Pristina, 21 April 2026 \u2013 The Kosovo Law Institute (KLI) reacts to the Government of the Republic of Kosovo\u2019s decision to change the composition of the Bar Examination Commission. The decision is justified by the need to address a high number of complaints identified during the previous Commission\u2019s mandate, which, according to public statements, allegedly affected the credibility of the examination process. <\/p>\n
However, KLI considers this decision to be clearly contrary to the law. The current members of the Bar Examination Commission hold a valid mandate until December of this year, a mandate established through the relevant decisions, which have been revoked by the Government without any legal basis. Law No.08\/L-033 on the Bar Examination does not, in any of its provisions, authorize the Government to alter the composition of this Commission during the term of office of its members. Consequently, terminating the mandate in this manner, based on general and abstract reasoning, constitutes an arbitrary act, undermining the principles of legality and legal certainty. <\/p>\n
The manner in which the composition of the Commission is being changed raises serious concerns regarding interference in its work. These concerns are further reinforced by the fact that the Ministry of Justice, in violation of the law has not announced the examination sessions for the Bar Exam since the April 2025 session. In these circumstances, the change in the Commission\u2019s composition cannot be viewed separately from the way in which this process has been managed by the Ministry of Justice. <\/p>\n
For these reasons, KLI considers this decision to be unlawful and calls on the Assembly of the Republic of Kosovo no tot approve it. The Assembly should not legitimise a decision taken without legal basis and one that undermines the credibility, legal certainty, and independence of this Commission\u2019s functioning.<\/p>\n
On the other hand, serious concerns are also raised regarding the proposed new composition of the Commission. Mr. Arian Gashi has been proposed as Chair of the Commission, who currently serves as the Chair of the Kosovo Prosecutorial Council. Under Article 18(5) of Law No. 06\/-056 on the Kosovo Prosecutorial Council, \u201cThe Chair, Deputy Chair and prosecutorial members of the Council shall not exercise any other paid public or professional function, except teaching in higher education institutions, the Academy of Justice, or cases provided by the law.\u201d<\/p>\n
Furthermore, holding two leadership positions also raises concerns in relation to Law No.06\/L-011 on the Prevention of Conflict of Interest in the Exercise of Public Function. Article 13(2) of this Law stipulates that a senior official may not be a member of more than once governing body of a publicly owned enterprise, a publicly owned joint stock company, or other public institutions, unless explicitly provided otherwise by the law. The same provision also states that such officials are not entitled to remuneration, except for reimbursement of travel and other related expenses. In light of these concerns regarding a potential conflict of interest, KLI considers that it is for Anti-Corruption Agency to assess whether a conflict of interest exists in the present case. <\/p>\n","protected":false},"excerpt":{"rendered":"
Pristina, 21 April 2026 \u2013 The Kosovo Law Institute (KLI) reacts to the Government of the Republic of Kosovo\u2019s decision to change the composition of the Bar Examination Commission. The decision is justified by the need to address a high number of complaints identified during the previous Commission\u2019s mandate, which, according to public statements, allegedly…<\/p>\n","protected":false},"author":12,"featured_media":30988,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[74,178],"tags":[],"class_list":["post-30986","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-activities","category-programi-sundimi-i-ligjit-en"],"yoast_head":"\n