The Kosovo Ministry of Justice rejects the KPC’s allegations: Abandon the destructive approach and implement reforms

The Kosovo Ministry of Justice rejects the KPC’s allegations: Abandon the destructive approach and implement reforms…

With the newly adopted law, the authorities in Pristina intend to block and defunctionalize the prosecutorial system, the Kosovo Prosecutorial Council (KPC) underlined. KPC’s claims, however, were dismissed today by the Kosovo Ministry of Justice. Moreover, this ministry called on the KPC to „abandon the destructive approach and obstructive tendencies“ and participate in the implementation of reforms.

Last week, the Kosovo Assembly adopted a new law on the Kosovo Prosecutorial Council, which was highly criticized by parts of the public and international representatives in Kosovo, as well as some legal experts.

The Kosovo Prosecutorial Council (KPC) said yesterday that the Kosovo government had continuously ignored and rejected comments, suggestions, and proposals from the KPC’s representatives in the working groups formed by the Ministry of Justice and in the commissions of the Kosovo Assembly in charge of amending and supplementing the law.

They also accused the Kosovo government of neglecting numerous suggestions from representatives of the European Union, and local, and international organizations.

„This practice of unilaterally adopting legal acts clearly shows that the Government of Kosovo and the majority in the Kosovo Assembly, consciously and in the name of reforms, intend to do the opposite of reforms, namely to block and defunctionalize the prosecutorial system,“ they said, accusing the government of undermining the independence of institutions.

They advocated for reforms in the judiciary, but without violating the Kosovo Constitution and „taking over institutions.“

The Ministry „regrets“ the reaction

The Kosovo Ministry of Justice expressed regret today over these allegations. In turn, they now accuse the KPC of interfering with the work of the government and the assembly.

„The reaction of the Kosovo Prosecutorial Council is in line with a destructive approach, obstructive actions, and continuous tendencies to block the Prosecutorial Council. It is even a flagrant interference in the powers of the Government and the Assembly of the Republic of Kosovo and aims to preserve the status quo and continue the systematic problems, already known to the public and causing widespread concern,“ the ministry stated.

They also say that the reaction does not mention any arguments about how this law violates the independence of the KPC, obstructs the constitutional mandate, or imposes functioning.

„The reaction, besides containing falsehoods and factual inaccuracies, is based solely on findings and general statements that are neither specified nor legally and professionally argued, whose approach and actions are contrary to the role and mandate of the KPC for constructive cooperation and professional contribution to the improvement of the judicial system, especially the prosecutorial system,“ they emphasized.

The Ministry claims that the drafting of the law was preceded by a lengthy procedure that included numerous consultations with the Venice Commission, discussions, and concrete proposals from CSOs and international partners, as well as proposals and discussions with representatives of the prosecutorial system and parliamentarians.

„Therefore, unlike the untrue and unstable findings of the Prosecutorial Council regarding unilateral approaches, rejection, and ignoring of proposals and comments from their representatives, the Ministry of Justice reiterates that it continuously invited representatives of the prosecutorial system to meetings of the broader working group, as well as to separate meetings, thereby treating each of their proposals in a manner that addresses and accepts all those that are in the interest of the reform itself,“ stated the ministry.

Focus on implementation

They state that the Kosovo Assembly, after a comprehensive process, adopted a reform law for the system, fully in line with the opinion of the Venice Commission and last year’s ruling of the Kosovo Constitutional Court on this issue.

Furthermore, unlike the KPC, this ministry asserts that the initiative regarding the law was welcomed by reform actors such as civil society representatives and that it „did not provoke an opposite reaction from the majority of international partners.“

However, they highlight the EU Office.

„In addition to the EU Office regarding their request for serial submission to the Venice Commission and addressing recommendations regarding the pre-election commission, for which the Ministry of Justice, together with the Legislation Commission, provided necessary clarifications.“

The Kosovo Ministry of Justice called on the KPC to focus on implementing elements, i.e., reform, which they claim is in the best interest of the system.

„The Ministry of Justice asks the Kosovo Prosecutorial Council to abandon the destructive approach and obstructive tendencies and to be a cooperative partner in fully implementing judicial reform,“ they stated.

Constitutional Court to review the new law

Representatives of the opposition in Kosovo also expressed dissatisfaction with the newly adopted law on the Kosovo Prosecutorial Council, with several parties announcing their intention to submit it to the Kosovo Constitutional Court.

In addition to this law, on July 11th, the Kosovo Assembly also adopted a new Law on the Independent Media Commission, which has also faced criticism from both media workers and the opposition, as well as many international representatives.

PDK (Democratic Party of Kosovo) announced that they will also submit this law to be reviewed by the Kosovo Constitutional Court.

„The repeated efforts of this government to occupy and subordinate independent judicial institutions, as well as to control the media and freedom of speech, have taken the form of decisions with the adoption of these two laws,“ they stated on July 11th.