KLI reacts to unlawful decisions of KPC and bad practices of changing regulation from KJC
Monday 12 December, 2016
Pristina, 12 December 2016 – Kosovo Law Institute (KLI) while monitoring the Kosovo Prosecutorial Council (KPC) and Kosovo Juridical Council (KJC) has found that even during the month December year 2016, two councils during performance of their functions and activities, have taken decisions that are against basic laws that regulates prosecutorial system and decisions that build bad practices regarding the process appointment of courts presidents or supervisory judges.
KPC on 2 December 2016 has approved the decision No. 1458/2016 over extension of temporary transfer of prosecutor Abdurrahim Islami.
The same council on 27 May 2016 has taken decision for temporary transfer of prosecutor Islami from Basic Prosecution in Pristina to the Special Prosecution of Republic of Kosovo (SPRK).
Preliminarily, the Chief State Prosecutor, Mr. Aleksander Lumezi on 16 April, with the decision has transferred the same person from Basic Prosecution in Pristina to SPRK, using article 22 section 3 of Kosovo Prosecutorial Council Law, which in extraordinary cases, enables the Chief State Prosecutor to transfer temporary a prosecutor to another prosecution. Undertaking transfer according to this disposal cannot exceed thirty days (30) days except if council approves a longer period.
Transfer of prosecutor Islami by decision of the Chief State Prosecutor has violated legal deadline within 30 days. By decision of Chief State Prosecutor, the prosecutor Islami stayed 44 days, respectively from date 18 April till 31 May 2016.
Also the KJC decisions of date 27th May 2016 and 2nd December 2016 are approved against the law for the KJC and regulation for transfer and promotion of State Prosecutors. The KJC law in article 22 defines causatively that forbids the transfer of the same prosecutor in another prosecutorial for a time period longer than six (6) months for once. Prosecutor Islami, with the decisions of KJC, already extended temporary transfer for the second time in SPRK.
Decisions of KJC are also against the article 2 of regulation of transfer and promotion of State prosecutors, because switching from basic prosecution in Pristina as a prosecution of lower level in SPRK as a specialized prosecution of higher level, considers progress and not the transfer as KPC decided with her two decisions of month May and December 2016. According to the regulation and procedures approved by KJC, promotion of prosecutors should pass only through the concurs institute, that in this case this principle is violated by KJC itself.
Kosovo Juridical Council (KJC) on date 8 December 2016 has taken decision to approve regulation No. 17/2016 for changing the regulation No. 14/2016, for completion and changing of regulation No. 09/2016 for election procedures, appointments, evaluation, suspension and dismissal of presidents of courts and supervisor judges.
KJC through this regulation has changed election procedures, appointments, evaluation, suspension and dismissal of presidents of courts and supervisor judges. According to this decision the members of evaluation commission except they are permitted to participate in KJC meeting when decision is taken for appointment of presidents or supervisors judges, the same have the right also to vote.
KJC has already turned in practice the completion and changing of regulation and procedures regarding important processes in juridical system. KJC has implemented same procedures also during the process of appointing new judges.
Furthermore click here in: short law analyze about these decisions of KPC and KJC.