looking for. In this year, about 300 new positions for professional collaborators --” will be added.

“Differently, we can say that it is still time to talk about the results, because those judges who are being recruited have not yet started work”, the justice minister announced.

Meanwhile, Kosovo Prosecutor's Council leaders said that with the number of prosecutors increasing, efficiency has also increased.

Blerim Isufaj, chairman of the Prosecutorial Council, said that increasing the number of prosecutors from 130 to 197, has significantly reduced the number of subjects prosecutors have had at work.

I can tell you with responsibility that the process is going well. The number of subjects is dropping. This will create much greater opportunities to get a better performance of prosecutors”.

The “they, in a very short future, will expect materials and the opportunity to have greater performance and study a subject and file a more quality charge, is much greater now”, Isufaj said.

Even in the Kosovo Judiciary Council, they say that with the increase in the number of judges, there has been an increase in review of the materials that have been pending.

Ayse Qorray-Berisha spokeswoman of the Council, told Radio Free Europe that in all courts it is working better with increasing the number of judges, but, as she said, the Council expects even greater results.

“We are never satisfied with our achievements, because we also aim to increase efficiency at work in the entire justice system in Kosovo. Judges, as far as they could have worked, yet there has always been a impasse because of the small number of judges. As we are in recruiting and growing, we expect an even higher efficiency”, said Qorray Berisha.

Despite a certain number of judges have been admitted in recent months to the justice system, they, under the Law for Courts, cannot order the magistrate's post without completing training at the Academy of Justice in a period of a year.

Representatives from organisations monitoring the work of the justice system said that a slight increase in labour efficiency in courts can now be seen, but, as expressed, is not yet at the right level.

Ehat Miftaraj from the Kosovo Institute for Justice said that citizens who are dealing with courts and prosecutors still have problems with the delays in examining the subjects.

“Without a performance assessment, without a control system, without a discipline of judges and prosecutors, who fail to comply with their obligations under the Constitution and Law, cannot be said to succeed even if we increase the number of judges and prosecutors”.

“in this direction, if control mechanisms do not work, then we will be in the situation we are in, so that Kosovo citizens will wait for years and years to address a subject of their course in the Kosovo courts”, Miftaraj praised.

The Kosovo government has already approved the new Kosovo Criminal Code draft. The new Penal Code is said to have a new approach to fighting organised crime and corruption, as well as other negative phenomena.

Justice Minister Abelard Tahiri said that with the amendment of the Penal Code, severe penalties for public money abusers have been envisioned. According to officials in the justice system, changes in the Penal Code give a strong answer to the requirements for preventing corrupt actions on the level and on other issues.

“have been identified so far as those that have so far been like obstacles in both procedural or material terms. I hope these new changes will make a much more practical code for us, for a more literal, more fair, more real functioning and a greater success in our “work, said Blerim Isufaj, chairman of the Prosecutorial Council.

Sentences for criminal acts linked to corruption with the new Penal Code, which is expected to take effect in January 2019, have increased and new amendments have been proposed that prohibit people convicted of corruption from exercising positions and functions in public administration in length of up to 10 years from declaring the punishment act.

The US State Department in published reports has sometimes criticised Kosovo institutions, saying the Government has not effectively implemented laws that enable the persecution of officials involved in corruption, and this phenomenon remains a serious problem.