Pristina, May 22, 2025 – The Kosovo Law Institute (KLI) welcomes the promulgation of Law No. 08/L-249 on Amending and Supplementing Law No. 06/L-056 on the Prosecutorial Council (the “New Law”).
The publication of the New Law, which has already passed the constitutional review by the Constitutional Court, marks the beginning of the implementation of a long-overdue reform in the Kosovo Prosecutorial Council (KPC). The primary objective of this reform is to eliminate corporatism within the prosecutorial system—a corporatism previously identified by the Venice Commission. Among other provisions, the law reduces the composition of the KPC from its current 13 members to seven members. This reduction will be carried out gradually, respecting the remaining mandates of current members.
Additionally, the New Law prohibits KPC members from advancing within the prosecutorial system for a period of two years after the end of their term if such advancement results from decisions in which they participated as Council members.
KLI stresses that the commitment of the KPC to implement the New Law is of particular importance, ensuring respect for and adherence to its new provisions. KLI expects the KPC under no circumstances to allow narrow personal interests of current or outgoing members to undermine the principles established in the New Law, which has been adopted by the Assembly of Kosovo and passed the Constitutional Court’s review.
The Kosovo Prosecutorial Council must demonstrate integrity and determination, ensuring that no member, through resignation or otherwise, is replaced by a new member or advanced/transferred to the Special Prosecution of the Republic of Kosovo through expedited procedures.
Until the New Law enters into force, any action contrary to its form and purpose could be perceived as an attempt to sabotage prosecutorial reform and to preserve corporatist practices within the Council. The Law has already passed constitutional review, and there is no legitimate reason to act contrary to it.
Without prejudging the KPC’s commitment to implementing the New Law, KLI notes that the resignation of its member Armend Zenelaj, just months before the end of his regular term, raises concerns about a potentially coordinated resignation aimed at undermining prosecutorial reform.
Although the New Law will enter into force in 15 days, Mr. Zenelaj should not be replaced by a new member, so that the number of KPC members is gradually reduced as foreseen by the New Law.
During this two-year period, the KPC must not advance Mr. Zenelaj or any other resigning member, as any resignations during this phase prior to the entry into force of the New Law could be perceived as an attempt by the KPC to extend mandates under the old corporatist structure.