Judges, Prosecutors ' Slow Work Criticised

Judges and prosecutors in Kosovo continue to be stinged with criticism, whether by Western diplomats or civil society, because, reportedly, slow work and procrastination of subjects. Criticising their work is also expressed in the Kosovo Judiciary Council.

As for the payment, judges and prosecutors in Kosovo, according to civil society data, are among the paid ones if compared to their colleagues from countries in the region. A judge's salary in this court is between 2,200 and 2,300 euros.

But, they are failing to do the jobs they are in charge of, representatives of nongovernmental organisations in Kosovo declare that monitor the work of justice system mechanisms.

Betim Musliu from the Kosovo Institute for Justice said the results of the work of judges and prosecutors do not coincide with the salaries they receive and the status they enjoy in Kosovo society. According to him, judges are never able to respond to the many demands of citizens.

Some orient standards that are set continue to be respected correctly, but they never try to work harder in ways that simply respond to citizens' demands for justice”, Musliu said.

The United States' ambassador to Pristina Philip Costnet has also criticized judges of the Supreme Court's Special Chamber.

He wrote in a Twitter post that, although the old Law for the Supreme Court's Special Chamber has enabled local judges to continue the trials without colleagues from EULEX the European Law Rule Mission, they have been able to work on preparing the remaining materials.

The Supreme Court's Special Chamber judges have received salaries for a year without making any decisions, as an old law (now amended) said EULEX judges should be sitting there to continue the judgments. These judges have been able to prepare the leftovers behind”, Costnet stressed.

Supreme Court Chairman Enver Peci told Radio Free Europe that judges in the Special Chamber have not done things the way they should. Peci said that at several meetings held with the respective judges, they have been warned of misadvancing.

The “in one respect has ignored the Judiciary Council's decision, which is the body overseer of all courts. They've made a decision outside the competencies or what's been decided on in the KDR, and by the decisions of the KRC they've only followed the character and the provisional measures. And in fact, those cases have not solved the problems of citizens and the demands of citizens who have been put before that court”, Peci said.

Citizens wait longer than 10 years for court dispute resolved

The Supreme Court is competent to decide: on a third degree for legalised complaints, the request for extraordinary legal means against the court decisions of the plain form of the Republic of Kosovo as pre-lawed, the revision against second degree court rulings on controversial issues, as provided by law.

Similarly, the Supreme Court defines principled attitudes and judicial thinking on issues that matter uniquely the implementation of laws by courts on Kosovo territory, the subjects of the Kosovar Property Agency, as provided by law, in the Special Chamber, the subjects of the Kosovar Privatisation Agency or the Kosovar Trust Agency, as provided by law and other pre-law cases.

The Kosovo Assembly has already adopted the Law for the Special Chamber, and with the entry into force of this law, the chamber will be monitored by Supreme Court leaders.

Until the adoption of the new law, the Special Chamber, under the old law, had its chairman. I am hoping that even the Judiciary Council should look into why the decisions of the Judiciary Council are not respected and perhaps any procedure must be initiated”, Peci said.

For, reportedly, non-employment and efficiency in the justice system, Betim Musliu says the problem lies in the fact that judges and prosecutors have been recruited and appointed to those positions. He also says the way they are advanced makes those devoted policy workers and certain interest groups.

The lack of accounting mechanisms has made both judges and prosecutors powerful enough to hold anyone accountable. Therefore, they solve as many subjects today as they are simply obliged to solve on the basis of the orientation rate, but their commitment that must coincide with high personal and professional integrity has not been witnessed and is not being testified to”, Musliu said.

Over 245 thousand subjects expect solutions in courts

Currently, courts in Kosovo are facing large numbers of unresolved subjects, as well as an insufficient number of judges. This problem has not managed to weather over the years, despite the fact that in European Commission and local organisations reports, it has always been marked as a serious issue, along with the other problem involving the lack of judicial independence from political influence.