Month: April 2022

On 28 and 29 April EUKOJUST supported Kosovo Judicial Council (KJC) in further advancing its legislative framework through a workshop held in Peja. In this Workshop, Kosovo Judicial Council, Court Presidents, Judges, Legal Experts have been working together in drafting/finalizing six different sub-legal acts, which include the following:

• Catalogue regarding job descriptions in Courts, the Secretary, and the Judicial Inspection Unit.
• Regulation on the functioning of the KJCS and the JIU.
• Draft regulation on the status, rights, obligations, performance appraisal, disciplinary procedure, and termination of employment of professional associates
• Draft regulation on non-financial assets.
• Draft regulation amending the regulation on transfer of judges.
• Discussion regarding the quality of data, electronic file of judges as well as addressing issues related to Criminal Evidence.

EUKOJUST Experts Alban Krasniqi and Arben Isufi are supporting this activity with expertise in the relevant fields.

The sixth Steering Committee meeting of the European Union / Kosovo Justice Sector Programme EUKOJUST, was held on Wednesday, April 27, 2022 in Pristina. The Chair of the Kosovo Judicial Council, Mr. Albert Zogaj chaired the meeting, in which the Kosovo Minister of Justice, Ms. Albulena Haxhiu, Director of the EUKOJUST Project from IRZ, Ms. Teresa Thalhammer and Mr. Nicola Scaramuzzo from the EU Office in Kosovo were also present.

The representatives of the key judicial institutions in Kosovo discussed in the meeting the activities and achievements of the Project presented in the 5th quarterly report covering the period January – March 2022 and presented their views on the way forward.

Following the discussion, the Steering Committee voting right members, including Mr. Albert Zogaj – Chair of the Judicial Council, Mr. Enver Peci – President of the Supreme Court, Mr. Jetish Maloku – Chair of the Prosecutorial Council, Ms. Sevdije Morina, Deputy Chief State Prosecutor, Ms. Kadrije Bicaj from the Academy of Justice, Mr. Mentor Borovci – from the Office of the Prime Minister, Mr. Naser Canolli – Official Gazette agreed on the date of next Steering Committee meeting and its chair.

Harmonization of Special Laws with the Law on Minor Offences was the core topic of the workshop jointly organized by the Legal Office of the Prime Minister’s Office (LO-OPM) and EUKOJUST on Friday, April 15, 2022 in Pristina. Representatives from line ministries, Assembly, judiciary, and defense lawyers attended the workshop and presented their views on this important issue.

The LO-OPM has done recently a piloting regarding the harmonization of special laws falling under the administrative responsibility of the of the Ministry of Health and Ministry of Agriculture, Forestry and Rural Development, which was presented today.

The outcomes of this pilot have demonstrated the outmost importance of the process regarding the fundamental principles of legality and respect of human rights by ensuring that minor offences and their accompanied sanctions are stipulated only through laws and not sub-legal acts, likewise to the principle of legal certainty by enabling citizens and other entities to plan and adapt their actions according to laws that are stable, accessible, foreseeable, and consistent. Moreover, the piloting has demonstrated the importance of the harmonization of the Law on Minor Offences with the EU Acquis, especially the six directives on procedural rights that LO-OPM has already planned with EUKOJUST to use as a pilot regarding the pre-screening thematic approach.

There remains a high number of laws within other ministries that stands in a stark contrast with principles enshrined in the instruments mentioned above. Owing to this, the LO-OPM and EUKOJUST are planning to continue this fundamental legal reform that moves the respect of the rule of law and human rights a step forward, said EUKOJUST Team Leader, Volkmar Theobald.

“We consider that it is necessary to identify these specific laws that need to be amended to ensure the required legal harmonization. Such a harmonization process needs to be done in coordination with line ministries,” said Theobald.

With this workshop the EUKOJUST aimed at discussing with all stakeholders the modalities of action for the next phase of the process of legal harmonization. The Harmonisation of Special Laws with the Law on Minor Offences will constitute a significant legal reform.

A workshop on drafting the reform in three important rule of law areas in Kosovo is underway. The EU-funded project, EUKOJUST, is supporting justice institutions in drafting the Concept Document on Civil Procedure Code, Concept Document on Administrative and Labor Justice, and on the initiative to amend the Law on Special Chamber of the Supreme Court. The current reforms represent an ideal opportunity for tangible improvement in the three areas that these documents aim to address.

Representatives of Kosovo’s highest justice institutions pledged to contribute to the process of drafting concept papers that will assist in the process of reforming the areas that have so far lagged in operation.

The Minister of Justice, Albulena Haxhiu, expressed her commitment that everything requested from the Ministry of Justice will be addressed. “I am aware of the problems you face on daily basis. I know we have many challenges, but just as there is no lack of will, we will prioritize the problems and we will address them until solved completely”, said Haxhiu. Minister Haxhiu praised the assistance and support that EUKOJUST is providing to this very important process for citizens, the country, and the judiciary in general.

The Chair of the Kosovo Judicial Council, Albert Zogaj, expressed his gratification that the initiative of the Council, the Ministry of Justice and the Supreme Court is now becoming real with the support of EUKOJUST. “This makes me believe that the results will be fast and visible,” said Zogaj. He commended the involvement of the judiciary in such a large and voluminous composition for such initiative, while this may be the first time. Zogaj said that the issues identified in the system by the Council, the Ministry and the Supreme Court make necessary the substantial reform of procedural justice in Kosovo.

The President of the Supreme Court, Enver Peci, expressed his gratification with the comprehensive commitment of institutions in this workshop for an important process of reforming the justice system, in particular for the constructive and positive spirit of work in the workshop. He agreed on the need for reform in terms of the functioning of some units where delays have been identified. Peci said that addressing these issues is a challenge, but he was optimistic that with the will and commitment of all the best legal modalities in terms of well-functioning will be found.

EUKOJUST Team Leader, Volkmar Theobald, said to be delighted to the growing cooperation with institutions and to witness project’s support intensifying. Theobald emphasized that today’s event marks the start of the reform in three areas that EUKOJUST shall support the Ministry of Judicial Council. On behalf of the EU Office in Kosovo, project manager Nicola Scaramuzzo addressed the workshop.

EUKOJUST is supporting Kosovo Judicial Council with a workshop on 7 and 8 April to draft a new regulation on the use of Case Management Information System (CMIS) in the judiciary system. This two-day workshop will serve as a platform to identify and address emerging issues pertaining to the use of CMIS by judges and the supporting staff of courts and KJC. Furthermore, the workshop is going to tackle key aspects of CMIS encompassing the work of basic courts, appellate court as well as supreme court against the backdrop of streamlining processes regarding statistical reporting and interconnecting this system with other platforms in place.

The Regulation is conceptualized as a blueprint to provide a clear description of the entire work processes in the court system through CMIS, starting from the receipt of submissions/case files, registration, scanning and automatic allocation of cases to judges through CMIS. Moreover, it is going to track all actions undertaken by the judge, communication of judges with courts through the system. New draft of the regulation aims to further clarify communication between the court system: Basic Court – Appellate Court – Supreme Court and Electronic data exchange with the Prosecution Service will be better streamlined.

EUKOJUST is supporting the Legal Office of the Office of the Prime Minister (LO-OPM) and relevant stakeholders to take a more structured approach on legal approximation, i.e. following the National Program for the Implementation of the SAA, to assess conformity of national law with the EU acquis comprehensively regarding the areas identified in that Program.

This constitutes a new approach and requires guidance and capacity building. This guidance and methodology are set out in the Approximation Manual which was updated by EUKOJUST and where the introduction of the pre-screening thematic approach to Legal Approximation with the EU Acquis is central.

Given the importance of the Manual for the improvement of the legal and institutional framework with regard to EU Approximation, EUKOJUST in cooperation with the LO-OPM organized a two-day workshop on 29 and 30 of March 2022 in Peja where the first draft of the updated Manual elaborated by EUKOJUST was discussed and agreed upon with relevant stakeholders, such as LO-OPM, MoJ and Assembly.

During the Workshop EUKOJUST experts explained the difference between the thematic and ad hoc approach, use of terminology consistently by differentiating between the overarching concept of approximation, including the harmonization of national law with directly applicable EU legal act on one hand and transposition of directive on the other hand, the different approximation requirements for directly applicable EU legal acts and directives, suggests a different analytical focus for Tables of Concordance (ToCs) for directives and for directly applicable EU acts, suggests standards for citations of EU law, provided an in-depth guidance for the elaboration of ToCs and provided updates (new case law, missing differentiation, ..). It was evident that the representatives of the beneficiaries are well aware of the process and the challenges in legal approximation. The difference between the thematic and the ad hoc approach were understood and the benefits of the thematic approach, though more work intensive, were acknowledged. Also, the advantages of taking a different in approach for the harmonisation of directly applicable EU law and directives which need to be transposed was recognized. The participants however stressed, that comprehensive training will be needed to introduce these novelties to the legal drafters in all line ministries and administrative bodies involved in legal approximation.

Prishtina, April 4, 2022- The Chief State Prosecutor, Aleksandër Lumezi hosted the representatives of the EUKOJUST Project, led by the former EULEX Chief Prosecutor, Johannes Van Veerswijk, engaged as an expert in this project, accompanied by another expert, Cristian Nicoara.

Chief Prosecutor Lumezi and experts Veerswijk and Nicoara had fruitful discussions on the joint activities undertaken so far as well as the ones expected to be undertaken within the EUKOJUST Project, which aim to improve the prosecutorial system, especially in advancing transparency, accountability and strengthening the ethics of the prosecutors.

They also exchanged views on strengthening the role and position of prosecutors and their specialization in handling criminal cases. Chief Prosecutor Lumezi praised the support of the EUKOJUST Project provided to the institution of the State Prosecutor and expressed his readiness to deepen cooperation and partnership with the EUKOJUST project in the future.

EUKOJUST project, in cooperation with the Kosovo Chamber of Advocates (KCA), organized a one-day training on the topic “The Role of the Lawyer in representing the victims of Domestic Violence”. The training was delivered by the EUKOJUST Long Term Expert on Public Legal Education / Domestic Violence and Marginalized Groups Bardhë Krasniqi and Legal Advisor Nita Bejta to over 60 lawyers licensed by the KCA from the Peja region.

The focus of the training was building professional capacities of lawyers on protection from domestic violence, national legal framework including the latest trends in international law and jurisprudence, as part of the continuous legal education programme under the KCA umbrella, as well as building the soft skills of lawyers to understand the dynamics of domestic violence situations. The lawyers benefited both from the professional point of view and from the good experience of the trainers.

The training was delivered under the EUKOJUST project’s specific objective on strengthening access to justice for all citizens in Kosovo, particularly in the field of domestic violence and disadvantaged or marginalized groups.