The Ministry of Justice shall have no power to discipline judges and prosecutors

The Ministry of Justice would like to clarify the public that the Draft Law on Disciplinary Liability for Judges and Prosecutors has not yet been finalized. Following the consultations with the presidents of the courts and the state prosecutor, Kosovo Judicial Council, Kosovo Prosecutorial Council, the Ombudsperson, civil society, as well as international partners, the Ministry is preparing a draft law which will be finalized in the near future. Any document that may circulate in public is not final but only a draft document for the consultation purposes with the relevant stakeholders. Based on this, the comments that are based on these draft documents are premature and misguided.

The Ministry of Justice would like to clarify the public that based on the recommendation of the European Union in Kosovo, the Croatian model of disciplinary liability shall be taken as the foundation which will then be adapted to the institutional circumstances and conditions in Kosovo. According to this model, despite the premature comments, the Ministry of Justice shall have no power to discipline judges and prosecutors. This power is exclusively vested on Kosovo Judicial Council and Kosovo Prosecutorial Council, as defined by the Constitution of the Republic of Kosovo.

However, presidents of the courts, state prosecutor, Ministry of Justice, and the Ombudsman, as well as the citizens of Kosovo will be entitled to file a request with the Kosovo Judicial Council and Kosovo Prosecutorial Council to initiate investigations against a judge or prosecutor, if there are grounds that they have committed a disciplinary offense. The investigation shall not be carried out by the Office of Disciplinary Counsel, but by a disciplinary commission established by the Kosovo Judicial Council and the Kosovo Prosecutorial Council respectively. When investigating a judge, the disciplinary committee shall consist of judges serving in other courts, whereas in the case of a prosecutor from prosecutors serving in other prosecutor offices, hereby addressing complaints of judges and prosecutors on being investigated by officers of the Office of Disciplinary Counsel who have no experience in judicial proceedings or prosecutors’ duties. Moreover, this office is also criticized by international partners for their lack of transparency and accountability. The final decision to discipline judges and prosecutors is vested on Kosovo Judicial Council and Kosovo Prosecutorial Council respectively, against which legal protection may be initiated before the Supreme Court. Decisions shall be published to increase the transparency of the process.

The Ministry of Justice would like to ensure the public that they are finalizing the draft law in close cooperation with international partners, particularly the US, and are considering EU comments and recommendations, including documents on international and European standards, especially those of the Council of Europe, in order to achieve the highest standard of efficiency. For this reason, all parties are invited to refrain from premature and unsustainable comments in order not to mislead the public. The Ministry of Justice specifically invites the media to be directly informed in the Ministry on current developments and to refrain from unfounded reporting that may only serve to interest groups for whom a responsible, transparent, and efficient judiciary is not convenient.