Whose wealth can be confiscated by the new law?

Yll Zekij, who is a researcher at the Kosovo Institute for Justice (IKD), has said that if such a law is made, it will completely change the concept of seizure of property in Kosovo.

“Today, the Kosovo government adopted the concept of the document handed down by the Ministry of Justice, which allows it to become a law with which unwarranted property will be confiscated. Based on the analysis of this document concept, it is seen that it will generally change the concept of confiscating property in Kosovo, moving from that criminal to confiscating civilian property. For the first time in Kosovo, we will have the possibility of confiscating property without being pronounced a guilty person and without having an all-powerful conviction through a civil procedure which, as explained today, will be implemented through an independent agency that will be mandated for the implementation of this law”.

Zeqaj, in Info Magazine of Kosovo, has said he hopes the Government of Kosovo for this law has consulted the American Embassy and the EU Office, which has invested heavily in rule of law.

The document's “Concept is the early phase of drafting legislation that determines only the quality to regulate a state. We so far do not know whether the Ministry of Justice, the Government of Kosovo, for preparing this document concept has been consulted and co-operated with our international partners who are the EU Office and the American Embassy, who have invested a long time of professionalism and more tools to advance rule of law in Kosovo. I hope that soon the Ministry of Justice will form working groups where they will still have to be part in order for this law to ensure that citizens' rights and freedoms are respected first. For the IKD any initiative aimed at combating organised crime and corruption, which would result in the seizure of property, is welcome and welcome”.

We've already had a law of extensive competence for property seizures that has allowed if a person is convicted of absolute justice not only to seize the property acquired from that criminal act but also to return and investigate property for the previous 10 years. The Kosovo government should provide international support, be in line with European conventions, and also not violate the country's constitutional and legal order”.

What, though, is the amount of money that can be considered unwarranted wealth?

This document concept makes various state models. The height of the value of unwarranted wealth is taken mainly by the Irish system, which is precisely defined as any acquired property that cannot be justified and is higher than 5,000 pounds seized. The problem lies, not in law, but in law enforcement. By systematic monitoring of the justice system, we have seen numerous cases, even though criminal acts have been proven, prosecutors have not applied for the seizure of property.

Zekiaj from the IKD has stated that Vettingu and the Law on Confiscating Unwarranted Wealth both promises of the Kurti 1 and 2 government exclude each other.

When we have a Vetting process and a law on confiscating unwarranted property, our opinion is that they exclude each other. The government is justly not believing in Kosovo's judicial and prosecutorial system, because we are dealing with a lack of integrity and professionalism, then how can such a law be passed into the hands of these people who have conflicting integrity?”.