Minister Gërvalla presented the Draft Law on the State Bureau for Verification and Confiscation of Unjustified Assets to the Assembly

The Draft Law on the State Bureau for Verification and Confiscation of Unjustified Assets was presented today to the Assembly of the Republic of Kosovo. Deputy Prime Minister and Minister of Justice Donika Gërvalla described the draft law as having particular importance for the state and the rule of law, for the path towards the EU and for citizens’ trust in justice.

In her introductory speech, Minister Gërvalla called on members of the Assembly of the Republic of Kosovo to support the draft law regardless of their political affiliation.

“The fight against the misuse of public money, unjustified wealth, strengthening accountability and protecting the public interest should not be a matter of political division, but a common state obligation. This is a moment for us to side with the rule of law, with institutional integrity and with citizens of the Republic of Kosovo”, stated Minister Gërvalla.

She said neither the Venice Commission nor the Constitutional Court had challenged the concept of civil confiscation as a legal instrument, whereas the recommendations for more clarity, proportionality and procedural guarantees have been reflected in the current version of the draft law submitted for consideration.

“Today, the Assembly has before it a draft law that sat in the drawers of the Constitutional Court for a long time, very long time.

A draft law written by experts, through consultations, with comparative analysis and with high constitutional care, it has passed through strong local and international filters,”, declared Minister Gërvalla.

Speaking about the role and functioning of the Bureau, Minister Gërvalla explained the law did not target ordinary citizens. Rather it deals with public officials and public office holders, who have an obligation to declare wealth created during the exercise of public office.

“The Bureau makes no confiscation or adjudication. The Bureau does not replace the courts. The Bureau collects, verifies and analyzes information. A decision for confiscation is made by the court. So, a constitutional mechanism, balanced and in harmony with the principles of the rule of law”.

Furthermore, Minister Gërvalla added that this draft law had a protective dimension, guaranteeing justice for all those who have created wealth legally.

“This draft law has another important dimension: it protects justice even for those who have created wealth legally and with sweat. Because a serious system does not cast doubt on everyone. A serious system verifies, proves, guarantees due process and decides only on the basis of the law. This is both justice and legal certainty”, she said.

In conclusion, Minister Gërvalla reiterated that the State Bureau for Verification and Confiscation of Unjustified Wealth is a guarantee for institutional integrity, accountability. It is also a guarantee that the state will not surrender in the face of uncertainty and unjustified wealth.