Pristina, May 22, 2025 – Kosovo Law Institute (KLI) welcomes the promulgation of Law No. 08/L-249 of Supplementing and Amending Law No. 06/L-056 on Prosecutorial Council (the new Law).
The publication of the new Law, which has already passed the constitutionality test in the Constitutional Court, marks the beginning of the implementation of the much-needed reform in the Kosovo Prosecutorial Council (KPC), a reform which its primary goal has to eliminate the corporatism within the prosecutorial system, a corporatism that was identified by the Venice Commission. Among others, this law foresees that KPC composition of 13 members, to be reduced in seven members. This reduction will occur gradually, respecting the remaining mandates of current members.
The new Law also provides for a two-year restriction on the promotion of KPC members after the end of their mandate, if such opportunities of promotion in prosecutorial system, were created as a result of the decisions in which they have participated as Council members.
The commitment and dedication of the KPC to implementing the new Law remains of particular importance, through the full respect and application of its newly introduced provisions. KLI calls on and expects the KPC, under no circumstances, to allow the narrow interests of its current members or those who have submitted resignations to override or violate the principles set forth in the new Law, which was adopted by the Assembly of Kosovo and upheld by the Constitutional Court.
The KPC must demonstrate integrity and determination by ensuring that, under no circumstances, certain of its members are replaced through resignation, or promoted or transferred to the Special Prosecution Office of the Republic of Kosovo through expedited procedures.
Until the new Law enters into force, any action contrary to its spirit and purpose may be perceived as an attempt to sabotage the reform of the prosecutorial system and undermine the implementation of the Law by preserving corporatist practices. This Law has already passed the constitutionality test in the Constitutional Court, and there is no legitimate reason to act in contradiction to it.
Without prejudging the KPC’s commitment to implementing the new Law, KLI considers that the resignation of its member, Armend Zenelaj, just a few months before the end of his regular term, raises concerns of a coordinated resignation, which aims to sabotage the reform of the prosecutorial system
Despite the fact that the new Law enters into force in 15 days, Mr. Zenelaj should not be replaced by any new member, so that the number of KPC members can be gradually reduced, as foreseen by the new Law.
During the two-year period, the KPC should not promote Mr. Zenelaj or any other member who resigns, as any resignation submitted 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 in line with the corporatist composition.