The European Union Office in Kosovo said on Wednesday that it is regrettable that its recommendations for draft laws on Public Officials, the Independent Media Commission and the Kosovo Prosecutorial Council, which are on the agenda tomorrow (Thursday), have not been taken into account. to be approved in the second reading in the Assembly of Kosovo.
According to the feedback, the EU recommendations aim to improve them and ensure compliance with European standards and best practices.
"Regarding the Draft Law on amending and supplementing the Law on Public Officials, it is worrying that the Assembly Committee for Public Administration, Local Government, Media and Rural Development has not considered the broad and consistent advice that the EU has offered during the drafting process so that the law is fully aligned with merit principles, including a special opinion of the EU Commission issued on the Law on Public Officials in force. The Assembly Committee has not addressed the key concerns related to this draft law, raised in various EU opinions, especially in relation to the changes that the legislation brings to management positions and recruitment, promotion and performance procedures in the civil service. . Such changes, if implemented, risk undermining the professionalism and impartiality of the civil service. In particular, it is worrying that the draft law also maintains the controversial "year zero" provision, which stipulates that with the entry into force of the law, the first term of service for incumbent civil servants and public officials in low-level management positions begins. and secondary schools, as this contradicts the decision of the Constitutional Court of 2023. This also risks undermining professionalism and stability in the civil service", the reaction states.
Even the draft law on the Independent Media Commission, according to the EU, does not reflect most of the recommendations given.
"Also, the current version of the Draft Law on the Independent Media Commission does not reflect most of the recommendations contained in the Legal Opinion prepared by the Council of Europe, including sensitive issues such as the powers and funding of the Independent Media Commission, electoral procedures and terms of service for its members, as well as the proportionality of sanctions. Despite introducing some fundamental changes in the field of media regulation, the current draft requires further revisions to improve legal clarity, proportionality and further compatibility with EU and Council of Europe standards," the EU response continues. .
The EU is also not satisfied with the draft law on the Prosecutorial Council.
"Regarding the current draft law to amend and supplement the Law on the Prosecutorial Council of Kosovo, the EU expresses its regret that Kosovo had not requested a follow-up opinion from the Venice Commission, despite the fact that with the establishment of the Pre-Electoral Commission, the supplement/amendments foresee a new institutional structure for the appointment of non-prosecutor members. Therefore, the EU reiterates its strong recommendation that the Venice Commission be re-consulted on this draft law. The EU further notes with concern that despite our continued advice and support to the government and the relevant committees of the Assembly, our comments have not been taken into account, including those related to increasing the pluralism and independence of the Pre-Electoral Commission to ensure alignment with European standards".
The EU has said that these draft laws are key for Kosovo's path towards the bloc.
"Assessment of alignment with European standards will also be crucial for the EU Commission's assessment of progress in the enlargement report. Therefore, we call on the Assembly to re-examine the proposed additions/changes to ensure these draft laws meet EU and European standards by addressing our previous comments and recommendations. After all, good and fair laws that comply with European and international standards are essential for the rule of law in democratic societies, as well as for the well-being and protection of citizens," the EU said in its response.
