The draft law on the KPK is being considered flawed

Remarks and irregularities are evident in the current draft of the draft law for the Prosecution Council of Kosovo. Without the inclusion of the findings of the Constitutional Court, the opinion of the Venice Commission, and the recommendations of civil society, this legislative initiative is being asked not to pass the Assembly of Kosovo. The organizations that monitor the justice system say that the reform of the KPK cannot be done by ignoring these requirements. Meanwhile, in the session of March 7, the voting in the first reading of this draft law will be on the agenda.

The senior researcher at the Kosovo Institute of Law (IKD), Lavdim Makshana, tells KosovaPress that the government is trying to pass this bill in principle without addressing the recommendations of the Venice Commission.

"What is actually being tried to do is trying to pass that draft law as it was with all those remarks, with all those criticisms and why the recommendations of the Venice Commission were not addressed, it is trying to pass the first reading and then between the two readings the addresses and remarks of the opinion of the Venice Commission should be made. For us it is a mistake, because the Ministry of Justice, the Government had to withdraw this draft law, first address all the remarks, criticisms, which came from the opinion of the Venice Commission and then send the law including all changes according to the opinion and decision of the Constitutional Court", declares Makshana.

After the second opinion of the Venice Commission, Makshana adds that it was clear how to reform the Kosovo Prosecutorial Council.

"Practice has shown that when draft laws go to the first reading as they are, without considering the recommendations of the Venice Commission, in the end all the remarks and recommendations that have come out are not taken into account. So you have a flawed law. For this reason, it is considered very important that the Ministry of Justice withdraws the draft law and addresses all the recommendations, then the law is sent as a whole and there are no changes through amendments to this draft law, but it is voted on as a whole all the recommendations that came from the opinion of the Venice Commission but also from the recommendation of the Constitutional Court. But this was ignored by the Ministry of Justice and they continued to send the law to the Assembly of Kosovo", he adds.

Even the researcher, Liridon Salihi from the Group for Legal and Political Studies (GLPS), says that this bill has shortcomings, without accurately addressing the opinion of the Venice Commission.

"Here, the issue of increasing the number of members of the KPK presents a problem, which presents a problem in itself, as well as the issue of involving the People's Advocate again in the selection of non-prosecutor members of the KPK. With the current state of this draft, we are not satisfied. But despite the fact that the same has gone to the assembly and if it passes the first reading in the assembly, then we suggest that these changes be made between the two readings, so as to address in the best possible way all the recommendations that have come by the Venice Commission in the two preliminary opinions but also in the recent opinion, so that we have a reform of the KPK", he emphasizes.

On the other hand, Viona Bunjaku from "Lëvizja Fol", does not expect that the reform in the KPK will be completed within this government mandate.

"Considering that this reform in the Prosecution Council is a delayed reform, we believe that even in this mandate, reform in the Prosecution Council of Kosovo cannot be achieved. Because we are far behind in terms of the legal procedures required by the law until the adoption of this law. We are at the end of this government's mandate, and a reform promised at the beginning will not be achieved in this mandate. And we expect a lot that the KPK, normally, will be reformed in a proper way, not as it started from the beginning trying to be politicized. Therefore, we believe that this reform will continue, but we have no hope that the reform in the KPK will be completed within this term", concludes Bunjaku.

In the latest opinion, the Venice Commission does not support the temporary increase in the number of KPK members./KP