With 63 votes in favor, 4 against and no abstentions, the Assembly of Kosovo elected the members of the Commission for the Jurisprudence Examination, with Arian Gashi as chairman.
Ersan Qavolli was elected deputy member for the criminal law case, while Lumni Salihuka and Arsim Hamza for the civil law case.
Anita Prenaj Krasniqi and Suada Rama Hamza will cover the subject of constitutional law and the basics of the judicial system.
Burim Shala and Nehat Çelaj were elected for commercial and labor law, while Bujar Muzaqi and Hysni Ismaili were elected for international law and European Union law.
Minister of Justice, Donika Gërvalla, said that this draft law should be approved because it guarantees a fair process for lawyers who aspire to take the bar exam.
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However, their vote was preceded by a debate among members of the Kosovo Assembly.
The Minister of Justice, Donika Gërvalla, stated that over 234 complaints have been received, which focused on the work of the commission.
"Based on the legal powers and responsibility for overseeing this process, the Ministry of Justice has analyzed the entire process and made an assessment of the three terms held by the current commission. For these terms held, the ministry had received over 243 complaints, which focused on the work of the commission. In statistical terms, the comparative analysis between the two periods shows a discrepancy in the assessment standard. Meanwhile, in the period 2023–2025, the exam pass rate is 3 and 4%, while in the previous commission 2021-2023 it reached over 34%. Such a deviation does not reflect a sustainable standard," she said.
She said that for more than two years, the entire process with the current commission has been accompanied by problems, starting with the lack of transparency. Gërvalla added that all of this has damaged the credibility of the process and violated its integrity, affecting its progress.
Meanwhile, the current deputy chairman of the commission, Vigan Qorolli, announced that the Government's decision has been changed, so that Rrezarta Lleshaj was elected deputy member, while Hysni Ismaili was elected deputy member.
According to the opposition, changing the commission without dismissing the current one and without providing their personal justifications for the violations is a violation of the Constitution.
Thus, PDK MP Përparim Gruda said that he does not support this form of changing the commission.
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"According to the Constitution, when a commission is replaced, it is implied that the previous one is dismissed, while the previous commission has not been dismissed. I see it as problematic from a constitutional point of view if the current members decide to appeal – they can win the case and overturn this decision. What needs to happen is for each member to have an individual justification for dismissal. I see it as problematic to replace members in this way, when we do not have a decision of the Constitutional Court that supports such an action. Therefore, we do not support this form of changing the commission," he said.
Meanwhile, LDK MP Doarsa Kica - Xhelili said that the complaints are not sufficient to establish a commission of inquiry.
"We are talking about interference in a professional body that evaluates candidates in one of the most important exams in the judiciary. There may be dissatisfaction and remarks, but complaints are not used to put a commission under control; they are handled through audit processes. An individual assessment of the minister is not enough, even less when it comes to the merit of the exam. Young lawyers - I am convinced that even those who have failed the exam do not want to end it with a "political debt". You only have two concrete things: you are bringing laws to be approved in a hurry and I do not see that something like this should be done with this urgency, unless you have decided to go to the elections, which is already known", she said.
Meanwhile, Armend Zemaj from the LDK also accused the parliamentary majority of lowering the standard in electing this commission.
AAK MP Daut Haradinaj said that he does not see any quality in the names proposed for the new Commission for the Bar Exam.
Haradinaj: For the commission candidates - there are unknowns here at the table
"The Constitutional Court's decision prohibits group dismissal and requires justification for each member as to what violation they committed. I expected you to also disclose the offer for candidates, that is, what criteria were used to arrive at this composition, because there are unknowns that are on the table here. You should have focused on the quality of the members of the new commission," he said.
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Meanwhile, Minister of Justice, Gërvalla, countered Haradinaj by saying that among the proposed names, they will find judges who have made important decisions against the government.
"In this commission you will find judges who have made very important decisions against this government. I want to emphasize that our criterion has not been loyalty to the government's decisions, but the proposals that have come from various professional bodies, which have expressed their confidence in the professionalism of the commission members," she said. /KP
