IKD reacts to Hadzi over proposals for members of the Jurisprudence Commission

In a communique, the tendency of Minister Hadziu to reason with any form of violation of the law through the proposal and election of Judge Albert Zogaj on the Commission for Proving Jurisprudence is unacceptable to the IKD.

“Minister Haxhiu at the plenary session of the Kosovo Assembly has misinterpreted MPs and the public, providing incorrect information and distorting the facts”.

According to them, the minister's tendency to shift the debate from its illegal decision and abuse due to constructive criticism, which the IKD has made to all powers, including now criticism of the Kurti 2 government, proves the different approach that this government has been in relation to civil society as it has been in opposition and with being in power today.

At the time of Kurti 1 Government, when she was elected to the post of Justice Minister Albulen Haxhiu, as with all the justice ministers, The IKD has held an official meeting in which it is discussed topics related to the Ministry's mandate.

Among other things, the question of members of the Commission for the Proving of Jurisprudence has been discussed, for which, at the request of Minister Haxhiu, The IKD has made several recommendations, based on the expertise and experience it has for the justice system, including Mr. Bird for deputy member of one of the subjects at the Jurisprudence Test Commission.

The point is that this IKD proposal at the time has not been in conflict with the law for these reasons: In February 2020, at the time of Kurti 1, Judge Albert Zogaj has not held large numbers of positions. The same has only been Court of Appeals and Legal at a private college and the Law Academy, as well as other irregular commitments.

The “circumstances that make Zogaj inappropriate for the Commission's chairman have occurred in March 2021, when Zogaj is appointed a member of the Kosovo Judiciary Council (KGJK) and in January 2021, when the same -- along with the positions of the Supreme Court and member of the KDR -- also signed a contract with an NGO<2> -- is said to be further.

In March 2021, with the admission of the KRC member's position, Zogaj is also assigned to these additional functions:

A reserve member of the Permanent Court Management Commission,
Recognition Commission member for Founding Court candidates in Prizren
A member of the working group for drafting the fact-gathering report on the functioning of the judicial administration.

Therefore, Zogaj's appointment in February 2020 has not presented a legal obstacle to the same. The legal obstacle has emerged at the moment that the same has been appointed a KDR member in March 2021. Consequently, at the time Mr. Zogaj in 2020, the 185 article stop has not been applied. "The Law on the KGGG”" further stated.

That IKD has no subjectivism whatsoever, the fact that IKD has specifically recommended Judge Zogaj for the Jurisprudence Commission, but at the time the proposal was legal.

In this case, IKD's reaction has gone towards protecting legitimacy. As we have clarified in our letter to Prime Minister Albin Kurti and through public attitudes, the KDR Law prohibits its members from being in positions for which financial compensation is accepted outside the KRC. Therefore, the appointment of Judge Zogaj is legal offence and we, like the IKD, strongly condemn political tendencies that on behalf of the capture of the state include the IKD.

Such an approach is unacceptable, and this is evidence that Kurti Government has no respect for power sharing, law enforcement and good governance.

That IKD is consistent and principled in attitudes and even proves this part of the letter sent to Prime Minister Kurti in April 2021:

“In this direction, The IKD as a non-governmental organisation specialising in the area of rule of law, kindly requires you re-evaluate your decision and take measures or actions you as government leader or Mr. Individual birds that to a degree repair this situation. This situation can be repaired by canceling the April 21, 2021 decision in relation to Mr. Birds. As with a measure, it may be considered legally acceptable if Mr. Zogaj, offers irrevocable resignations from all the positions currently exercised, except for the Supreme Court's position in the Court, to be considered chairman of the” Commission.

As much as, under the KDR Law, the leader, deputy chief and Council members have no right to exercise any other public or professional duty for which they are rewarded at payment, besides teaching in higher education institutions. This provision automatically excludes Mr. Birds from the opportunity to be, as proposed, Commission Chairman. The IKD remains committed to fulfilling its mission that is strengthening the rule of law and improving access to justice for citizens and commitment towards consolidating our democratic society, where the principles of rule of law and good governance are respected and promoted, despite the efforts of certain governments and ministers that differ principles and attitudes depending on whether they are in power or opposition”, it is said in the end.