The Weakest Link of Kosovo's Democracy - KFOS

European Integration, Judiciary, and the Fight
against corruption:
99
report on the State of Affairs in the Judiciary System in Kosova,
prepared by organization ÇoHu!
January 2009
Among the most often identified as main problem in Kosova that resulted by qualifying
the judicial system as failed is the lack of engagement in resolving a number of
important cases that affect the interests of Kosovar society; lack of decisiveness and
partiality in implementing the law; backlog of cases accumulated for a long period of
time; numerous charges of corruption of judiciary workers; a considerable number of
identified cases of law violation; and dismissal and investigation of a number of judges
and prosecutors. Among these problems one can include also the slow pace of reforms
and political influence on the functioning of justice system.
In a number of cases, it seems that the bodies of Kosovar justice system have been
used by individuals and certain groups to advance their interest in public companies
or other institutions. Sensational arrests that attract public opinion’s attention are not
followed by investigations of serious trials making impression that opinion’s attention
was their sole purpose, and the placement of certain people in positions from where
they can draw illegal profits. The European Commission’s report of few weeks ago
stated that justice system remains weak in all levels and the progress remains isolated
to very low ones only. This is one of many critiques directed to the Kosovar justice
system by either national or international organizations throughout its existence.
Problems of the Justice Sector
Diverse actors within the justice sector believe that they have limited responsibilities
on this matter. A number of interviews with managers, judges, and prosecutors at
the courts and prosecutor’s offices in five largest municipalities and districts identified
several causes to the created situation, including: lack of political will to facilitate the
judiciary’s and prosecutor’s work, interference in many cases to prevent reforms, low
number of judges, low salaries of judges and prosecutors, difficult working conditions,
incomplete legal framework along with ambiguities, etc. this position delegates the
responsibility largely to the other powers, including the legislative and the executive.
Many interviewed judges identified the backlog of cases and low financial remuneration
as two key problems that obstruct the normal operation of the justice sector.
Among the prosecutors, the dominant problem remains the low remuneration system.
Other interviewees both within and outside the sector believe that lack of professionalism
among the judges and prosecutors are key to lack of functionality of the system.
They also talk of no-merit based appointments, vulnerability to pressures from certain
groups or people over judges and prosecutors with a past during the Serb regime,
and interests that contradict the law or the interests of Kosovar society. Five judges
and ten prosecutors claimed of knowing colleagues that have had political influence
The Weakest Link of Kosovo’s Democracy
forum 2015