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Following the evaluation of the Venice Commission for the concept paper of the Government of Kosovo for vetting in justice and the draft law of the State Bureau for Verification and Confiscation of Unjustifiable Assets, Kosovo will start implementing these two processes.
This is what the Prime Minister of Kosovo, Albin Kurti, said at a press conference on June 18, where together with the Minister of Justice, Albulena Haxhiu, they spoke about the opinions of Venice.
“Vetting is necessary, as is the confiscation of illegally acquired property. “Today we start with the implementation of the one-year work of the Ministry of Justice, in the realization of these vital processes for Kosovo, with the support of the Venice Commission”, said Kurti.
According to him, everything requested by the Government of Kosovo will be sent to the Assembly in record time.
The Government of Kosovo, on October 13, had approved the concept paper on vetting in justice through which it aims to strengthen the rule of law.
Vetting is a process of re-evaluating the image of prosecutors and judges and aims at their professional growth, the fight against corruption and the impact of organized crime, politics or other illegal elements on the administration of justice.
As for the draft law on the State Bureau for Verification and Confiscation of Assets, the Venice Commission, according to Kurti, has also requested expansion of competencies.
The executive had said that the subject of the Bureau would be all public officials, against whom there are suspicions that their property has been acquired illegally.
Vetting starting with the heads of justice institutions
The Minister of Justice, Albulena Haxhiu, said that this commission has voted both opinions, one for vetting and the other for the bureau, and that now the way is open for justice reform.
“Both of these important initiatives were supported by the members of the Venice Commission in yesterday’s session [17 qershor] and we have already received the green light to start the vetting process, but also to formalize the work of the State Bureau for Confiscation of Unjustifiable Assets “, said Haxhiu.
The opinions of the Venice Commission are expected to be made public on Tuesday, June 21st.
According to Minister Haxhiu, in the findings of the Venice Commission it is recommended to take action for the necessary legal and constitutional changes, in order to achieve the intended result for a judiciary with professional and efficient integrity.
“The Commission initially recommends the verification of high levels in the judiciary and the prosecution, through an external mechanism, ie high levels starting from the Kosovo Judicial Council, the Kosovo Prosecutorial Council, as well as the presidents of all courts and chief prosecutors of all prosecutors ”.
Citing the opinion of this commission, the Minister of Justice said that “The Commission finds that in the context of Kosovo an effective vetting would require a combination of different measures that will have a positive effect on the integrity and efficiency of the justice system.”
As for the draft law on the Bureau for confiscation of unjustifiable property, Haxhiu says that according to the commission “civil confiscation can be useful”.
“So the Venice Commission recognizes the mechanism for civil-based confiscation and gives how such a mechanism should be strengthened and which would be competent for the initial verification and then the final confiscation will be done by the court.”
“Vetting will be complete, starting with the heads of justice institutions.”
Asked how the director of the Bureau for Confiscation of Property will be elected, she said that Venice has recommended that the names of the selection committee be reviewed, but to strengthen the institution it is recommended that the commission that sends the names have representatives of independent institutions.
The draft law on the Bureau requires the vote of the overwhelming majority in the Assembly of Kosovo, while for vetting with Constitutional amendments, where two thirds of the votes are required, Haxhiu said that consensus is needed and that he hopes for the cooperation of opposition parties.
The United States has previously said that Kosovo needs systematic vetting in justice.
Meanwhile, the European Commission had criticized the plan of the Government of Kosovo to vetting “all prosecutors and judges at once”, saying that this would be a “serious source of concern” ./ REL
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