Miftarian: KKP law failed due to Minister Haxhiu

Miftaraj, in an interview for Kosova Preis, states that the MD has not sent evidence to convince the Constitution of the problems the Kosovo prosecutorial system has.

“Reform in the prosecutorial system in this case the KPK law has failed most due to non-professionalism, but also the Ministry of Justice's non-seriousness to argue the same with the Constitutional Court.... The error that MD has made has been that when it passed the law, when it communicated with the Constitutional Court on the basis of what the law stipulates it has sent no evidence and failed to convince the Constitutional Court about the problems the prosecutorial system has. The main problems of the prosecutorial system are the lack of integrity of KPK members, lack of efficiency, culture of impunity and, more importantly, this prosecutorial system is unable to offer justice to Kosovo's citizens, therefore the Constitutional Court in the absence of evidence has no other way than somehow to declare the anti-unconstitutional law”, he points out.

Miftaraj says the Law for the KKP has been the hope that impunity and the lack of results in Kosovo's prosecutorial system would be cut off.

According to the connoisseur of the justice system, this law under no circumstances provides for any possibility of politicisation of the system.

“As proposed in the law under no circumstances has the law provided no opportunity for policyisation of the prosecutorial system, why because of the 7 members of the proposed Kosovo Prosecutorial Council, 4 of them are within the system, 4 prosecutors and 3 have been outside the system that would have to be appointed by the Parliament of Kosovo... Through this law there has been the only hope to disrupt the culture of impunity, disrupt culture, where Kosovo's prosecutorial system, despite criticism from international partners and civil society and the lack of the same outcome, has not simply changed the same situation, but the same situation has been continued with the situation that the prosecutor remains of the last five or main figures in the Occupy system, which has been expressed in the Mifcjari.

The recogniser of justice cases, Ehat Miftaraj, stresses that already the entire reform effort at the Kosovo Prosecutorial Council has turned to zero and all must start from the start.

The justice minister's “The justice minister must well analyse the Constitutional Court's judgment and only after the actual analysis understands what can be continued ... reform on the part of the government, the ministry's reflection to understand that in policymaking decision-making consensus should be consensus on important policies with the interest groups, but always by making sure that procedures and law are respected...MDs are respected to continue with reform in the prosecutorial system must start from the front, it must be put into the legislative agenda for the 2023 KKP, the amendment or the new law, then to continue to determine what public consultations within the MD government, where we are back to the 14th of February, 20th).

As for statements by Justice Minister Albulen Haxhiu, who the Constitutional Decision for the Law for the KKP called it absurd, Miftaraj says that the independence of this institution is being violated by these remarks.

According to him, the Constitutional Court's decisions should only be implemented, not commented.

The minister's “looks like Minister Haxhiu is unimproved in this regard... The arrangement of Constitutional Court decisions by the minister constituted a violation of the independence of this independent institution and is a bad message for citizens, which is, in some way, increasing distrust of independent organs when they decide on the basis of the competencies and responsibilities offered by the Constitution. The Constitutional Court operates on the basis of the Constitution, not the power the ruling party or government offered. Minister Haxhiu and the Parliament Government on every occasion when we have the Constitutional Court's ruling, only to implement without analysis, without public comment”, Miftaraj says.

The Constitutional Court of Kosovo last week rendered the Law for KKP invalid.

And after the Constitutional decision, Justice Minister Albulen Haxhiu called the decision absurd. She, at a media conference, said the Constitution has largely ignored the two opinions of the Venice Commission on this law, giving a serious blow to Kosovo, but also preventing reform in justice.

The Democratic League of Kosovo and the Democratic Party of Kosovo in July last year had handed over to the Constitution for interpretation of the legality of the Law for the Kosovo Prosecutorial Council for assessment.