CSO: The Ministry of Justice does not have legitimacy to push forward the process of public vacancy announcement for notaries, the process to be returned to point zero

CSO: The Ministry of Justice does not have legitimacy to push forward the process of public vacancy announcement for notaries, the process to be returned to point zero

CSO: The Ministry of Justice does not have legitimacy to push forward the process of public vacancy announcement for notaries, the process to be returned to point zero

Pristina, 16 August 2019 – We – Civil society organisations (CSO) – react against the continuation of the process for the selection of Notaries, according to the public announcement published by the Ministry of Justice (MoJ).

We appreciate the importance of concluding the process of selecting and appointing new notaries throughout the Republic of Kosovo, towards improving access to justice for Kosovo citizens, but consider that this process cannot pushed forward due to the new circumstances created with the resignation of the Prime Minister and compromising of this public process.

As CSO we remind MoJ that from 19 July 2019, the current government is outgoing – after the resignation of Prime Minister Haradinaj – and the rule of law basic principles and good governance defines that outgoing governments have no legitimacy to make decisions on leading important processes, as is the case with the selection process of new notaries.

It is also unacceptable to continue this process at a time when a decision on the dissolution of the assembly is expected next week. In this case, the rush of this ministry to finalise this process with contested integrity in the eyes of the public and candidates who have not passed is unacceptable. Moreover, this final stage of the process is being followed by a lack of transparency which as a result loses the legitimacy of the process as a whole.

Reminder that regarding the exam for notaries there has been wide public debate with mutual accusations regarding the manner in which the process and selection of successful candidates was lead, we the CSO consider that this process is compromised in public and as such cannot continue any further and must be returned to point zero.  For this reason we call upon the State Prosecutor that investigation regarding this process to be developed in an independent, impartial and efficient manner.  Compromises in public of the notary process and the lack of legitimacy of the outgoing Government to render decisions in general interest, undermines public trust in this process of the selection of new notaries, whom will serve its citizens, while the public trust and integrity of this process does not exist.

In this regard, as civil society organizations that monitor and make a continuous contribution to raising standards of good governance and the rule of law, we invite the Ministry of Justice to reflect on the situation created and to review the decision on the public announcement of notaries, by returning it to point zero to continue with a government that has legitimacy.

Civil society organisations

Kosovo Law Institute (KLI)

Columbus Institute

Group for Legal and Political Studies (GLPS)

Initiative for Progress (INPO)

Movement FOL

EPIK Institute