KLI: Outgoing Government has no legitimacy to lead the process of election of notaries

KLI: Outgoing Government has no legitimacy to lead the process of election of notaries

KLI: Outgoing Government has no legitimacy to lead the process of election of notaries

Pristina, July 23 2019 – Kosovo Law Institute (KLI) reacts against the announcement of vacancy for election Notaries announced today by the Ministry of Justice (MoJ).

KLI understands the importance of closing the selection process and appointing new notaries throughout the territory of the Republic of Kosovo, to improve access to justice for the citizens of Kosovo.

However, based on the fact that from July 19 2019, the current, outgoing government  – after the resignation of the Prime minister Haradinaj – basic principles of the rule of law and good governance, require that Governments, including line ministries, have no legitimacy to take decisions for leading important processes, as is the concrete case with the selection process of new notaries.

When the fact is added, that about the notary examination is conducted a wide public debate with mutual accusations about the way of leading this process and the selection of successful candidates, the KLI estimates that as such, this process is compromised in public.

Compromise in public of the notary process and lack of legitimacy of the outgoing Government to take decisions in general interest, undermine public confidence in this process of election of new notaries.

KLI invites the Ministry of Justice to reflect on the situation created and to re-view   decision for announcement of this vacancy, which is necessary but not at this stage when Kosovo is led by the outgoing Government.

This principle should be valid also for the Office of the Prime Minister and other line ministries, which during the time when Kosovo is led by the outgoing government, should not take decisions for which they have no legitimacy but be based only on the exercise of the duties and responsibilities necessary to hold functional the state administration, that enter within their scope of activity.