The opinion of the Venice Commission ensures the independence of the prosecutorial system
Prishtinë, 14 December 2021 – Kosovo Prosecutorial Council (KPC) welcomes the opinion of the Venice Commission regarding the draft amendment to the Law on KPC.
This opinion ensures the separation of powers and the independence of the prosecutorial system, reiterating that the initiatives taken by the Ministry of Justice to amend the Law on the KPC with these proposals are contrary to international practices and standards.
In the opinion, respectively in point 49, it is emphasized that the procedure for electing lay members (which also means the initiative to elect a prosecutor member by the Assembly of Kosovo) is very complicated, unclear and creates opportunities for manipulation.
The Venice Commission, in paragraph 57 of this opinion, raises two main concerns; A "reduced" Council that would consist exclusively of lay members (including the prosecutor elected by a simple majority by the Assembly of Kosovo) will have the same power as the full-fledged Kosovo Prosecutorial Council, and most importantly he will decide on the election of the new Chief State Prosecutor to be held in early 2022.
The second issue is that the same "Reduced Council" with lay representatives will provide full control over the election commission that oversees the process of electing new Council members by their colleagues.
In the opinion of the Venice Commission, the changes proposed by the Ministry of Justice are contrary to international and European standards, and these changes propose the removal of prosecutors from governing the prosecutorial system at the most critical moment when the Chief State Prosecutor and the prosecutorial members from their ranks will be elected.
Whereas, regarding the termination of the mandate of the current members of the KPC, the Venice Commission in point 54, reiterates that the early termination of the mandate of a member of the Council (when it does not come due to voluntary resignation, abolition of the entire institution or for other similar reasons) should always be associated with an identifiable wrongdoing or failure to perform his or her duty. KPC members should not be "blamed" simply because the parliamentary majority or their colleagues do not agree with the decisions they make.
Also, in the conclusions of the opinion, in point 71, it is explicitly stated that the reform should not lead to the submission of the Kosovo Prosecutorial Council to the ruling majority and that the proposal of the Ministry of Justice increases the risk of unnecessary political influence on the KPC.
The Kosovo Prosecutorial Council remains committed to working towards the full implementation of the Rule of Law Strategy which preserves institutional independence and aims to advance the strengthening of the rule of law in the Republic of Kosovo.
