Dangerous, subject to Prosecution: 5 main points you should know from the Venice Commission regarding the Government Initiative

The Kosovo government had taken the initiative to amend the Law for the Kosovo Prosecutorial Council. Prior to its proceedings, the government's Venice Commission council has been requested. The Commission has rejected the draft's main provisions, some of them, naming them dangerous and KPK-insistance by politics. The Paparacium media a few days ago published the document/the opinion issued by the Venice Commission on the Bill. But what are the main points that were released by the Commission, which is an organ that provides advice and interprets the problems of democracy and rule of law.

These are the 5 main points you need to know that were taken. Cut-off from Paparac, here comes Periscope:

1.The Venice Commission has estimated that the provisions of the government's legal initiative endanger the submission of the Kosovo Prosecutorial Council by politics. The “Reform should not lead to KPK submission to the ruling majority”, the Venice Commission estimates. “Project changes propose that all secular members be elected by a simple majority in the Assembly. This proposal increases the risk of unnecessary political influence on the KKP and must re-evaluate”.

2.Proposals prepared by the Kosovo Government for redefining the composition of the Prosecutorial Council have been named unnecessary by the Venice Commission. The simple majority resolution must be replaced by a proportional electoral system, or the appointment of some secular members by independent foreign institutions or civil society. It is necessary to ensure that the KKP component is sufficiently pluralistic so that the members appointed with the ruling majority votes cannot rule alone”, the Commission recommends.

3.The Venice Commission has also rejected the next transitional provision of the Bill, which proposes the dismissal of all KPK members after its entry into force.

4.The Venice Commission flats down that proposal. Names it dangerous for “prosecutorial independence”. “Passive divisions predicting the early completion of mandates of all current KKP members and allowing the renovated KKP to operate only with secular members in its composition, are dangerous for independence and prosecution and must be revised”, the Venice Commission's opinion states.

5.The commission also rejects the legal provision envisioning the expulsion of the chief state prosecutor from the Kosovo Prosecutorial Council. According to the Venice Commission, KP “should remain a member of KKP”. “The chief prosecutor should remain as a member of the KKP under official duty (with a corresponding overhaul of the KKP composition, if necessary. The law should more clearly define the respective spheres of the KP's and KKP's competence”, the opinion estimates. /Paparaci/Periskopi/