Prosecutors are expected to adopt an important decision today, civil society reacts

Fixing No. 06/2019 for the appointment of Chief State Prosecutor and Prosecutors Prosecutors of the Republic of Kosovo, was approved by the KKP in 2019. KKP on May 31st 2023 has made a decision to change/fulfill this regulation because on June 1st, 2023 the Law No.08/ L-167 for the State Prosecutor, who the law has envisioned other criteria for the selection of Prosecutors' Chief Prosecutors.

By the time the emergency change of this regulation has come, even because the KKP on May 23rd, 2023, had announced the competition for the chief Prosecution Prosecutor in Gjakova, the competition, which was then postponed until the change/fulfilling of the above-level regulation.

The KKP has built a public consultation standard in the case of adopting secondary legislation on the part of the Prosecutorial Council. We regret that the same Council has deviated from such a practice and standard in terms of high regulations. Given that such a regulation is of great importance because with the same determination the criteria and procedures for electing the prosecutors' leaders, overcoming public consultation and denying civil society's acts of interest to be part of this process, raises reasonable doubts about transparency, accountability and integrity of the Kosovo Prosecutorial Council to improve the process of appointing the chief prosecutors fairly, independent, impartial and based on meritocracy.

Initially, the IKD highlights the fact that concerns and criticisms raised for this regulation are earlier, so since the NGO coalition's responses to the disputed integration of the State Chief Prosecutor selection process. Non-government organisations the Kosovo Institute for Justice, the Group for Jury and Political Studies and the FOL Movement (Tutje: Coalition), together, had been monitoring and evaluating the process of selection and appointment of the chief state prosecutor, and it was also required that this process be completely annulled due to procedure violations and shortcomings recorded by the coalition in the monitoring process and evaluation of this process.

According to coalition findings, despite the Constitution and basic laws promoting an independent, fair and impartial process that guarantees meritocracy, this spirit hinders both the guide and the form of the document for candidates for the chief State prosecutor. As for the guide, the same is more oriented towards the assessment of theoretical knowledge than based on skills and skills that connect to the chief prosecutor's position. Most of the questions in the form of the concept on the document for the chief state prosecutor are based on abolished laws and the time when the chief state prosecutor was also KKP chairman. Many questions on this form are related to processes that are competent of the KKP, rather than the chief state prosecutor.

For the top reasons, one of the coalition's main recommendations of NGOs had been the recommendation that the KKP meet and change the regulation for the Selection and Name Process of the Chief State Prosecutor and Prosecutors, with particular emphasis on the form of the document concept.

The passage of the public hearing phase for a regulation of particular importance to the prosecutorial system brings the Council back in terms of transparency and accountability in relation to citizens, civil society and media in the Republic of Kosovo. Likewise, do not inform the public of the information in the drafting phase of these acts, iúu, unable to express interest in participation in the public consulting process to give proposals and comments on various issues.

Therefore, the IKD requires that the KKP comply with the minimum standards of public consultation in drafting the Council's acts, and in concrete cases not approve the change/fulfilling of the above regulations but the same is to pull from the date of the 231 meeting and impose the Commission on Standard Affairs to place such an act in public hearing under specific terms with Administrative Guide No. 01-2023 for the KKP's Enhancing Standard Act.