ehat.miftaraj@kli-ks.org
About KLI
Kosovo Law Institute (KLI) is non-governmental organization and non-profit of public policy, and specialized ideal in the justice sector which with the advancement of the law. Established on 4 February 2009, the institute functions as a professional association registered at the Ministry of Public Administration with the number 5112193-7 at the head of which stands the Assembly of Members. Activity of the KLI is led by the Executive Director, advised by the Advisory Board of the organization.
Mission of KLI is to strengthen the rule of law and improving access to justice for citizens.
Vision of KLI is consolidation of the society with democratic values that respects and promotes the principles of rule of law and good governance.
Goal of KLI is continuous advancement of law in Kosovo. We intend to reach this goal through our research, publishing and advocacy activities, which we organize in six programs that enable us a comprehensive approach of intervention, from making of law to their implementation by the responsible institutions.
Its activity, institute develops through the programmatic structure.
Access and principles
Ensuring that domestic law is done through a transparent and inclusive process and is implemented through an efficient system responsibility and accountability of justice institutions, KLI builds the basis of its actions towards the institutional goal. Through specific programs for justice in elections and anti-corruption, these activities are synthesized in a comprehensive approach toward advancing justice in Kosovo, an approach that we complete through our educational and awareness activities.
KLI constantly publishes reports that arise from our investigative and monitoring work, the nature of which extends throughout the spectrum of justice, from the appointment and reappointment of judges and prosecutors, to justice reforms, and to accountability within this system.
Principles that lead our activity are accuracy, transparence and accountability.
ACTIVITIES
The Kosovo Law Institute in its activity undertakes these activities:
- Legal research, including, inter alia, public policy research related to the rule of law, qualitative and comparative analysis of laws and public policies, comparative analysis between Kosovo, the region and Europe.
- Journalistic research, including the identification of flaws, bad practices, disrespect of rules and procedures as well as other investigations of particular cases that are of interest to the public.
- Analysis and legal expertise, including legal and technical support for the institutions of rule of law.
- Advocacy, including direct advocacy to the institutions, advocacy through the media, mobilization of the legal and civil society sector on matters of particular interest.
- Reporting, including television and online reporting, for the progress and functioning of the rule of law system, informing citizens about this system, functioning and reforming it, with a particular focus on improving access to justice.
- Systematic monitoring of the work of the rule of law institutions, including police, prosecution, courts and the Bar Association, as well as issuing periodic and special reports that arise from the monitoring process.
- Continuous technical and substantive support of the institutions of the Republic of Kosovo, through active participation in working groups for the initiation and amendment of legislation, as well as other professional groups, starting from the phase of concept documents to the revision of laws in the Assembly.
- Representing the community of lawyers and civil society in legislative process and playing the role of the liaison bridge between the system of rule of law and society.
- Continuous promotion of the principles of separation of powers, promotion of human rights and freedom with a special focus on rights along the proceedings in the justice system.
- Promoting the role of the judiciary with a particular focus on informing the role of prosecutors and judges as well as institutions of judicial power as KJC and KPC.
- Encouraging the functioning of rule of law institutions, including inducement for transparency, functional system of accountability and holding them responsible, as well as cooperation between institutions of rule of law.
- Assessment of implementation of the policies and laws, including laws, strategies, action plans and other policy documents regarding the rule of law.
- Organizing debates, whether internal debates between institutions and stakeholders, public debates or TV debates for important matters in the area of rule of law, fight against corruption and the functioning of judicial power.
KLI PRODUCTS
Kosovo Law Institute, besides ad-hoc and occasional products, produces the following products:
- Periodic reports of court monitoring
- Periodic reports of prosecutions monitoring
- Periodic reports of police monitoring
- Detailed reports of the proceeding of corruption cases
- Detailed reports of the proceeding of cases of characteristic criminal offenses
- Detailed reports of the proceeding of civil cases
- Detailed reports of the proceeding of administrative cases
- Research and analysis of public policies regarding the rule of law, specifically the justice system and the fight against corruption.
- Quick public reactions on certain matters
- Analysis of laws and their compliance with EU and UN standards
- Construction of a platform of information sources, statistics and other data, arising as a result of the work of the KLI (and not only) which are published on a special internet page and serves as a primary source for researchers and journalists.
- Daily journalistic reports on court hearings.
- Daily news about the rule of law system
- News analysis on weekly basis
- Research reports, journalistic, regarding the rule of law
- The TV show specialized in the rule of law “Oath for Justice”
LEGAL INFORMATIONS
- Full name: Kosovo Law Institute
- Abbreviation: KLI
- Date of establishment: 4 February, 2009
- Legal status of registration: Association
- Date and number of registration: 4 February 2009; 5112193-7
KLI leads its activity based on its Status adopted by the Assembly of Members of the organization, as the highest decision making body in KLI. This Statute will govern the nonprofit association KLI, established in accordance with Law No.04/L-57 On the Freedom of Association in Non-Governmental Organizations in the Republic of Kosovo.
KLI TEAM
KLI staff has great experience in various capacities in the justice sector in Kosovo, including the development of research and legal analysis, reporting and journalistic research, raising awareness, and involvement in advocacy activities. This includes close work with local and international authorities in Kosovo to ensure independence, impartiality, and increasing public confidence in the justice system.
Menaxher i Programeve/Projekteve/Autor i 'Betimi për Drejtësi
Betim Musliu
betim.musliu@kli-ks.org
Menaxhere e Programit/Menaxhere e projekteve
Fjorda Vllasolli
fjorda.vllasolli@kli-ks.org
KLI Associate
Ioana Cornescu
ioanacornescu@rocketmail.com
Menaxher i Financave dhe Administratës
Xheladin Bytyçi
xheladin.bytyqi@kli-ks.org
Monitorues/Hulumtues
Gzim Shala
gzim.shala@kli-ks.org
Hulumtuese - Prishtinë
Arrita Rezniqi
arritarezniqi@gmail.com
Monitoruese/Hulumtuese - Kamenicë
Genta Pajaziti
gentashefkiu@hotmail.com
Monitoruese/Hulumtuese - Prishtinë
Anesa Hoxha
anesahoxha1@gmail.com
Hulumtuese
Eranda Zekaj
eranda.zekaj@kli-ks.org
KLI IMPACTS
Below are described just some of the KLI’s impacts on making laws and policies for rule of law institutions and the impact on adjournment of accountability mechanisms to keep responsible officials of the justice system for violating the law:
Three recent impacts of work of the KLI:
1. KLI recommendation for “Criminal Justice Review in Kosovo” is in the process of being implemented. Following the continued advocacy of the KLI, for the review of criminal justice and the review of criminal legislation and its implementation in practice, the Ministry of Justice has decided to initiate the process of criminal justice review in Kosovo. Numerous institutional mechanisms and failures in the functioning and coordination of justice institutions and other law enforcement agencies should be revised thoroughly to see their results and the need for their existence and restructuring. KLI is part of Working Group of the Ministry of Justice on “Reviewing of criminal justice in Kosovo”.
- Recommendation of the KLI to include the justice and security system in the Vetting process has turned into policy of the Kosovo Government. Following the continuous advocacy of the KLI, as a result of the systematic monitoring of the justice and security system and the low level of trust of citizens in the justice system, the Government has decided on its program plan approved in the Kosovo Assembly, to include the Vetting process for the justice and security system. KLI will advocate pushing forward this process, offering all the expertise and experience to successfully complete the cleaning of the justice system from corrupt and the holders of functions with controversial integrity.
- Implementation of the KLI recommendation in process for review of institutions and mechanisms for fighting corruption is being implemented, is followed by another recommendation of the KLI to create a new mechanism for fighting organized crime and corruption. This recommendation of the KLI has now turned into a policy of the Government of Kosovo, which in its program plan approved in the Kosovo Assembly, has foreseen the creation of a new mechanism for fighting organized crime and corruption. KLI is the only organization that has provided concrete recommendation for the creation of a specialized mechanism uninfluenced from politics, which has also received the support of internationals and has now turned into a policy of the executive. KLI will advocate for adjournment of this recommendation to mark concrete results in fighting organized crime high profile corruption.
- As a result of the publication of report “Pardon in Kosovo” on January 2012 and “Pardon in Kosovo 2” on January 2014, President of the Republic of Kosovo has initiated the amendment to the Law on Pardon. KLI has been part of the Working Group on amending of Law on Pardon, in which has provided valuable contribution through its own analysis, as the first and only institute, which has analyzed the Law on Pardon and the applicability of this law since its entry into force in 2009. This draft law has been completed and has remained to be proceeded further by the Presidency of the Republic of Kosovo.
- KLI through advocacy has managed to raise the debate over the judiciary budget that in 2014, the judges of the judicial system and the prosecutorial system have quoted literally the work of the KLI “Independence of the judiciary in Kosovo: Analysis of individual and institutional financial independence” published in 2012. Problems of judicial power with the budget have been solved in formal terms, creating formal independence from interventions of the executive, however, in practice neither the Assembly of Kosovo has not yet provided the necessary support for the judicial power.
- Publication of the report “Accountability of the justice system: Report on regulation of accountability of the judicial and prosecutorial system in Kosovo”, in March 2014, raised the debate about the accountability of the judicial power in Kosovo. As a result of this work, discussions have started on the independence of accountability mechanisms through the creation of the Law on the Office of the Disciplinary Counsel or finding other alternatives to increase accountability.
- Recommendation of the KLI to change the composition of the Kosovo Judicial Council, which has violated the independence of the judiciary in Kosovo, is reflected in Constitutional changes, where formal independence has already been achieved, enabling selection of the majority of members of the Judicial Council by the judiciary itself.
- Recommendation of the KLI to change the composition of the Kosovo Prosecutorial Council, which has violated the independence of the prosecutorial system, is reflected in the legal changes, respectively in the Law on Kosovo Prosecutorial Council, which has removed Chief Prosecutors of Prosecutions as members of the Council and the Minister of Justice as member of the executive.
- KLI has contributed to raise the matter of accountability of the justice system within the Task Force for European Integration (drafting of the 2014-2020 Draft Strategy), as well as within the Working Group on the preparation of the Strategic Plan 2013 – 2018 for the Judicial Council of Kosovo, in which strategies have been entered the recommendations of KLI.
- KLI through the local elections project 2013 had a direct impact on the creation of preconditions, the conduct of elections and efficient and effective functioning of the police, prosecution and courts. KLI has assisted the justice institutions in drafting the Memorandum of Cooperation (State Prosecutor, Kosovo Judicial Council, Kosovo Police, Central Election Commission, Electoral Panel on Complaints and Appeals) while for the first time has drafted Standard Action Procedures for State Prosecutor and Kosovo Police, the implementation of which has produced concrete results, providing free, fair and democratic elections. This is the first time that elections are highlighted in all local and international reports as the best organized elections in Kosovo. KLI has been the main supporter of justice institutions in drafting policies and also in monitoring their implementation. This created tradition continues, while elections continue to be well organized and secured by security and justice mechanisms.
- KLI has been the only institution that has monitored and assessed the implementation of legal obligations and action plans for treating corruption cases. From 2014 to 2017, over 600 cases of preliminary investigations have been initiated against prosecutors and judges for violations of legal provisions. Commissions for Performance Evaluation of Prosecutors and Judges and Disciplinary Commissions in the Prosecutorial and Judicial Council have disciplined a number of prosecutors and judges for legal violations evidenced by KLI researchers.
- KLI despite direct criticisms against institutions and individuals who have violated the law, as a result of systematic monitoring of the justice system has consistently been a key partner in drafting policies to ensure the independence of the judicial system and prosecutorial system, creating better conditions for the judicial system and the prosecutorial system, drafting action plans for fighting corruption.
- KLI is the only civil society organization that has drafted action plans for treating corruption cases with absolute priority for the prosecutorial system and judicial system in Kosovo.
- As a result of the reports and recommendations published by KLI, the Ministry of Justice in 2016, has established a working group for the review of the Justice Sector in Kosovo. KLI is part of this working group and the entire contribution of KLI is pro bono (free).
- As a result of KLI’s impact through concrete reports and recommendations, the Ministry of Justice initiated the drafting of draft law on disciplinary responsibility for judges and prosecutors.
- KLI, on November 2016, through the report “The Legality of the KJC and KPC” had publicly reacted regarding the Regulation on the Recruitment, Exam, Appointment and Re-appointment of Judges and changing criteria regarding the qualifying test, reducing the passing criteria from 45 points to 40 points after the qualifying test results were published. The KLI recommended to the KJC to annul such a decision as the same was contrary to law. KJC, had annulled the same decision.
- As a result of the impact of the KLI, through published reports and concrete recommendations addressed to the KJC and KPC regarding the amendments of the adopted regulations and internal acts, has influenced that the KJC and KPC to make decisions that during 2017 to review all approved regulations in contradiction with law, which are specifically criticized by the KLI separately.
- In addition to these direct impacts to the benefit of the public interest to have a justice system that responds to the needs and demands of citizens for access to justice, KLI with its expertise, has trained lawyers of the Kosovo Bar Association (KBA) in the field of international legal cooperation. Trainings by KLI for the KBA are held pro bono (free) in order to increase the capacity of young lawyers in offering legal services to increase citizen’s access to justice in the most efficient and effective manner.
- Training of KLI for Media and Public Relations for Public Information Officials in Courts.
- Also for the development of the capacities of young journalists KLI through research journalists with experience in investigative journalism in the field of rule of law have held several pro bono (free) lectures for students of the Journalism Branch at the Faculty of Philology at the University of Pristina “Hasan Prishtina” as well as in private colleges.
- In 2017, KLI is contributing to working groups for:
- Review of the Rule of Law Sector in Kosovo
- Review of the Criminal Code of the Republic of Kosovo
- Review of the Criminal Procedure Code of the Republic of Kosovo
- Drafting the Draft Law on Disciplinary Responsibility for the Judges and Prosecutors
- Drafting of the Unique Civil Code
- Drafting of the Draft Law on Prevention of Conflict of Interest in the exercise of public function\
- Working Group for consultation with officials of the EU office regarding the European Reform Agenda
- Working Group on analysis of criminal legislation and anti-corruption, Ministry of Justice
- Working Group at the Regional Conference on drafting a political analysis on Institutional Mechanisms in the Fight against Corruption
FUNDING/AUDIT
KLI is a non-governmental and non-profit organization. In order to maintain its independence and impartiality, the KLI aims to secure funds from resources that will not be able to influence the policy of this institute. KLI is an example of preserving the independence of the organization. However it is necessary to continually increase the support of contributors who believe that by supporting KLI will support significant initiatives for increasing the rule of law level in the country. We believe that only in this way we can ensure sustainability and full independence of the institute.
All those persons, who evaluate the work of the KLI and have the opportunity to provide financial support to the institute, such a thing they can do it by contacting:
Web: www.kli-ks.org / E-mail: info@kli-ks.org
Str. Rrustem Statovci, Entry I, Number 1, 10 000 Pristina, Republic of Kosovo
KLI finances are managed by the Finance Manager and the Executive Director, controlled by the Assembly of Members and reported to the Consultative Board. KLI on a regular basis is subject to external financial audit at the end of each fiscal year and audit reports are made public. Your contribution will help the KLI to continue to play a key role in improving the rule of law and citizen access to justice.
Donors
EMPLOYMENT
KLI is an employer, who provides equal opportunities for employment for all without discrimination on grounds of gender, disability, religion, ethnic origin, color, or marital status.
KLI offers other opportunities for those, who are interested to engage with the institute in these programs:
- Associate partner
- Practice, or
- Voluntary work
All interested can present their interest on info@kli-ks.org and employment@kli-ks.org
CONTACTS
Kosovo Law Institute – KLI
Address: Street “Ilaz Agushi“, Number 146.
10 000 Pristina, Republic of Kosovo
E-mail: info@kli-ks.org
Web: www.kli-ks.org