Burim Ademi, judge at the Court of Appeal, in the "Tempus" show on KTV, said that he did not know that there is informal resistance of the Judicial Council of Kosovo and that there are two issues that directly contradict the Constitution.
"Honestly, I do not know that there is an informal resistance in the context of opposition to the law, and I said from the beginning that this law is a legitimate initiative and also with three bases from the constitutional level aspect", said judge Ademi.
However, according to him, there are two essential issues that the Ministry of Justice should take into account, which may directly conflict with the constitutional norms.
"First, this law talks about the efficiency and therefore the realization of a right to compensation. In this context, the Constitution in Article 108, paragraph 5, gives only the Judicial Council competence for the administration of the judicial system, which also constitutes the aspect of administering cases in judicial procedures, which gives it a constitutional basis to issue rules according to the law", he added. he.
Further, Judge Ademi said that this law does not foresee any possibility for the Judicial Council to build any rules to effectively implement this law if it goes like this.
"Categorically, the Judicial Council, but also the entire judicial system opposes such an action within the legal provisions, whether by implementation or decision on the issue of compensation at the level of the Supreme Court", emphasized judge Ademi.
According to him, this creates problems in efficiency and that the party does not have effective legal means.
"Because it creates efficiency problems. Due to the fact that there are no effective legal remedies for the party and consequently, the party is claimed to be compensated from 200 to 4 thousand. And what if the Supreme Court assesses that 300 is sufficient, but the party says it is not sufficient, I want to file a complaint, Where do we take such a case then?", he added further. / Oath of Justice
Lawyer Qerkini: Our remarks are for improving the law
Lawyer Artan Qerkini, in the show "Tempus" on KTV, said that the remarks are for the improvement of the law.
Initially, he said that this law should also apply to the criminal procedure, since according to him, even a defendant is interested in having his case completed within a reasonable time.
According to lawyer Qerkini, a person who is subject to criminal proceedings has a legal interest in having his case completed within a reasonable time.
"Because the criminal procedure limits the right, a person who is subject to the criminal procedure is suspended from work. A person who is in criminal proceedings cannot apply to a public tender. A person who is in criminal proceedings cannot be employed in a public institution", said lawyer Qerkini.
According to him, this Draft Law addresses the matter of the judgment within a reasonable time, but he said that the remarks are for the purpose of improving the quality of the law and that they are not for the purpose of attacking someone as to why he made the law.
"There is no perfect law, we have been in working groups ourselves. We have received many remarks, we have incorporated them, because the common goal is to be a quality law which fairly addresses a great concern of the citizens of the Republic of Kosovo. Therefore, I think we now have to focus on the details, because the dough exists, the matter exists. However, the details are what make this law functional or not functional", added lawyer Qerkini. / Oath of Justice
Qorrolli says that there are misunderstandings about the Draft Law, Shala asks them to distinguish between the procedures
Vigan Qorrolli, Deputy Minister of Justice, in the show "Tempus" on KTV, said that there are misunderstandings about the Draft Law on trial within a reasonable time, but Gzim Shala from the Kosovo Institute for Justice told him that they should distinguish between investigative and judicial procedures .
During the debate with Shala, Qorrolli told him that it is not necessary to deal with lawsuits that are a minority, since according to him, the cases of shujat are minority lawsuits compared to other cases.
On the other hand, Shala told him that they should distinguish between investigative and judicial procedures.
"Do you distinguish between the investigative procedure and the judicial procedure, I can see it, it's fine with me", added Shala, stressing that the investigative phase and the judicial procedure should be distinguished.
"Article 6 of the European Convention on Human Rights applies equally to both criminal and civil proceedings," he said.
According to him, in order to understand what the purpose of the law is, one must understand that the Law states that in the investigation of criminal offenses the maximum duration of investigations according to the Code of Criminal Procedure applies.
"For three and a half years you have built a narrative that everything...", said Qorrolli, while Shala reacted by saying that he is not distinguishing between procedures.
"The idea why it is bo 3 plus 2 is an idea that we had bo in 6 months, 1 year, 2 years, I still said why. I understand, I have also read the report and I am listening to you very attentively, that you have a problem related to a load in the justice system because these are also problems of the Judicial Council, which they expressed informally, but I hope that on Friday, when the workshop is held, they will express it", said Qorrolli.
The Deputy Minister emphasized that there are misunderstandings based on what the active jurisprudence says, which the Constitutional Court has also cited, in at least three cases.
"It says that it is up to the member states to determine the normative limits of the operation of this Article 6 of the Convention which is related within the fair trial", he said.
According to him, it is thought that 36 months is an optimal term in the first instance, as he added that they know the complexity since there are problems in the first instance. He said that the Law is being made for the citizens whose subjects are not getting an epilogue. / Oath of Justice
Shala: I don't know what information we are missing as IKD, I consider the minister's statement reckless
Gzim Shala, senior researcher at the Kosovo Institute for Justice (IKD), said that it is strange the statement of the Minister of Justice, Albulena Haxhiu, which she made after the publication of the IKD report "Problems of reform in justice" (Analysis of the four Draft Laws that emerge from the "Joint Declaration of Commitments"), as there are the data that are the object of analysis of the Draft Laws published on the platform of working consultations and IKD has been part of the working groups.
Haxhiu had stated today that the IKD report does not hold and that according to her IKD does not have the right information regarding the reform in justice.
In the show "Tempus" on KTV, Shala said that she does not know what information the minister lacks and that she considers it reckless on the part of the minister to make such a statement.
Shala said that in the two reports published by IKD, there are data that the object of analysis are the two draft laws that were published on the public consultation platform.
"This statement is a bit strange because the data that the two reports deal with, the one today and the one on Friday, are data that are the object of analysis of the two Draft Laws that have been published on the public consultation platform," he said.
Also, Shala said that IKD has also been part of the working groups for the drafting of these draft laws and that it is logical that the information derives from these sources.
"While we have continuously been part of the working groups and we have the Draft Law, I don't know what information, what is the information that we don't have and that we should have", added Shala.
Further, he said that in terms of inter-institutional cooperation, it is a known fact that until March 20, 2024, there were continuous meetings between the actors of the justice system, the Ministry of Justice, the KJC, the KPK, and others, for the drafting of these draft laws, until on March 20 of this year they were withdrawn.
"The American Embassy, the Office of the European Union, OSCE, have also shown their regret because all the actors of the justice system are not together to address the problems that need to be addressed through the declaration of commitments", declared Shala.
Shala said that this is recklessness which she does not understand.
"I want to believe that this was a technical omission and imprudence on the part of the Minister of Justice, as I do not want to believe that this is conviction, that if it is conviction, then the Minister of Justice is uninformed and definitely should not have presented this situation, it's just recklessness which I don't understand", he added. / Oath of Justice
Judge Ademi: The ECJ itself refuses to define strict deadlines for trial in time
Burim Ademi, judge at the Court of Appeal, in the show "Tempus" on KTV, said that the European Court of Human Rights (ECtHR) itself refuses to define strict deadlines for trial in time.
"I am afraid that as long as it has not proved reasonable for that court and for many other states to define strict deadlines, in this context I am afraid that problems may arise", said Ademi.
The judge considers it necessary to issue the Law on judgment in a reasonable time frame and says that from these actions we must be careful about the construction of norms.
"We consider that the issuance of such a Law is legitimate given the historical argument of many countries, especially from the birth of these actions. On the other hand, I feel that we need to be very careful about how the rates are standardized", said Ademi.
He said that they are afraid that such a law will be impossible in practice.
"I am afraid because it is a fact that the Judicial Council, especially in the last three years, has taken permanent actions related to judicial efficiency, starting from the acts that the KJC itself has built, starting from the norm that it has determined for judges, which shows that the KJC requires a continuous efficiency of judges in their work", said Ademi.
He added that a regulation was also issued for professional associates, which shows that the support sector of the judicial system should be checked for the impact of the efficiency of the work they do within the judicial system. Also, he said that he has built strategies for the efficiency of the processing of cases, making them proeritized.
"All of these are a function of judicial efficiency, and despite these acts and actions, the KJC has also built a strategy oversight mechanism, which is the highest level of the judicial system consisting of 5 judges of the Supreme Court, who permanently have supervision and receive continuous reports from the branches, from the Basic Court, from the Court of Appeal, from the special departments and the leaders of the special departments", Ademi added.
Despite these actions, he says it is clear that the question of efficiency is not so simply resolved. / Oath of Justice
Lawyer Qerkini: The burden of the efficiency of the case lies with the courts and not the parties
Lawyer Artan Qerkini said that the burden of the efficiency of the case is on the courts and not on the parties.
In the show "Tempus" on KTV, Qerkini said that while the Constitution guarantees citizens a right to trial within a reasonable time, without a law of this nature, this right remains as a right on paper.
"Even when citizens have complained to the Constitutional Court that this right has been violated, they have not received material compensation for the violation of this right, as long as this Law foresees a reasonable compensation within the budgetary possibilities of the Republic of Kosovo for the citizen who this right is violated", said Qerkini.
He said that the Law should define when the deadline for trial in a reasonable time begins to run. According to the Jurisprudence of the Strasbourg Court, it says that the deadline in criminal proceedings starts from the moment when the defendant is first informed of the suspicion that he has committed a criminal offense.
"To tell you the truth, when we are at fault of the party for procrastination based on the procedural laws of Kosovo, the party cannot be blamed. Why? Because the deadlines are strict and there are legal consequences for non-compliance with the deadlines and the courts have a sanctioning mechanism for non-compliance with procedural discipline. So the legislator has transferred the burden of procedural efficiency to the court", said lawyer Qerkini.
He said that he agrees on many points with the IKD report "Judgment within a reasonable time". published on 5 July 2024, stating that despite the Bill's legitimate aim to address the issue of adjudication within a reasonable time frame, the content of the Bill does not address this issue. In fact, this Draft Law, with this content, risks creating chaos in the judicial system.
Qorrolli: More than five judgments of the Constitutional Court found a violation of the right to trial in a reasonable time
Vigan Qorrolli, Deputy Minister of Justice, said that there are over five judgments of the Constitutional Court, which find violations of the right to trial in a reasonable time.
Invited to the show "Tempus" on KTV, Qorrolli said that as early as 2021, the MoD has issued a concept document and a Strategy for the issuance of a Law for the realization of the trial within a reasonable time frame.
The Deputy Minister emphasized that this year the preparations for drafting the draft law have begun and this year they are in the final stage before approval in the Government and then in the Assembly. So, it is in the stage of public consultations.
The law on trial in a reasonable time said that it will be a very important foundation for our society, as there are over 150 thousand cases in the justice system that are active, and that citizens have been waiting for years for those cases to be resolved.
Since we are on the verge of joining the Council of Europe, he said that we should have such a law as most EU countries have.
"In the consolidation of the judicial practice of the Constitutional Court, we have over five judgments which have the same normative value as the constitutional amendments and have a normative constitutional value, where they establish a violation of the right to trial in a reasonable time", said Qorrolli.
He said that the latest case is that of a citizen from Gjakova, who initiated the case in 2008 and still has not received an epilogue from the first instance of her case.
"Imagine this 16-year-old when a citizen of the Republic fails to receive what is called fair satisfaction," he said. / Oath of Justice
