KDI: The Bureau bill requires careful treatment and address of key issues raised by Constitutional and Venice Commission

The Kosovo Democratic Institute (KDI) has held a news conference today, where it has presented its positions regarding the current version of the State Bureau for Verification and Confiscating of Inexcusable Riches, which has been processed for review in the Assembly.

During the conference, KDI stressed that strengthening mechanisms for the seizure of unwarranted property is a necessary step in the fight against corruption. However, such reform must be built on clear constitutional principles, judicial security and respect of fundamental rights in order to be applicable and sustainable in practice.

Although KDI principledly supports the idea of civil seizure and the Bureau itself as a mechanism, estimates that the current version of the bill does not fully address the findings of Constitutional Court Action (KO46/23) and recommendations of the Venice Commission, leaving room for uncertainty and danger of violating constitutional rights.

In particular, KDI raised concerns about two core issues. First, regarding the time value of property verification, where the period since 2008 creates judicial uncertainty and conflicts with standards set by the Constitutional Court, which has stressed the need for a reasonable time limit. Second, concerning the competencies for the release of secondary legislation, as the bill gives the Bureau broad discretion to regulate procedures that directly affect property rights, issues that should be clearly defined in the law itself.

And so, KDI highlighted the lack of a literal and comprehensive public consultation process for this version of the bill, questioning the transparency and legitimacy of reform.

In this context, KDI has sent a letter to all Kosovo Assembly deputies with positions and recommendations to improve the bill, as well as will soon prepare and publish a parliamentary research on the issue.

The KDI calls on the Parliament for the review of this bill to be accompanied by open, comprehensive, and based on constitutional and European standards so that solutions that can be avoided that can result in unstable or contradictory in practice.