Bureau against Venice and the opposition: How does Government Kurti plan to advance the Law with a load of shortcomings?

All public officials in Kosovo may be subject to verification of property if there are doubts that it has been illegally acquired. In addition, the verification and seizure of unwarranted property will also be done to members of their family and third parties, which means the persons suspected of carrying the wealth of public officials.

According to the Bill, the process of verifying and confiscating property will include the assets of officials from February 17th 2008, as well as will be worth another 10 years after the official person stops exercising his post.

When such an initiative began to exist, Justice Minister Albulen Haxhiu had said there have been officials in Kosovo since the post-war who have misused their official office, and have now become millionaires. Therefore, even such a Law is necessary that keeps each official's wealth in the water.

A few weeks ago, when Prime Minister Albin Kurti and Haxhiu came out with enthusiasm To announce the Venice Commission's findings that green light was given for the launch of the Vetting and Bureau process, they did not even mention that a number of remarks had been given to the latter.

Venice Commission finds human rights violations

The conclusions published on the Venice Commission's official page list a series of remarks for the draft prepared by the Ministry of Justice.

“Such an approach could be a valuable tool to combat organised crime and corruption, prevent the exploitation of illegally acquired funds and prevent the use of such funds for further criminal activities. In the context of Kosovo, such a move may be important for providing the basis for economic development in the country. At the same time, the Venice Commission recalls, however, that, regardless of their justified goal, the uncondemned civil seizure procedures should be drafted and implemented in accordance with the national Constitution, which includes direct implementation of the European Convention for Human Rights, and taking into account European standards regarding the rule of law and respect for human rights”, the Venice Commission's opinion said.

Also at the 71st point, which included part of the conclusions, it is said that the small number of seizures conducted so far in Kosovo could be explained mainly with the wrong implementation of the current law, and not with the lack of legislation.

Venice's “Commission stresses that the proposed new legislation alone cannot be expected to solve all corruption problems and should be involved in a broader approach that will include a series of practical measures aimed at boosting the effectiveness of the law enforcement system”, the point of two conclusions is said.

The Venice Commission even raises doubts that the creation of the Bureau for verification and confiscation of unwarranted property could complicate even more the system.

Hasani: The bill withdraws from the Parliament and is not politicised

High researcher at the Kosovo Institute for Justice, Hasan lived up to Periscope that the bill should be withdrawn once from the Parliament and addressed by the Ministry of Justice recommendations of the Venice Commission.

”S first, it is not serious that a law assigned to be voted in principle by MPs in the Assembly, and then on second reading come the same substantically amended law, almost otherwise and would be such if the recommendations of the Venice Commission, which had major remarks for almost every important element of the Bill. There are not only six recommendations as the Ministry of Justice claims: the fact that there are six sets of recommendations, but concrete recommendations are dozens, for nearly every significant element of the Bill. Hasan said Periscope.

According to him, this job takes time and people who have the right to deal with it without politicising it.

Their education requires certain time and resources, so it has been appropriate for the Bill to withdraw from the Parliament and the recommendations provided to be handled by the Government at the level of experts, not by the Assembly Commissions, which primarily shift discussion to the political level rather than professional. Education of the Bill's legal shortcomings is entirely professional. Add here that the Assembly Commissions are less efficient because of other commitments by MPs. He added.

Opposition against. No Bureau Voted

The three opposition parties, P DK, LDK and AAK have called it unconstitutional and violating human rights bill for Bureau. And if it passes to the polls, from the Democratic Party of Kosovo warned it would be taken even to the Constitutional Court.

PDK MP Blerta Deliu-Codra, and during the hearing, she said that the bill has nothing to do with justice, but it is only electoral.

The LDK deputy Driton Selmanaj also indicated.

“fears that in each article we violate the convention, violate the constitution and violate the court's decisions and judgments on human rights.

Because rights are violated, the AAK MP Albana Bytyqi found.

As a result, the Bureau was not voted for lack of quorum.

According to the Bill, the unwarranted property of seizures included the personal property of the person under consideration, the property acquired jointly by both mates or fellow survivors, the wealth of children who have not reached adulthood, and the wealth of the person under consideration.

Inexcusable wealth is acquired, which is not consistent with an official's legal income. The gap between revenues and property exceeding the value of 25,000 euros is a basis for the Bureau's official to submit the proposal for the seizure of property./Minian Calitary ' PERISKIPI/