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Prishtina, 04/06/2011

Deputy Prime Minister and Minister of Justice 
Prof. Dr. Hajredin Kuçi .

On February 24, 2011 Deputy Prime Minister Prof. Dr. Hajredin Kuçi took over the duty of the Minister of Justice. on the first hundred days, the Ministry of Justice has made significant progress. 

Ministry of Justice has paid special attention to the Progress Report of the European Commission for 2010. Progress Report has been and is guiding the work of each official in the Ministry of Justice. Political and civil staff of the Ministry of Justice, worked together with the commitment to fulfill all of the findings and recommendations resulting from the progress report with regard to the Ministry of Justice. 

Some of the areas under the work concept of the new cabinet, in which has been achieved significant progress are listed as follows: 

It established the Consultative Council of Justice, whose members will be bearers of justice institutions and their representatives, from Kosovo Assembly, Presidency, the Judicial Council, Kosovo Prosecutorial Council, the Constitutional Court, Supreme Court, EULEX, ICO, legal experts from the legal theory and practice and authoritative experts from civil society, academic institutions. The purpose of this Council is to promote justice and rule of law, implementation of strategies of judicial and prosecutorial bodies, providing of conditions, the proposal and undertaking the measures in the field of judiciary and prosecution. The invitations for the appointment of their representatives in all institutions have been sent already, in accordance with the decision and it is expected soon the solemn constitution and the beginning of the work of the Council. 

It is established the War crimes research institute , which , as  public institution coordinate research, monitoring and investigation of war crimes against peace, crimes of genocide and other serious violations of international law committed in Kosovo.

Concrete steps have been taken in the functioning of the notary system in Kosovo. There were published the results of candidates from the first examination held for the purpose of establishing the notary system in Kosovo. the mediation system is being functionalized also. In the first training for mediator were selected the candidates from most regions of Kosovo, and trainers were the experts from Austria. After completion of training, mediators will be certified by the Mediation Committee, and will be licensed by the Ministry of Justice. MoJ has also increased the efficiency regarding the procedures for e bar examination.
 
In order to increase the efficiency and discipline at work in the Correctional Service and Probation Service of Kosovo, but also respecting the rights of prisoners, through Memorandums  of Understanding have been invited the organizations of civil society to monitor the work of the Kosovo Correctional Service. In this way, by decision of the Minister of Justice was established the Inspectorate of Kosovo Correctional Service which will do the work inspection. 

Ministry of Justice has established two new departments: Department for International Legal Cooperation and the Department for European Integration and Policy Coordination. 

In order to increase efficiency and transparency, the Minister of Justice has requested that all decisions of the Conditional Release Panel be published on the website of MoJ.  MoJ has Also, requested that part of monitoring the work of the Conditional Release Panel to be three members of the Kosovo Parliament, two from the opposition of one of the position (party in power). For these same purposes, MoJ has signed a series of cooperation agreements with several civil society organizations that enable collaboration in some of the key processes developed by the MoJ. Among the important agreements is also the agreement with Prosecutorial Council to transfer personnel, competences to recruit new prosecutors, files and assets from MoJ to KPC.  The process of recruiting 45 new prosecutors has already begun.

In order to increase transparency and public accountability in front of the citizens of the Republic of Kosovo for the work, engagements  and expenditures made in the Ministry of Justice, the Deputy Prime Minister and Minister of Justice, Prof.. Dr. Hajredin Kuçi has decided that every Friday to publish all weekly expenditures made, starting from the Cabinet of Minister, Secretary General, Departments, Agencies and Offices of the Ministry of Justice. These reports can be on found on the link of MoJ web page: "Expenditures of the Ministry of Justice."

Regarding the legislation in the field of justice, MoJ has drafted laws which are foreseen  in legislative strategy and are in the stage , as follows:

1. The draft law on witness protection (it is in the Assembly procedures); 
2. Draft law on free legal aid (it is in the Assembly procedures); 
3. Draft law for amending and supplementing the Law no. 03/L-10 on notary (it is in the Assembly procedures); 
4. Criminal Code of Kosovo, Government Working Group will complete the work within the month of June; 
5. Draft law on international judicial cooperation in criminal matters; is expected that the draft  approved in the government these days because has passed all stages;
6. Draft law on prevention of conflict of interest, the Law is currently reviewing the government working group and within June will be approved in the Government; 
7. Draft Law on Criminal Responsibility of Legal Persons; Governmental Working Group has completed work and now is expected to be approved by the government; 
8. Draft Law on Protection of whistleblowers, government working group has completed work and will now proceed to the MoF and MEI thereof;
9. Draft law for Amending and supplementing  the Law no. / L-151 for the Declaration, Origin and Control of assets and Gifts of  Senior public officials, is in the final phase of the review of the government working group in June and will be sent for approval to the government; 
10. Draft Law on Obligations, is the final phase of the government working group in June will be sent for approval to the government.

Ministry of Justice in particular has played a determinant role and offered all the assistance and expertise in the establishment of the Kosovo Prosecutorial Council and among other signed and entered into force Memorandum of transfer of competences of staff, administration and budget to the State Prosecution State and Prosecutorial Council of Kosovo.
 
It is also provided the support for the vacancy announcement for 45 new prosecutors, and support and ensuring the budget  for 130 new judges which are in the selection procedure by the Kosovo Judicial Council, it is provided space for KJC and KPC in former premises of the OSCE. 

With Regard to increase of efficiency and full transparency, it Is taken the Decision on the transfer of competences to KCS for administration, finance and procurement. Then, cooperation with NGO on monitoring procurement processes and requests  for opposition parties to do the same thing, but they did not respond to the invitation. 

Deputy Prime Minister and Minister of Jutice Hajredin Kuçi paid several visits abroad during this important period. Visits were to Athens, Brdo, Slovenia, where he had fruitful meetings with counterparts in the region, among others with the Secretary of Justice, and Chief prosecutor of the United States, Eric H. Holder. Visit and reaching agreements in principle in Montenegro on issues of international judicial cooperation, then the signing of these agreements with the Republic of Turkey and Macedonia. Respectively, the agreements in criminal matters: agreement on mutual legal assistance in criminal matters, extradition and transfer of convicted persons. 

Ministry of Justice and the Cabinet of the Minister responds regularly to legal requests papers of citizens including the prisoners. Donor coordination for which was taken the Decision and contacts with all the cooperation agreements and other preparations. Final preparations are being made about the functioning of the prison (facility) for protected witnesses. 

It is made functional the Notary exam, where it was unblocked the process left half way, now we have 10 candidates who have successfully passed written and oral notary exam , and it is published the time for re-exam. also is continuing training of candidates for mediation with the help of foreign donors, like USAID, for what we express gratitude . By early 2012, these two services for the first time will be operational in the Republic of Kosovo. 

Final preparations are being made to the Law on Private enforcement and this system will enable extremely the increase of efficiency in the execution of pending cases and will greatly facilitate  the regular courts. 

During the 100 working, the Ministry of Justice is actively represented in the government working groups to review draft laws and Administrative Guidelines initiative of which were other ministries, in accordance with the Rules of Procedure of the Government no. 1 / 2007. 

MoJ based on Government legislation and other public entities in the judicial proceedings. MoJ during this period, has opened / received among the 1279 cases from this,  950 cases in Civil Procedure, 5 cases in uncontested procedure, 12  cases in the execution procedure and 13 cases in administrative proceedings. Whereas, has represented the Government of Kosovo in total 200 trial processes.

The work on construction of High Security Prison has commenced . It is made full operational the Detention Center in Mittrovica. Also, worth noting that contracts are signed and has been start the cornerstone of the Palace of Justice.
 
Previously, MoJ has signed memorandums of understanding with MAP where it was agreed that all powers and procedures for capital construction be transferred and move on to MAP. Preparations are being made in the creation of the economic unit for the activation of all productive resources in KCS. Various programs are designed for the employment of prisoners. 

Department for International Legal Cooperation has processed over two thousand five hundred (2500) requests for international legal assistance of different nature. It was successful extradition of 12 persons from foreign states in Kosovo, and vice versa, as well as carry out the transfer of 4 sentenced persons. MoJ of Kosovo and MoJ of Macedonia have signed agreements on extradition, transfer of convicted persons, and International Legal Cooperation. MoJ of Kosovo and Turkey have agreed that the agreements on Extradition, Transfer of Sentenced Persons, and the International Legal Cooperation signed on 31 May 2011. It established the legal basis for cooperation in the field of extradition between Kosovo and Ireland.
 
Contacts and meetings were conducted with countries such as Germany, Italy, Slovenia, Montenegro, Albania, for the finalization and signing of bilateral agreements in the field of international judicial cooperation.

Ministry of Justice has taken the initiative to establish the Academy of Justice of the Republic of Kosovo, which will be the umbrella of all training institutions within the judiciary, prosecutors, lawyers, notaries, mediation and other segments of justice. The project is in the design phase. 

Ministry of Justice on the recommendation by the European Commission has applied to the Hague Conference for private international law to participate as observers in seminars, work, and conferences of this organization.

Kosovo Probation Service the total number of cases (claims) for social surveys that have come from the prosecution offices and courts in this service is 303. This service has drafted the Strategy 2011-2014, which is expected to be approved by the Minister. It has started the drafting of internal regulations of PSK. PSK  application is approved for membership in the European-Probation CEP by the board of this organization, and formal acceptance is expected to become the general assembly of the organization.

It is appointed the commission for the Dialogue on the issue of the Missing persons which will represent Kosovo in talks with the Serbian part  in Brussels. Within this, meetings were held with all stakeholders involved. It is improved cooperation at the operational level between local staff and EULEX, the Department of Forensic Medicine has been notified about the exhumation plans, which have started and are supported by the Government Commission for Missing Persons. 

Ministry of Justice has entered the final phase of the functioning of the Agency for Administration of Seized or Confiscated Assets (AASCA) with full capacities, organizing this  Agency and working closely with the courts, prosecution, Kosovo Police and other bodies of this field. AASCA during this period has managed to develop the secondary legislation, drafted Work Plan for the Agency for 2011, has made the preparation of the analysis on the measures and actions to be undertaken in order to increase the level of work, efficiency, transparency and AASCA full functionality based on experience eight months, assessments, conversations, experiences and recommendations of relevant international factors. Agreement was signed between the (ZKA)(MAO)/ MoJ and ZKA(MAO) / AASCA concerning the share of services to a joint auditor, the joint MFO and joint certifier.

From the European Commission has commenced capital Project to construct the Safe house for temporary housing victims of trafficking in human beings, from the European Commission with its finalization.
 
It has been finalized the Database has been finalized for the Victim Advocacy and assistance division and started the process of data entry, registration of cases assisted, and actions that are undertaken in terms of providing protection and assistance of victims of crime. Judicial Integration Section (JIS) during this period has continued to effectively carrying out the activities envisaged by the mandate and goals of the Division of Judicial Integration, and therefore is continued receiving  new cases and proceeding the cases previously received, and total 34 cases were received.

Among other, special report dedicated to cooperation with the media, as to print media also  electronic media, for which the Ministry of Justice expressed its gratitude and deepest appreciation to follow every activity of the ministry .

But anyway are not left aside a number of challenges facing the Ministry of Justice:

The main problem remains the functioning of the courts in the north, then support for the reduction of cases in court, increasing the number of collaborators that will be done by agreement already reached with JC and PC to transfer staff from MoJ who have adequate qualifications to facilitate the work in the Court and the Prosecution  and the MoJ and doesn’t increaser the need for budget .

Adoption of Criminal Code amendments and the complete harmonization of legislation in Kosovo will require the support of foreign donors.
 
Another important challenge is the functioning and efficiency of administration in the MoJ, which will be required to increase the ongoing discipline and commitment in carrying out tasks stemming from the description of the respective places.

The data presented above represent only some of the most concrete achievements of the Ministry of Justice. MoJ remains committed to the successful completion of all legislative processes as well as other nature already initiated by Ministry , without leaving aside the numerous initiatives for each area of its competence, in order to improve the rule of law in Kosovo.

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