Prosecutorial Council reacts after Venice Commission hits Kurti Government

According to the Prosecutorial Council, this opinion ensures the division of powers and the independence of the prosecutorial system by redeploying that initiatives undertaken by the Ministry of Justice to change the Law on the KKP with these proposals are contrary to international practices and standards.

“In the opinion, at 49 points respectively, notes that the procedure of electing secular members (including the initiative of selecting a member prosecutor from the Kosovo Parliament) is very complicated, unclear and creates opportunities for manipulation”, the KKP report said.

The Venice Commission at 57th of this opinion raises two main concerns; A “Council of “introduced” that would be exclusively made up of secular members (including the plainly elected prosecutor from the Kosovo Assembly) will have the same power as the fully composed Kosovo Prosecutorial Council, and most importantly, it will decide on the election of the new head of state to take place at the beginning of 2022<84>.

The Prosecutorial Council says the second question is that the same “Council reduced” with secular representatives will provide full control on the electoral commission that oversees the process of electing new Council members from their colleagues.

“In the opinion of the Venice Commission, the amendments proposed by the Ministry of Justice are contrary to international and European standards, and these changes propose the prosecutors' departure from governing the prosecutorial system at the most critical moment when the chief State Prosecutor and members from their ranks” will be elected.

“While, in terms of cutting off the mandate of current KPK members, the Venice Commission at point 54, reexons that the break of a member of the Council's early mandate (when it does not come due to voluntary resignation, abolishing the entire institution, or for other similar reasons) should always be linked to an identifiable wrongdoing or failure to perform his or her duties. KKP members should not be named “simply because the parliamentary majority or their colleagues disagree with the decisions they make”.

Also, the Kosovo Prosecutorial Council says the Justice Ministry proposal increases the risk of unnecessary political influence on the KKP.

At the end of the Kosovo Prosecutorial Council says it remains committed to working in the direction of full implementation of the Law Rule Strategy, which preserves institutional independence and aims to advance strengthening the rule of law in the Republic of Kosovo.