State Bureau to verify property: Why the opposition is viewing the bill as unconstitutional

The opposition is considering that the Bill for the State Bureau for Verification and Confiscating Unjustified Riches is anti-unconstitutional. According to them, the executive has no interest in making such a law and that if sent to the constitution it will fall. Justice Minister Albulen Haxhiu declared there is no dilemma in this regard.

In the Commission for Legislation, Mandate, Immitive, the Assembly Order and the supervision of the Anti-Corruption Agency, Minister Haxhiu said the State Bureau Bill for verification and seizure of unwarranted property is in the works of state development and consolidation.

This bill aims that if the Bureau estimates that someone has an asset that is unwarranted, it requires that he reason before the Bureau. One of the many debates that has been made in this direction has been that it will be placed on the Bureau to seize it, but that's not true, that's what the Constitutional Court in Pristina is doing, said.

Haxhiu added that the draft law for the state bureau has 67 articles. According to her, the Bureau's director will be elected by the Commission for Legislation and does not contact executives.

Commission member from the Democratic League of Kosovo Driton Selmanaj said this bill has been in their programme, for which he said they strongly support it. While the same man found remarks in the contents of the bill.

“From post-war we have officials who as a cause of abuse have unwarranted assets. In principle, we agree, but it should not be just a government effort. We have to make sure we get the politics out of this institution as much as possible. I've received some remarks from civil society, where the time of public discussion is limited to just seven days. The privatisation process has started backwards and since then started unwarranted wealth, and 2008 has been adequate, but what about the previous years? Concern represents the method of selecting this institution. It is not a good choice to be guided by a person. Much better to be a college body”, he said.

He has even set up dilemmas if wealth and an official are confiscated, which he said did not address such a matter.

Minister Haxhiu said that since the drafting of this bill has begun, civil society has been involved in the processing group in the MD. She pledged that the bill would be unable to influence politics on this institution.

As for determining 2008 when wealth should be justified, Haxhiu said that property seizure has been developed since.

This institution has no investigative but verifiating competencies... We fear I can't take it away from anyone, but working together to make the good law”, she added.

The other opposition member, Hajdar Beqa, also spoke out in favor of this bill. However, he said this bill is contrary to the constitution.

We're not going into a dualism. I consider that the structure of the law is contrary to the Constitution. If someone sends this law into constitutionality, then it's rejected. I consider it more like I don't take an interest in getting this law into effect... As far as the Bureau's election is being decided, the moment the prime minister or a simple adviser speaks, he has declared.

He has demanded that there be public hearings before the bill is sent to the Assembly for approval.