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By:
Valbona Bytyqi
- 25 October 2024 20:10
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The Prosecution Council aims to convince the court to allow it to keep secret the documents related to an employment process in the Office of the Chief State Prosecutor. The council filed a lawsuit against the Information and Privacy Agency, after this institution obliged the KPK to create access to documents for a candidate who was not declared the winner through the competition.
Two Kosovo institutions will face each other in court: the Prosecutorial Council and the Information and Privacy Agency. This, after the KPK's lawsuit regarding the postponement of the execution of the agency's binding decision to provide access to public documents.
KOHA has been informed that the issue is related to the selection of the communication officer in the Office of the Chief State Prosecutor, for which information was requested by one of the candidates in this recruitment process.
The progress of the process has been confirmed by the Agency. In a written response, it was emphasized that the request of the KPK to increase the security measure was made in order to make impossible the execution of the binding decision of the AIP.
"The decision of the Information and Privacy Agency, in the capacity of the supervisory authority in relation to all public institutions, therefore also to the KPK, is of a binding nature. The AIP has issued this decision to oblige the KPK to provide access to public documents to a complaining party, which had requested access to the documents related to a recruitment procedure developed within the KPK", it is stated in the response from the Information and Privacy Agency.
The Prosecution Council did not provide much information about this case. In a written response, they justified the lawsuit, while for the recruitment process they suggested obtaining information on the website.
"We inform you that the candidate who was declared the winner by the evaluation committee has not started work because the legal procedures have not yet been completed. As for your information, the KPK has used the legal means, allowed on the basis of the legislation in force", says the response of the KPK
Monitors of the justice system criticized the action of the KPK. Gzim Shala, who is a researcher of the Kosovo Institute for Justice, said that the lawsuit is a new attempt by the Council for lack of transparency in relation to the public.
"The KPK itself must know that for such decisions, when there is a selection of certain candidates, it is in the interest of the public, and especially of the opposing candidates, to have access to these documents, because then the efficiency or effectiveness of the the legal remedy they apply and the resistance of the Kosovo Prosecutorial Council in relation to the Information and Privacy Agency, in front of the standard already established by the Information and Privacy Agency. Despite the fact that it is a legal tool, I estimate that it is a new attempt by the Prosecutorial Council of Kosovo to close it down or to show lack of transparency in relation to the public", he says.
According to the data provided by the Information and Privacy Agency, there are a total of 13 lawsuits filed against it. Out of them, in three cases the judicial examination has started.
