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.