Civil code expected to be adopted this year

Political adviser to the Ministry of Justice, Flamur Piraeus for Kosovo Press, says experts are handling the draft Civil Codine with particular focus, Article 1138.

The experts have already started to address the draft Civil Cod in full, which will nevertheless be passed for approval to the government, the Kosovo Assembly Committees and then to the Assembly to be approved. So far it is all working in that direction that this draft code be overall in the constitutional spirit, with a special focus on Article 1138, which is also consulting to be everything in line with human rights and freedoms”, he declares for Kosovas.

He voiced confidence that after the changes, he would also receive the support of majority deputies, who in their first reading had rejected the draft Civil Code.

We are currently working in that direction to be as a whole in the constitutional spirit, and we are nevertheless committed to adopting this time in the Republic of Kosovo's Parliament... ...as planned by the Ministry of Justice is expected to be adopted within this year this draft code... is still in the preparation phase and for what I'm sure is that within this year it will be approved even with the new analysis that is being done to this project”, Piraeus adds.

On the other hand, ombudsman Naim Qeyaj stresses that this is a very important document that will help citizens in justice. He speaks of the article where civil coexistence is determined, where he repeats that they disagree with what is defined.

Thematic of this civil code is focused mainly on same-sex marriage. We have given a clear stand and continue to stand behind that most clarified stand that if the Law, the Civil Code, is not in accordance with the spirit and with what is defined in the constitutional provisions, this law cannot, as such, take the form of a full and applicable legal act. If the same spirit that is in the Constitution is not carried to the law, it will be delivered to the Constitutional Court”, Celay declares Kosovo Press.

As such, he suggests that the Civil Code is not fully in the constitutional spirit.

Not quite though you try to give a solution, but the solution is not what we've proposed. I, even in comments sent to my opinion and in debates with officials, have stayed and been very consistent in my attitude. The constitutional rate must be carried into full law, as provided. And not to leave a later solution because it is only a delay, not a solution to the problem”, he adds.

Even the director of the Kosovo Institute for Justice, Ehat Miftaraj, says of Kosova Preress, that drafting the Civil Code is one of the largest initiatives of the Republic of Kosovo in the justice system.

He criticises the ruling party that has failed to approve this law in first reading.

While the Civil Code has unfortunately been prolonged and has not been adopted in the Kosovo Assembly for a provision that relates to a constitutional right, it is a shame that the ruling party has not been able to communicate, to co-operate with its MPs to reveal the importance of this code. Since a right is guaranteed by constitution, according to what laws determine, normial acts should then be provided through a proper law. In concrete case through Civil Code. With the fact that the European Union, international partners have invested tens of millions of euros in the drafting and encoding of civil justice in Kosovo, it would have to translate this into political will”, he says.

If the Civil Code fails again, Miftaraj says it proves MPs promote something else from what they think.

“I believe that the ruling political party, each political party, underlines the importance of Kosovo citizens taking services in the justice system. The Civil Code is neither less nor more an relief for Kosovo citizens to regulate their affairs in various areas that have civilian character and would make uniformity and ease judicial organs in dealing with these substances. If Kosovo MPs don't understand the importance of this code, it would be regrets and would prove that the same thing promotes campaigns and something else they speak in TV studios and something else they talk about when they're addressing citizens through social networks and something else they decide when they're in the country when they have to decide and raise their hands and vote a code that regulates the lives of citizens”, Miftaraj adds.

Out of 1630 articles as long as there is this draft code, the biggest discussion has been made about what allows the registered civil co-operation among people with the same sex”. However, this was considered to offer no equality in the right to marriage.

Project Civil code failed to approve in March of this year. Of 120 deputies, only 77 were present, of them 29 voted against, 28 for, 16 did not vote at all and four abstentions.

So it turned to zero for drafting by the Ministry of Justice. /kp