Prosecutorial Council, Judiciary boycott self-presuming in Kosovo

Justice Ministry adviser Genc Nimoni said representatives of the prosecutorial system and the judiciary have participated in drafting the concept of self-document, but that the two systems are already incompatible with this process, though they had earlier agreed to develop with legal changes.

Nimoni says this initiative for reform in the justice system will not stop despite these objections, as he said of KosovoPress, with vetoing, the accountability and trust of citizens in Kosovo justice will increase.

“Have recently been dubbed and withdrawn by their representatives, or better call it, that the KDR has decided at a council meeting not to send at all representatives to the self-processing group, while the Prosecutorial Council, after sending the names of their representatives, has issued a statement announcing it will not participate. ... They did not agree with self - sacrifice even though they were hired in previous stages, even claimed to agree with the option of legal changes. We've also got their recommendations on concept-document, on option 3... "We will continue to invite them away, but the reform will not stop because it is very fundamental reform because we consider that we will increase the accountability in the justice system and increase the results, and I will return the citizens' trust in the justice system, we have begun this and we will continue further”, he stressed.

While member of the Commission for Legislation from the PDK ranks Hajdar Beqa sees the process of vetoing without the involvement of the Kosovo Judiciary Council and Prosecutorial Council.

Although acknowledging that this reform of the justice system is necessary, deputy The PDK says the vetting process requires political consensus.

I think it's irrational to think that there will be a veto without the involvement of the justice system, the Judiciary Council and the Prosecutorial Council, respectively. I think they should carry the main burden and there should be a political consensus for self-preservation. I think that self-defence is more than necessary, but not a veto of a political bureau, but a veto that falls exactly deep reform of Kosovo's justice system, and the normal one that has no logic in the world to think of a veto without KDR involvement and the KKP“, he said.

The executive director of the Kosovo Institute for Justice (IKD), Ehat Miftaraj, said that in any initiative where it is discussed improving accountability and transparency in the justice system, the prosecutorial and judicial system should be present.

According to him, the Kosovo Prosecutorial Council, but even that Judiciary should not follow the anger policies, but should participate in the self-working group's meetings and give their opinion on any process.

I believe that both the KPC and the KKP would not have to follow hate policies, but would have to participate actively to express their opinions, express their clarifications about any initiative including the self-defence process... ] The KPC and KDR have had at least 10 years available to exploit their internal mechanisms, have had the last 10 years to improve integrity, performance efficiency, accountability of the system itself. According to the Constitution, The KCK, the KPC is a state within, are self-regulated institutions and depends on itself how much they want to be independent and transparent and how much they want to fulfil their obligations and we have seen that in the last 10 years these councils have failed and are continuing to fail today”, he stressed.

Regarding the non-participation of the Kosovo Prosecutorial Council and that Judiciary, Kosova Prees has tried to receive answers from both councils, but only the prosecutorial one has returned.

In response to the Kosovo Prosecutorial Council, they are said to be transparent with every process under way and affecting the prosecutorial system, including justice reform for vetoation.

The Kosovo Prosecutorial Council is quite transparent regarding the processes that are under way and where the prosecutorial system is affected in general. Regarding our positions, we have constantly announced public opinion through media reports and communiqués. For any one of our positions that relates to the property process, we'll be transparent and we'll call the media and through them the citizens of”, said the KKP letter.

Early this month, the first meeting of the task force for drafting and finalising legislation for the property process in the justice system has been held.

While early in October, Kosovo's government has adopted concept-document for the veto process and preparations for this process, which will last five years, are expected to begin in the first three months of 2022. Based on this concept of documentation, it is pre-priced for the self-saving in Kosovo to develop with the option of constitutional changes.

The vetting process was criticised in the 2021 Progress Report on Kosovo, where it was said the Government has reviewed several options for a process for slaining the judiciary and prosecution, until the possible presentation of a single-time re-evaluation of all prosecutors and judges presents a source of serious concern.