Third meeting of the Structured Dialogue on the Rule of Law – 16 January 2014 Operational conclusions

The representatives from Kosovo and the EU met for the third time in the framework of the Structured Dialogue on the Rule of Law (Brussels, 16 January 2014). This Structured Dialogue offers an opportunity for high-level political discussions related to Justice, Freedom and Security, and Judiciary and Fundamental Rights. The meeting featured discussions concerning the judiciary and judicial reform, independence of the judiciary, the fight against organised crime and corruption and the effective prevention of corruption.

There was agreement that considerable achievements have been made by Kosovo in 2013, but also that there are many important challenges still to be addressed. The European Commission, EULEX and the EUSR/Head of the EU Office assured their full support and continued commitment to assist Kosovo to address these challenges. 

Kosovo assured their high political commitment and determination to meet the objectives in the rule of law, a commitment which was also demonstrated by the progress made. The EU side emphasised that increased efforts are needed from the Kosovo authorities on the implementation of the jointly agreed Compact actions, which are reflected in the roadmaps discussed in the meetings of the Joint Rule of law Coordination Board (JRCB) and monitored through the Compact tracking mechanism.

Both parties recognised progress is being made in terms of strengthening the capacities of the Kosovo institutions. Kosovo recognised that the continued support provided by the EU is important, assisting the strengthening of capacities of Kosovo institutions to perform better and more effectively the responsibilities prescribed by law. 

In order to improve further and target better the EU support under IPA 2, Kosovo will prepare by the end of April a three year comprehensive rule of law assistance strategy and action plan. This strategy will allow the EU and other donors to provide strategically targeted assistance to Kosovo in the future, and it should support and prepare Kosovo to gradually assume more rule of law-related responsibilities.

On the implementation of judicial reform and the harmonisation of legislation Kosovo reported that the harmonisation of the laws on the judiciary, with the involvement of all stakeholders, has been concluded and draft amendments have been sent to the EU for comments. A joint Judicial Council-Prosecutorial Council working group has been set up to make an assessment of the implementation of the Criminal Code and the Criminal Procedure Code. A significant investment in financial and human resources has been made recently increasing the number of judges and prosecutors, including in the special prosecution office. While recognising the relative smooth transition to the new court and prosecutorial structure in 2013, the European Commission emphasised the importance of an inclusive process when harmonising or drafting legislation. The Commission also underlined the need for more attention to be given to case management and data processing in the judiciary, to improving access to justice for minority communities and to the proper handling of – often sensitive property rights cases. 

Regarding the independence of judiciary the EU side expressed concerns about public comments made on specific cases, especially regarding final judgements, aimed at the independence of the judiciary. The EU strongly expressed the view that the fundamental principle is to refrain from interference; public comments by high level officials can have the effect of being interfering, threatening or intimidating. The EU encourages Kosovo to respect better the principle of the separation of powers which is laid down by the Constitution and the relevant legislative framework. This issue will be further discussed in the context of the Joint Rule of Law Coordination Board.

Kosovo confirmed its policy against open intervention in the judiciary and agreed that individual court cases should not be discussed in public. The Judicial and Prosecutorial Councils stated that the independence of judiciary is incontestable and they have stepped up measures to act upon public or media statements which can be seen as interfering in the judiciary. Coordinators in charge of media and public relations have been nominated in the basic courts and prosecutorial offices, which is important for the public perception on the independence of the judiciary. There are improved security and protection measures for judges and prosecutors; next step is to ensure those measures are implemented and also made applicable to relevant staff, plaintiffs and witnesses. 

In order to address the problems in the Correctional Services identified by the 2013 Progress report, the Ministry of Justice, in cooperation with EULEX, has established a task force that will monitor the performance of this service and will work towards addressing the problems.

Kosovo institutions reaffirmed their commitment to cooperate better in the fight against organised crime and corruption, whilst agreeing that organised crime and corruption remain amongst the biggest challenges, to be addressed with absolute priority. 

The needs to make progress to provide concrete evidence of results in fighting organised crime and corruption, as well as improve the reliability of statistics is reflected in the 2012 Feasibility Study Kosovo. Kosovo institutions have established a tracking mechanism for the harmonisation of statistical reports concerning the fight against corruption, organised crime, trafficking in human beings, trafficking in arms, trafficking in narcotics, money laundering, as well as concerning the confiscation and sequestration of assets. The Prosecutorial Council has prioritised the handling of corruption cases, through the adoption of an action plan addressing the lack of efficiency of the prosecutorial system on corruption cases; a national coordinator has been appointed to monitor the implementation of this action plan.

Kosovo presented improved statistics in the fight against organised crime and corruption. The key for achieving progress in these fields lies in actions and in commitment; it concerns the implementation of the adopted legislation and strategies and the good functioning of the cooperation & tracking mechanisms. 

Regarding the fight against corruption in general and the fight against corruption in public procurement in particular, Kosovo is requested to look into the need to streamline and improve the complex institutional set ups, as well as into the development of e-procurement.