Issues that require revision: Venice Commission publishes opinions on Kosovo reform bills

As for the Law on the Academy of Justice, legal changes view the Academy as an independent agency in accordance with the Constitution, stressing the need for it to be protected from any external influence. One of the key recommendations is to expand the composition of the Academy's Steering Board with more judges and prosecutors elected by the Kosovo Judiciary Council and Prosecutorial Council, as well as the removal of the justice minister from the body.

Moreover, the Commission recommended that the law describe more fully the procedures for completing the initial training, including the evaluation criteria, the testing process, the consequences of failure to successfully complete training and the possibility of appealing decisions.

The Kosovo Institute for Justice (IKD) on this matter had said that candidates who cannot take part in initial training in objective participation opportunities should be offered different opportunities for completion of training so that they do not lose their status.

In terms of the draft law, performance assessment, integrity control, advance and status of judges and prosecutors, the Venice Commission has stressed that performance assessment has been designed to improve the quality of the work of judges and prosecutors, giving priority above quality criteria in line with Council of Europe standards. It has also been estimated that the disciplinary decisions of the Judiciary Council and the Prosecutorial Council are determined to be submitted to review by the Supreme Court.

The importance of performance assessment is highlighted, based more on quality than on quantity, in line with the Council of Europe standards. However, the Commission calls for revising certain provisions, such as removing the automatic dismissal of judges and prosecutors after two successive negative estimates.

However, the Commission has identified several issues requiring revision, recommending the inclusion of the right for effective legal means to decisions on recruiting and appointment, clarification of the terms “continuing revenge” and “continuing regulations”, and the removal of automatic download in case of two successive “weak” performance assessments.

On this issue, the IKD had recommended that this provision be reviewed, so that in any case when the performance assessment of a judge or prosecutor with poor assessment, it would serve as the basis for proposing his dismissal.

As for the draft law on changing and completing the law on the disciplinary responsibility of judges and prosecutors, the Commission stresses the need for a clearer classification of disciplinary violations according to the importance and their connection to proportional sanctions. The provision allowing for the temporary suspension of a judge or prosecutor based on <x0 reliable information” is criticised, viewing the term as unclear and indefinable precisely.

In the opinion on the Law for the Kosovo Judiciary Council (KGJK) and the proposed changes, the Venice Commission praises improving the transparency and functioning of the KDR, but requires changes in composition and procedures. It is suggested that the six members appointed by the Parliament be non-trials, while three are representatives of lawyers, prosecutors, swimmers, academics or civil society, and procedures for selecting members to be determined in law with clear criteria and with expert involvement.

Another elevated aspect is the need to establish a mechanism in the law to balance gender composition in the KRK, both for judges and non-trial members. IKD recommended it The MD's to review this provision, precisely determining the necessary level of ethnic and gender representation in the justice system.

Another recommendation by the Commission concerns ensuring a mechanism for clarifying the competencies of the KDR's Inspectation and Verification Unit, as well as setting criteria for its members.

In addition, the Commission suggests that disciplinary procedures against KDR members are clearly defined in the law, with precise criteria for disciplinary measures and dismissal.

As for the direction of the KPC, the Commission recommends that the chairman or vice president be preferred an untrial member or that the chairman be done rotentially between judges and non-trial members. Also, a qualified majority is recommended for the most important decisions, while in case of equal votes, the KDR chairman will have a decisive vote to avoid impasses.

In conclusion, the Venice Commission has encouraged implementation of recommendations for a more transparent, independent and functional system.

Kosovo Judiciary Council (KGJK) through a media communique Wednesday (March 19th) said it welcomes Venice Commission's opinions on justice reform reports Betimi per Justice Transmission Periscope