The Weakest Link of Kosovo's Democracy - KFOS

eappointment of judges and prosecutors
Reappointment of judges and prosecutors should have started in 2007. Despite delays,
the beginning of the process in 2008, which continues to be carried out with
delays, is overwhelmed by absence of transparency and poor management of reevaluation
process. Half of prosecutors and judges failed ethical evaluation in the very
first stage. Although they had failed and should not have continued to occupy those
positions after the end of this process, they had continued to exercise same responsibilities
as if nothing had happened.
case description
The reappointment process was initially provided by Framework Regulation on the
Justice Sector No. 2006/25 of 2006 then this process was regulated in more details by
Administrative Instruction No. 2008/2.
Following entry into force of the Constitution of Kosovo, this process was given stronger
legal grounds, through the Constitution of the Republic of Kosovo, Article 150,
which among others provides that “The comprehensive, Kosovo-wide review of the
suitability of all applicants for permanent appointments, until the retirement age determined
by law, as judges and public
prosecutors in Kosovo shall continue to be carried out in accordance with Administrative
Direction 2008/02 and shall not be affected by the termination of the United Nations
Mission in Kosovo (UNMIK)’s mandate or the entry into force of this Constitution”.
The process of reappointment of judges and prosecutors was foreseen to take place
in 2007. It was dragged on without a reason and, as provided below, continues to
drag on 5 . The process should be conducted in 4 stages. Ethical testing and application
stage, the second stage that deals with appointment for supreme level (which was
said to have been accomplished), whereas the third stage, including appointments in
districts, and the last stage that includes appointments at the municipal level should
be carried out.
Shortcomings and dragging on
The reappointment process, together with preparation of systematic legal infrastructure
on organizing judiciary in Kosovo dealt with by this summary of institutional
delays, comprise two of the most important processes in the field of justice in Kosovo
following the declaration of independence.
5 Despite public announcement of institutions on completion of the first part of
reappointment “project”, there are still vacant positions in Supreme Court but also in State
Prosecutor’s Office. There are 8 vacant positions in the Supreme Court and 3 vacant positions
in the Prosecutor’s Office.
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The Weakest Link of Kosovo’s Democracy
forum 2015