GOVERNMENT PROTECTS THE LAWFULNESS OF KOSOVO BAR ASSOCIATION

The said Decision is based on Article 44, paragraph 1 of Law no. 04/L-193 on the Bar, which stipulates: “The Government of Kosovo supervises the lawfulness of general KCA acts and is authorized to suspend the application of an act that is in conflict with the law, until the competent court makes a decision on it. This supervision is limited to the adherence to the law and legislation, by not violating the administrative autonomy of the KCA.”

The Regulation suspended by the Government was approved on 30.06.2016 by the Kosovo Bar Association and is the result of a cooperation agreement between the Kosovo Bar Association, the Kosovo Judicial Council, the Kosovo Prosecutorial Council, and the Kosovo Police for the establishment of a coordinating mechanism for litigation defense at public expense in the criminal cases, concluded on 26 April 2016.

This Regulation was disputed by a group of lawyers who submitted the assessment of the lawfulness of this regulation to the competent court, and also required from the Ministry of Justice to initiate the procedure for suspension of the implementation of the regulation until the court renders a decision on this case.

Moreover, the provisions of the Law on the Bar do not foresee the issuance of such an act by the Kosovo Bar Association. Furthermore, this regulation derives from a cooperation agreement, whose provisions foresee some limitations for lawyers, such limitations being in violation of the provisions of the Law on the Bar, and particularly Article 54, paragraph 1 of the Criminal Procedure Code, which stipulates:

 “Only a member of the Chamber of Advocates of Kosovo may be engaged as defense counsel, but an attorney in training may replace the member of the Chamber of Advocates. If proceedings are being conducted for a criminal offence punishable by imprisonment of at least five years, an attorney in training may replace a member of the bar only if he or she has passed the judicial examination. Only a member of the bar can represent a defendant before the Court of Appeals or Supreme Court of Kosovo.”

The Ministry of Justice has also consulted the representatives of the Bar Association in order to find a solution to this issue.
Furthermore, the Ministry of Justice is in the process of reviewing criminal justice (Criminal Code and Criminal Procedure Code) and in this case expresses its commitment to discussing and reviewing any matter, including issues specified in the said regulation, and thus invites the parties involved in this dispute to submit their proposals.