Venice Commission also shares with Kosovo Government, Justice Ministry

The bill proposed by the government for the Kosovo Prosecutorial Council has taken a different course. The Venice Commission has rejected its main provisions, although it has not rejected the principle of setting the balance between prosecutors and secular members in the composition of the KKP.

The Venice Commission has named the steps taken by the Kosovo government for changing the Law for the Kosovo Prosecutorial Council dangerous, Paparaci reports. com

In an opinion released on November 26th, which the online medium Paparac has provided, the Venice Commission has rejected the draft's main proposals for the Prosecutorial Council.

The Venice Commission's opinion has been issued under the Kosovo Government's request on accepting advice prior to the bill's proceedings in the Kosovo Assembly.

The justice ministry, led by Albulen Haxhiu, has said that through legal changes to the KKP, the executive aims to reform the State Prosecutor deeply.

However, 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”.

As Paparaci reported about a month ago, the new KPK bill envisions the redefining of the composition of the Kosovo Prosecutorial Council. Of the 13 members, which consists of the Prosecutorial Council based on the current Law in force, the government's draft law aims to reduce KPK's composition to seven members.

Four of them will be elected by the parliamentary majority, currently of the Vetevendosje Movement. Three more are set to be selected from the prosecutorial system.

Prosecutorial Council independence endangered

Proposals prepared by the Kosovo Government for redefining the composition of the Prosecutorial Council have been named unnecessary by the Venice Commission.

The body that functions with the Council of Europe has recommended the selection of KKP's “ ” members with only a wider majority than the ruling majority in the assembly. Therefore, says the Venice Commission, the possibility of controlling the KKP is eliminated by the simple majority in the assembly.

On the contrary, the Venice Commission suggests that secular members do not stem from the Assembly of Kosovo, but from independent foreign institutions.

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.

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.

According to MD's legal proposals, the 13 members currently representing the KKP, which are mandated based on the current Law for the Prosecutorial Council, would be dismissed. They would be suspended in half, Paparac reports.

The Venice Commission flats down that proposal. Names it dangerous for “prosecutorial independence”.

The transitional subsumptions envisioning the early completion of mandates of all current KKP members and allowing the renovated KPK to operate only with secular members in its composition are dangerous for independence and prosecution and should be revised”, the Venice Commission's opinion states.

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 arrangement of the KKP composition, if necessary. The law should more clearly define the respective spheres of the KP's and KKP's competenc8x1>, the opinion estimates.

The government's legal proposals envision the formation of a parliamentary commission, headed by the Kosovo Parliament Speaker, that would propose MPs for the vote a narrow list of KPK candidates.

The selection of four Council member candidates is made by the Special Assembly Commission”, the draft law said. The Council's “Presidents are elected by a secret vote from the Parliament of the Republic of Kosovo, with the majority of votes of all its deputies”.

The government's bill for the Kosovo Prosecutorial Council was published at a time when relations between the government and the KKP were irritated. Communication between them was cut off for about a month after the clashes of MD and KKP officials.

What's the Venice Commission?

The Venice Commission is a advisory body to the Council of Europe, which in its focus carries, interprets and advises on problems about democracy and the law.

He is an advisory body on constitutional issues, which was founded in 1990, writes Paparaci.

This Commission, according to descriptions also on the official page, continues to offer certain states assistance or constitutional consultancy by trying to play a positive role in crisis management.

The Venice Commission's main task, according to what is presented in the actions it functions on, is to give legal advice to member states about laws that are important to the democratic functioning of institutions.