8 minutes agoKKP answers the presidency again: The request for the chief prosecutor's appointment is not ultimatum, but emergency
Periskopi(3 years ago)
(3 years ago)The Kosovo Prosecutorial Council has once again retorted the presidency, as they accused the KKP of imposing ultimatums and are putting pressure on the presidential institution, demanding the prosecutor's appointment. The presidency has said that the KKP's request is without any legal basis, but the Council considers the request legally based and not [...]
The presidency has said that the KKP's request is without any legal basis, but the Council considers that the demand is legally based and is not distorting facts.
“The KKP points out that its request is based on and is not about inaccuracies of fact description and arguments on this issue, because it describes only the continuation of legal treatment through judicial instances, in which the process of recruiting the chief state prosecutor, who has been punished by several counterCandids at the Constitutional Court, with claims being described as groundless, and also, this process has been disputed in court and regular until the Supreme Court of Kosovo, which has rejected such claims in the Constitutional Court, the Prosecutor's response to the council.
On the other hand, the KKP says the chief prosecutor is head of the State Prosecutor's Institute, and as such is necessary in the prosperity and security of the judicial functionality of this institution.
“Since the prosecutorial system needs the state's chief prosecutor with mandate and constitutional and legal powers for ensuring the functionality of this system and that the exercise of the head of state duties by long-term task officer could bring uncertainty to medium- and long-term planning for the prosecutorial institutions and for the state of Kosovo itself in the area of rule of law”.
According to the KKP, this requirement cannot be qualified as a form of pressure, given that from the 08.04.2022 when it was proposed for decree Blerim Isufaj and so far is becoming one year from the time it was proposed to the President's Office.
And therefore this issue is required to be dealt with urgently, which is incorrectly understood, misinterpreting as ulculatum by President's Office officials. In fact, the decree of the new State Chief of State is presented as ambitional and necessary need, and it does not have the semantic of the word “ulmateum”, but it is evident in the sense of accelerating the decree for creating the possibility for the functioning of the State Prosecutor, with constitutional and legal powers”, it is said further.
The recent reaction from the presidency had come on April 5th, the same day the Kosovo Prosecutorial Council asked President Osmani for the decree of Blerim Isufaj the chief prosecutor, considering all legal ways have been exhausted.
From the presidency, this Council request was seen as ultimatum, and without any legal basis. As such, it is said in response, it does not contribute to strengthening the integrity of the prosecutorial system in Kosovo.
“We consider that the KPK paperwork does not contribute to such a goal, which should be a common goal. First, the Constitution recognises the KKP's competence to propose the president's name of the candidate for the State Creprotor, following procedures conducted in line with relevant constitutional and legal provisions. This is where KPK's constitutional and legal competence ends. Therefore, we consider that such paperwork and requirements, which are presented in the preventative form by the KKP at the President's Office, have no basis for legal norms”, said in response.
In addition, it becomes known that the president will make the decision in April, when there will be no more legal dispute that is hindering the selection process.
“S third, the president has no constitutional or legal terms to decide on the KKP's proposal for the chief state prosecutor. Moreover, we consider that the KKP's request contains actual and legal inaccuracies, so as such, it is manipulated”, the communique continues.
On April 6th of last year, the Kosovo Prosecutorial Council (KPK) had unanimously voted Blerim Isufajn for this position, while the decree for decree now remains in the hands of President Vjosa Osmani.
This process has prompted numerous reactions, both from organisations in Kosovo and from the British Embassy, the German Embassy and the European Union Office in Kosovo, expressing disappointment with the process.
