Haxhiu captures the judiciary: Law institutions are misusing their position, not above state and Constitution

Justice Minister Albulen Haxhiu believes that the two main promises he has put before himself for the Veting process and the Bureau for Confiscating and Verification of Inexistable Riches will be lived in the second half of 2023. The first of the justice institutions think that justice institutions are misusing their position and that they are not above the state and the Constitution of Kosovo.

Haxhiu says the Venice Commission's second opinion of the Bureau for Confiscating and Verification of Inexistable Riches has been positive, and in January these changes are expected to be voted on by the Parliamentary Commission for Legislation.

Minister Haxhiu says they are planning that other procedures for selecting the director and staff of this Bureau occur in the second half of the year we have just entered.

“According to our planning at the moment when Kosovo's Assembly votes in the second reading, we expect this to happen in January, so this month, it is extremely important that it then initiates writing of sublegal acts as the law predicts within six months to start drafting sublegal acts. We think it should be a bit shorter, because we desperately need this law. I'm sure we'll be able to finalize the sublegal acts. Then, in the second six months of 2023, there is also the procedure for selecting the director and other support staff to work at the institution. So the planning is for in the second six months to initiate procedures for selecting this institution and then taking the responsible from the same”, Haxhi told Kosovapress.

The justice minister says that as long as two preliminary years served to work on concepts and constitutional amendments to Veting but also on the Bureau Bill, half of 2023 must be found living in practice both processes.

If 2021 from March onward and 2022 have served us to work concepts-documented to draft bills, constitutional amendments both to Veting, or to the Bureau for Confiscating of Riches, I think the second half of 2023 would have to find us in the life of these reforms. We should all be on this purpose since the second quarter of 2023 begins implementing the jobs we have addressed. Of course it is already in the hands of the Kosovo Assembly, and certainly if it were in the hands of the Ministry of Justice, I would see it when it can be completed, but according to the commission, their deadline is 6 +6 months. I wish it ended in six months, because there's not much work left, since the Venice Commission has shown us exactly and strictly how to keep going. The amendments have concluded, there are only a few changes that must be made in law. So there's a bill, but it's not harmonised with Venice's recommendations, because that's how the opposition asked us not to finish all the work. Therefore, if there is will, I am convinced it will end at the end of 2023 if the Kosovo Assembly and all political parties work voluntarily and do not try to undermine the” process, Haxhiu says.

The Veting process also requires support from the opposition, for which the first justice considers not missing.

She says she does not currently want to talk about a plan B unless they move on with what is planned in the Veting process, but stresses that they have considered other solutions.

However, it addresses criticism for opposition lawmakers who have submitted the Bill for the Kosovo Prosecutorial Council to the Constitutional Court, which Haxhi himself considers the largest reform in the prosecutorial system.

The largest subx0form that has taken place so far, which has been possible long ago, has been reform at the Kosovo Prosecutorial Council. You even know we did it in full cooperation with the Venice Commission. We've even got the second opinion to convince, as in the Bureau, that we've addressed all recommendations. But despite that, the opposition has sent him to the Constitutional Court. And unfortunately, he's delayed the process, and of course it's a problem. I agree that they have their constitutional right, but to say that we are for reform in justice and on the other hand to try to stumble through constitutional forms to drag these reforms, of course, there is disproportion in that. You know that the overwhelming majority of Kosovo citizens want reform in justice, love Veting in the justice system... So far I consider how constructive it has been about Veting, I wish this constructiveity would continue... I wouldn't want to go on plan B, because I stand firm on Plan A. Of course, then we will appreciate the situation and have solutions. Of course we have a choice, but I wouldn't want us to go into another plan as long as the plan A's supposed to bring us all”, the justice minister points out.

During the past year, there have been major differences between Justice Minister Albulen Haxhiu and the Kosovo Judiciary Council and the Prosecutorial Council, which mainly concerned objections to the Veting process and the decision to lower salaries for judges and prosecutors.

Haxhiu considers these institutions are hindering reforms in the justice system, while boycotting these institutions lies with the government and considering it a move of regret.

According to her, justice institutions are misusing their position.

The biggest problem they have is because of reform in justice, at the Kosovo Prosecutorial Council because of Veting, primarily of the justice system. As for the salary decision, they regret their stance, boycotting the state. It's pathetic. The institutions of justice are not above the Constitution of the state they very often see themselves being both above the Constitution and over the state. In the name of independence, they are misusing their position. They must be accountants and transparent, there is no minister, prime minister of our government calling our prosecutors and judges, and thus says he decides on the case, or so on the case. It's been a while. But since, unfortunately, because of the salary decision we took correctly, because it was the illegal decision was the salary law law procedures they showed they are only interested in material aspect and not also in responsibilities that have”, she points out.

The Civil Code bill, which did not receive support last year even from some majority deputies, the justice minister is aiming to forward in the first months of this year.

Haxhiu says the article, which sparked debate and that no support from the citizens' elected will be changed.

We won't change that article. What we've done is we've been following discussions with MPs from our parliamentary group. Of those who have abstained, we have taken the position that they will support him as such. They have had their own reasons and have been influenced by discussion and so on. It is true that MPs may sometimes have pressures from different groups from different individuals, but the pressure should not guide us, and in this respect we consider it an important document and part of it has even been discussed only one article has been discussed. It's a document that citizens need because it's related to their needs. Therefore, I believe that in the first months of 2023, I will spend”, Haxhi points out.

In May 2022, the justice ministry signed agreements with the state of Denmark on the rent of cells at the detention center in Gjilan.

And Justice Minister Albulen Haxhiu says this agreement will soon proceed to the Kosovo Assembly for ratification.

The reason why it has not yet been prosecuted is because Denmark has been in the process of election, and according to information the same party has won the mandate and we have agreed that after the new government's election outcome and establishment to start continuing procedures... In terms of opposition, we have not seen remarks as to civil society we have seen objections except KMDLNJ has had aspects or proposals but no objections... But, this agreement I believe will go to the Parliament very soon now we are in final stages everything has been addressed and then the Kosovo Assembly in this direction is a little easier than that, which by 2/3 decides if you want to push it forward”, she says.

Haxhiu says the challenge for this dictatorship remains institutions that are under the supervision of this ministry as the Law Medicine Institute and the Correcting Service. /kp/