GAP: Kosovo's Ministry of Finance and Assembly don't have money for KRGQE and KKPCHA

The GAP Institute today released the report “there is no money for rule of law: how does the budgetary process affect judicial independence?”.

Analyzing the budgeting process for the Kosovo Judiciary Council and Prosecutorial Council, the study aims to highlight whether the government can intervene in their autonomy through budgetary means.

Through a media communiqué by GAP, this report argues that the current budgeting process could endanger the independence and effectiveness of judicial and prosecutorial institutions.

“Some of the problems identified in the budgetary division process include the lack of time and professional resources of the Kosovo Parliament to review budgetary requirements in detail, as well as a lack of time data and budgetary division criteria. The lack of regular budgetary hearings with the Judiciary Council and the Prosecutorial Council, as well as lack of data comparable to other countries, are some of the reasons that could lead to the limited budgetary capacity of these two institutions to effectively fulfil their” missions, the report said.

No evidence has been found in this report that political parties in power have deliberately wanted to intervene in the independence of the judicial system, but neither the Ministry of Finance nor the Assembly of Kosovo have been able to offer excuses about why they have rejected the KCK and KKP budgetary requirements.

The budget process for these two institutions has also been analysed against the Council of Europe's recommendations. The report offers a number of recommendations on how to improve the budgetary process for the judiciary. As recommended by the Council of Europe, the inclusion of the KDR and KKP during budgetary divisions should be binding and secured by law. Kosovo's Assembly should use reference points and provide transparent arguments to the public when supporting or rejecting the KDR and KKP budgetary requirements. The law on budgetary divisions should be handed over to the Kosovo Assembly at least three months before the start of the fiscal year, so that the commissions are given more time to assess budgetary requirements”, it is said further.

This study is prepared as part of the ENGGE II Stock Exchange Programme along with the Centre for European Policy Studies (CEPS) in Brussels.