Miftaraj publishes the letter he sent to Kurt in April regarding the Jurisprudence Proving Commission

Miftaraj has taken the letter to Kurti Institute, stressing that the Ministry of Justice takes quick action to functional the Commission

“The IKD expresses high consideration for the justice ministry to take quick action to operate the Commission, recognising its importance and the demands of new lawyers to realise their right to this important career exam and their future”, the IKD letter says among other things.

Below we bring you a full letter:

The letter of the Kosovo Institute for Justice to Prime Minister Kurti on April 26, 2021, concerning the Commission for the Proving of Jurisprudence.

Dear Prime Minister Kurti,
Let me address you on behalf of the Kosovo Institute for Justice (IKD) through this letter concerning Government No. 04/08 on April 21st, 2021, and the approval of the Justice Ministry proposal for the appointment of members of the Commission for Providing the Commission for Jurisprudence Test.
The IKD expresses high consideration for the justice ministry to take quick action to operate the Commission, recognising its importance and the demands of new lawyers to realise their right to this important career exam and their future.

The IKD also generally values the personal and professional integrity of the names proposed for this commission, except the Chairman, if the circumstances under which Mr. Albert Zogaj, it won't change. For your information, Mr. President. Zogaj, in addition to his primary duty as judge in the Supreme Court, currently exercises a large number of positions in the judicial system, in the academic and sector of civil society.

Respectfully, Mr. Albert Zogaj, in the judicial system, exercises:
1. The judge's position at the Supreme Court of Kosovo;
2. Kosovo Judiciary Council member;
3. Reserve member in the Permanent Commission for Court Management (KGJK);
4. Recognition Commission member for Founding Court candidates in Prizren (KGJK);
5. Member of the working group for drafting the fact-gathering report for the functioning of the court administration (KGJK).
Mr. Zogaj also has these additional commitments:
6. Legal at AAB College;
7. Training at the Academy of Justice; and
8. An active contract as consultant with a non-governmental organisation.
Moreover, the KDR was nominated for chairman of the Permanent Commission for the Court's Performance Rating, a position he has refused with the reasoning that he is heavily charged with work. Such an approach does not coincide with the integrity of a public official, to hesitate to take responsibility in such an important commission in the judicial system, and to accept responsibility that comes from two other powers, such as executive and legislative, in the concrete case.
The phenomenon of public officials, who at the same time exercise certain functions, has been set forth as a matter that seriously violates the integrity and institutional trust, but also individual public officials from civil society, recognised and supported by international partners and the party you lead. To that end, in 2018, the Law for Prevention of Conflict of Interest in the Public Function Army was passed as a condition for visa liberalisation and the European Reform Agency. Under the demand of civil society and international partners, this law has regulated at least two important areas related to this letter.

First in limiting positions that a senior public official could exercise at the same time, and second, limiting one's admission from the public sector and compensation only in terms of travel spending on other positions that he could hold. Additional positions are limited only to those when it is legally defined that the official is part of an body under official duty. Since the phenomenon of naming certain officials in large number of positions and functions has been a practice accepted by past governments, The IKD strongly hopes that such an approach will not be tolerated and acceptable and legitimate even under your rule.

The exercise of a series of positions and functions of the public official within working hours and the acceptance of certain salaries and rewards through additions or compensations to Kosovo's budget, in addition to violating the Law for Prevention of the Kosovo Conflict of Interest and Criminal Code, also seriously violates the integrity of the public sector and ensuring the conduct of public tasks effectively, objectively, impartially and transparently and in public interest service.

How much more when such situations involve judges and prosecutors, functions which in any democratic society are considered noble, and that the same would have to be champions of honesty, integrity and respect of legitimacy so that the same are an example for public sector officials to follow. To illustrate this problem, I inform you that on the basis of property statements made in 2020, there have been prosecutors or judges who have accepted wages in pay and compensation that have reached the value of 54 thousand euros a year, and their number, which accepts between 34 and 40 thousand euros within a year, is tens. That's where Mr. Zogaj, and that amount would increase for several thousand euros, if the same were to pass by the Kosovo Assembly.

Governments past in silence have accepted such negative phenomena that severely violate the principles of rule of law, good governance, and spending public money. For the IKD and we firmly believe that even the citizens of the Republic of Kosovo, continuing a similar approach would be extremely disappointing, the continuation of bad governance and promotion of certain public officials contrary to the values and principles that you have promoted so far.

Honored Prime Minister Kurti, let me also remind you of the reaction of the Vetevendosje Movement, March 20, 2019, where almost all the points mentioned above are presented as anti-values of multiple public officials' commitments.[1] Moreover, Minister Haxhiu has asked the AKK to implement the Law for Prevention of Conflict of Interest in the Army of Public Function. Therefore, the IKD estimates that further proceedings of such a proposal, which in its generation is fallible, anti-legal, is also contradictions of the Tuaya stances and the party you lead.

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 -- to be considered chairman of the Commission.

Much more, according to the KDR Law, the leader, deputy chairman and members of the Council have no right to exercise any other public or professional duty for which they are rewarded at payment, besides teaching in institutions of higher education. This provision automatically excludes Mr. Birds from the opportunity to be, as proposed, Commission Chairman.

And all in the end, Kosovo has adopted very advanced legislation on preventing conflict of interest, but this legislation will remain only on paper if it is not implemented in practice.
We are confident in the hope that the practice of past years will cease and the citizens' demands and hopes for legal state, good governance will be lived.

We thank you for your consideration and remain available to provide additional documents on your request regarding the contents of this letter.
With respect,
Ehat Miftaraj
Executive Director
The Kosovo Institute for Justice.