Provisions of the Law on Courts which came into force on January 1, 2013 define the new court structure and their hierarchy in Kosovo. 03/L-199 in Courts. The registration of old criminal, civil, administrative and economic cases in the CMIS on the Basic Courts in Prishtina was completed on 12 December 2019. The Kosovo Judicial Council is composed of thirteen (13) members, all with professional qualifications and expertise. The Kosovo Judicial Council is the highest oversight body of the Kosovo Judicial System and an independent institution, and its main responsibility is the administration of the entire Judicial System. Since then, USAID has worked alongside the citizens of Kosovo to help strengthen the country’s justice system. The District Court based in northern Mitrovica is staffed only with 6 international judges and 2 international prosecutors from EULEX. Effective rule of law was and will remain critical for Kosovo to develop political, economic and social stability and security. This page was last edited on 2 August 2020, at 15:03. This oversight body aims to ensure the independence and impartiality of the judicial system, and the administration of justice in the Republic of Kosovo. The structure of prosecution offices is established according to the Law on State Prosecutor, parts of which entered into force on January 1, 2013, in compatibility with the new Law on Courts. The Supreme Court includes the Appeals Panel of the Kosovo Property Agency and the Special Chamber of the Supreme Court, the judges of which are part of the Supreme. USAID’s Justice System Strengthening Program (JSSP) works to advance the rule of law in Kosovo and ensure it takes root. A reform of existing institutions cannot be undertaken without simultaneously taking into consideration the ‘past purposes’ and the ‘current challenges’ of such institutions. Its territorial competency covers the entire territory of Kosovo. On 15 December 2000, UNMIK Regulation 2000/64 was issued allowing for the assignment of international judges, prosecutors, or so called "Regulation 64 Panels", for particular cases. According to the 2008 Constitution of Kosovo, the judicial system is composed of the Supreme Court and subordinate courts, a Constitutional Court, and an independent prosecutorial institution. At least fifteen percent (15%) of the judges of the Supreme Court, but not fewer than three (3) judges, shall be from communities that are not in the majority in Kosovo. Kosovo Prosecutorial Council in its capacity of an independent institution leads and oversees the smooth fulfillment of the reform goals. However, with time passing, the original purposes and policies tend to be overshadowed by new problems and challenges to be addressed by organizations, which were designed in a different historical context. Guidelines in Kosovo (hereinafter: the Guidelines) by the Supreme Court of the Republic of Kosovo. According to the 2008 Constitution of Kosovo, the judicial system is composed of the Supreme Court and subordinate courts, a Constitutional Court, and an independent prosecutorial institution. Questions related to independence of judicial and prosecution system in Kosovo The issue of independence of Kosovo justice system represents an The Constitutional Court of Kosovo Prosecutorial System of Kosovo Academy of Justice Official Gazette Assembly of Kosovo The Prime Minister Office Ombudsperson Institution European Court … Sistemi i menaxhimit të burimeve njerzore, Requests for access to official documents. Organization and Jurisdiction of Courts –The Supreme Court of Kosovo is the highest judicial authority. KJSP provides technical assistance and training to the Kosovo justice system through six component tasks: (1) Improve the Capacity of the Kosovo Judicial Council to Operate Effectively and Efficiently an Independent Judiciary (2) Improve Court Administration (3) Improve Professionalism and Ethics of Judges and Court Staff Organization, functioning and jurisdiction of the Supreme Court and other courts are regulated by law. Kosovo's Constitution foresees the responsibilities of Kosovo Prosecutorial Council, under Article 110. To fulfill this goal Kosovo Judicial Council is responsible for selecting and proposing judges for appointment, as well as for elaborating policies for the overall management and reform of the judicial system. specifically the communist system.1 Unresolved status in Kosovo, held hostage judicial reforms2 which were much needed, hence the system was dependent and under the authority of PSSP , who could intervene at any case. civil law system; note - the European Union Rule of Law Mission (EULEX) retained limited executive powers within the Kosovo judiciary for complex cases from 2008 to 2018 Definition: This entry provides the description of a country's legal system. Kosovo Judicial Council is the institution, which evaluates disciplines and promotes the sitting judges and lay judges. This diverse composition allows for different input to the discussions and development of the overall strategy for the State Prosecution in Kosovo. courts, whereas judges, while exercising their function must be independent and unbiased55. The Specialist Chambers are attached to each level of the court system in Kosovo – Basic Court, Court of Appeals, Supreme Court and Constitutional Court. The Supreme Court is the highest judicial authority in Kosovo and shall have territorial jurisdiction over the entirety of the Republic of Kosovo. Cases are handled by prosecutors of the Republic of Kosovo and EULEX prosecutors.[20]. Afërdita Bytyqi is the first woman to become court president of the Basic Court of Pristina, the largest court in Kosovo. The new structure not only changes the old court organization, but it also establishes new courts which are now located in both, larger and small municipalities. The organisation of this court is as follows: This court is competent to review: all appeals from decisions of the Basic Courts; to decide at third instance, upon the appeal that is permitted by Law and for the conflict of jurisdiction between basic courts; conflicts of jurisdiction between Basic Courts; and other cases as provided by Law. The Council is chaired by Enver Peci. The Balkan state of Kosovo is a region of the former Yugoslavia. BIRN Kosovo In close cooperation with JSSP, BIRN Kosovo and Levizja FOL aim to improve efficiency, transparency, and accountability at all levels of the judicial system. Kosovo Judicial Council - The Kosovo Judicial Council ensures independence and impartiality of the judicial system. [12], The Basic Courts are the courts of first instance in the Republic of Kosovo. [19], Acts for the Serious Crimes Department of the Basic Court in Pristina, and handles cases of commission of terrorism, facilitation of the commission of terrorism, war crimes, employment of prohibited means of methods of warfare, and other matters as foreseen by the law on Law on Special Prosecution Office of the Republic of Kosovo. justice system under the Joint Interim Administrative Structure (January 2000 to May 2001), the justice system under the Constitutional Framework for Self-Government in Kosovo (May 2001 to February 2008), and the justice system under the Constitution of the Republic of Kosovo (February 2008 to present). 2. [8] The Supreme Court competencies include: requests for extraordinary legal appeals against final decisions of the courts of Republic of Kosovo, as provided by Law; revision against second instance decisions of the courts on contested issues, as provided by Law; defines principled attitudes and legal remedies for issues that have importance for unique application of Laws by the courts in the territory of Kosovo; Kosovo Property Agency cases as defined by Law; in its Special Chamber, Privatization Agency of Kosovo or Kosovo Trust Agency cases as provided by Law; and other matters as provided by Law. [16], The Serious Crimes Department of the Basic Court shall adjudicate the following criminal offenses as provided in the Criminal Code of Kosovo: commission of terrorism; criminal offenses against international Law; endangering civil aviation safety; establishing slavery, slavery-like conditions and forced labor; smuggling of immigrants; trafficking in persons; organized crime, including intimidation during criminal proceedings for organized crime; criminal offenses against official duty; and any other crime punishable by ten (10) years or more as provided by Law. The courts are administered by the Kosovo Judicial Council. Specialized Courts may be established by law when necessary, but no extraordinary courts may ever be created. Building or prior reform efforts, the program is helping to develop a judicial system that adheres to high standards of efficiency, accountability, and professionalism. Despite progress, the justice system in Kosovo remains weak, with inadequate security for judges, court staff, prosecutors, and plaintiffs. Organization and Jurisdiction of Courts –The Supreme Court of Kosovo is the highest judicial authority. In meantime, Kosovo was faced with many challenges , 3 which “have put the judiciary in a state of constant reform.” They will function according to relevant Kosovo laws as well as customary international law and international human rights law. [1][2] On 6 July 2003, UNMIK Regulation 2003/25 and 2003/26 were issued, enacting the Provisional Criminal Code and Provisional Criminal Procedure Code, replacing the Yugoslav Federal Criminal Code still in effect. Members are elected for a term of five (5) years. Shortly t… The weakness of the system is above all visible in the north of Kosovo. After declaring independence in 2008, Kosovo became Europe’s youngest country. On January 1, 2013, a new Law on Courts (No. [11] The courts are administered by the Kosovo Judicial Council. Kosovo’s justice institutions must find models, possibilities, strength and the right path to establish the Special Court on War Crimes and Post War Crimes in Kosovo. This will be achieved through various activities, including montioring of courts, publishing of inforgrapics, articles, and reports on the courts’ performance, as well as organizing roundtables, TV shows, and designing PSAs. Justice System. This period is sub-divided into four major periods, i.e. [15], The Administrative Matters Department of the Basic Court adjudicate and decide on administrative conflicts according to complaints against final administrative acts and other issues defined by Law. The European Commission for But, as explained below, with the new law in force, the system of the Courts and Prosecution Offices had started to change. USAID, through the Justice System Strengthening Program assists the Kosovo Judicial Council (KJC) and Kosovo’s courts in consolidating gains in efficiency and management at the court level. [3][4][5] On March 13, 2008, the Assembly passed Law 2008/03-L053, the Law on Jurisdiction, Case Selection and Case Allocation of EULEX Judges and Prosecutors in Kosovo, as well as Law 2008/03-L052, the Law on Special Prosecution Office of the Republic of Kosovo. Key to ensuring effective rule of law is a functioning justice system. The Court of Appeals is also located in Prishtina. The report also details the backlog of cases as another shortcoming in Kosovo's municipal court system, which hampers the ability to make judicial decisions in reasonable time. This report principally addresses the issue of the efficiency of the judicial system in Kosovo and focuses on elements such as the resources allocated to the judicial sector, the organisation of the judicial system and the workload of courts - incoming and resolved cases by the courts. The Kosovo Judicial Council is a fully independent institution in the exercise of its functions. The Kosovo Prosecutorial Council (KPC) is an independent institution and serves as the oversight body of the Prosecutorial System in the Republic of Kosovo. The President of the Republic of Kosovo appoints, reappoints and dismisses judges, upon the proposal of Kosovo Judicial Council. Organization, functioning and jurisdiction of the Supreme Court and other courts are regulated by law. One of the newly-created nation's problems was the weakness of its institutions, such as the court system… The reappointment mandate is permanent until the retirement age as provided by law, unless removed in accordance with law. In 1999, UNMIK was deployed to provide an interim administration of Kosovo through the present times and now when the justice system operates under the authority of the Constitution of the Republic of Kosovo. In March 1989, following the rise to power of Slobodan Milošević, Kosovo's autonomy was reverted to pre-1974 status enabling Serbia's federal authorities to assume full control over the territory. These are located in 7 largest municipalities in Kosovo: Pristina, Gjilan/Gnjilane, Prizren, Gjakovë/Djakovica, Pejë/Peč, Ferizaj/Uroševac and Mitrovicë/Mitrovica. The court system in the Republic of Kosovo includes seven Basic Courts and their Branch Courts, the Court of Appeals and the Supreme Court. Courts shall … Before USAID’s Justice System Strengthening program (JSSP), courts in Kosovo accepted cases without doing a basic validity check to ensure that all core documents were included before filing. Furthermore, the Kosovo Prosecutorial Council develops policies to effectively combat crime, produce statistics and report to the Assembly about the work of the State Prosecutor. The truth is that the Special Court is being established by Dick Marty’s report and prime minister Thaci is a key player on this one. But, how much is this power independent from two other powers, respectively from the legislative and executive. The Court of Appeals is established as the second instance court with territorial jurisdiction throughout the Republic of Kosovo. Under the 1974 constitution of the Socialist Federal Republic of Yugoslavia (SFRY), Kosovo was an “autonomous province” within the SFRY and, as such, enjoyed substantial rights. Article 102 [General Principles of the Judicial System] 1. The project had planned to register all cases within these courts during 2019 and their total number was 40,927. The Appellate Prosecution Office consists of the following departments: The Appellate Prosecution Office has competency over the entire territory of the republic of Kosovo.[21]. Judicial power in the Republic of Kosovo is exercised by the courts. 2010-199) came into force. According to the law on the Kosovo Prosecutorial Council, the overall purpose is to ensure an independent, professional and impartial prosecution system, reflecting the multiethnic nature of Kosovo as well as the internationally recognized principles of gender equality. Kosovo's Constitution foresees the responsibilities of Kosovo Judicial Council, under Article 108. The survey recommends urgently addressing these needs in order to help the local judiciary to foster a culture of respect for the rule of law in its administration of justice. These basic courts are located in 7 largest municipalities in Kosovo: Pristina, Gjilan/Gnjilane, Prizren, Gjakovë/Djakovica, Pejë/Peć, Ferizaj/Uroševac and Mitrovicë/Mitrovica. According to the new law, the Kosovo court system will consist of the basic courts (courts of first instance), the Court of Appeals (second instance court, seated in Prishtina) and the Supreme Court (seated in Prishtina). ... initiated a working group for a potential vetting process to weed out corrupt judges and prosecutors in the Kosovo judicial system. The Council shall give preference in the appointment of judges, to members of communities that are underrepresented in the manner provided by law. Under this law there was a regular system of courts consisting of the Municipal Court, District Court, the Court for Minor Offences, the High Court for Minor Offences and the Supreme Court. Presidents of all other courts are appointed in the manner provided by law. In February 2008, it declared independence from Serbia, a decade after the Kosovo War of 1998-99. Department for Commercial Matters operating in the Basic Court of Pristina for the entire territory of the Republic of Kosovo; Department for Administrative Cases operating in the Basic Court of Pristina for the entire territory of the Republic of Kosovo; Department for Serious Crimes operating at the principal seat of each Basic Court; General Department operating in each Basic Court and in each branch of the Basic Court. The Kosovo Specialist Chambers and Specialist Prosecutor’s Office were established pursuant to an international agreement ratified by the Kosovo Assembly, a Constitutional Amendment and the Law on Kosovo Specialist Chambers and Specialist Prosecutor’s Office. This is the sole responsibility of the Chief State Prosecutor, who represents the highest prosecution instance in Kosovo. New courts shall be established according to law. 3. Any form of political, administrative and judicial organization reflects the problems and challenges of its time, which it attempts to address by certain organizational forms. The initial mandate for judges is three years. 2008/03-L053 Law on Jurisdiction, Case Selection and Case Allocation of EULEX Judges and Prosecutors in Kosovo, 2008/03-L052 Law on Special Prosecution Office of the Republic of Kosovo, Autonomous Province of Kosovo and Metohija, UN Interim Administration Mission (UNMIK), https://en.wikipedia.org/w/index.php?title=Judiciary_of_Kosovo&oldid=970809709, Creative Commons Attribution-ShareAlike License. In order to properly understand existing judicial institutions and bodies, it is important to understand the historical context which shaped their formation and structure. The Basic Court adjudicates all types of cases in the first instance, meaning it is the first court where you begin your legal proceedings. To fulfill this goal the Kosovo Prosecutorial Council is responsible for recruiting and proposing for appointment, training, evaluating, disciplining, transferring, dismissing and promoting prosecutors and for administrating the prosecution offices all over Kosovo. According to the report, which was presented at a roundtable in Prishtina on Wednesday, the public said that the institutions which are influenced most by politics are the courts (77.4 per cent), the prosecution (67.9 per cent), the police (41.7 per cent), and the European Rule of Law Mission in Kosovo… The Special Court as it is referred to in Kosovo is temporary and although it is a part of the judiciary in Kosovo, […] The Department for Commercial Matters, which will operate in the Basic Court of Prishtina and cover the entire territory of Kosovo, will have the competence to adjudicate industrial property infringement cases, among others. The Kosovo Prosecutorial Council is chaired by the Chief State Prosecutor, Ismet Kabashi. Justice System. Moreover, the Kosovo Prosecutorial Council ensures that its system of by-laws and regulations contemplates every important aspect of its operations so that it provides correct guidance to the institution and its employees during the discharge of their responsibilities. After the Constitution was enacted, another Court was added to the judicial system: Constitutional Court. Furthermore, the Kosovo Judicial Council is responsible for the overall management and administration of all courts, for the elaboration and the implementation of the budget of the judiciary and for the establishment of new courts and court branches. Full integration of the judicial system in Northern Kosovo still remains pending. In addition to its principal seat, each Basic Court shall maintain branches of the court as provided in the Law. The judicial power is unique, independent, fair, apolitical and impartial and ensures equal access to the courts. The Kosovo Prosecutorial Council is composed of members both from the prosecution offices (prosecutors) and from other professional background, such as Civil Society, Law Faculty, Lawyers and the Minister of Justice as an ex officio member. The President of the Supreme Court of Kosovo is appointed and dismissed by the President of Kosovo, from among the judges of the Supreme Court for a non-renewable term of seven (7) years, upon proposal by the Kosovo Judicial Council for his/her appointment or dismissal. The Kosovo Judicial Council (KJC) is the highest oversight body of the Kosovo Judicial System and an independent institution, and its main responsibility is the administration of the entire Judicial System. The Judiciary of Kosovo is the collection of the central Kosovo institutions that exercises judicial authority in Kosovo. The European Union and the Council of Europe action in Kosovo is assisting local judiciary authorities to increase the efficiency and the quality of the justice system. Kosovo’s seven Basic Courts. At least fifteen percent (15%) of judges from any other court established with appeal jurisdiction, but not fewer than two (2) judges, shall be from communities that are not in the majority in Kosovo. Accordingly, we have collected and analyzed insights from lawyers, regarded as the most frequent users of court services, about their experiences with access to court information, efficiency in processing cases, and the nature and prevalence of corruption in the Basic Courts. the establishment of an emergency justice system by UNMIK (June to December 1999), the justice system under the Joint Interim Administrative Structure (January 2000 to May 2001), the justice system under the Constitutional Framework for Self-Government in Kosovo (May 2001 to February 2008), and the justice system under the Constitution of the Republic of Kosovo (February 2008 to present). The basic prosecution offices act for each respective basic court in Kosovo, and handle all criminal cases in the first instance through the following departments: Any case falling within the jurisdiction of each respective department of the Basic Court is assigned to prosecutors within the departments of the Basic Prosecution Offices.[22]. Among other competencies, these courts are also competent to give international legal support and to decide for acceptance of decisions of foreign courts. The aim of this structure is to bring more efficiency courts, and bring judges and court-houses more closer to the citizens of Kosovo. The Judiciary of Kosovo is the collection of the central Kosovo[a] institutions that exercises judicial authority in Kosovo. Department for Juveniles, operating within the Basic Courts. The Kosovo Judicial Council is responsible for recruiting and proposing candidates for appointment and reappointment to judicial positions, conducting judicial inspections, judicial administration, developing court rules in accordance with the law, hiring and supervising court administrators, developing and overseeing the budget of the judiciary, determining the number of judges in each jurisdiction and making recommendations for the establishment of new courts. Kosovo’s Courts Struggle to Hold Corrupt Officials to Account. This led to many cases being stuck in courts for years, only to be returned later for lack of documents or payment of the court fee, causing significant delays in access to justice for Kosovo’s citizens. Kosovo Judicial Council is composed of thirteen (13) members, both judges and lay members. [9] Until 2010, when the Law on Courts was approved by the Parliament of the Republic of Kosovo, the 1978 Law on Courts was in force. The overall purpose of Kosovo Judicial Council, as mandated by the applicable legal framework is to ensure an independent, fair, apolitical, accessible, professional and impartial judicial system, which reflects the multi-ethnic nature of Kosovo as well as the internationally recognized principles of human rights and gender equality. The law establishing the Kosovo Specialist Court mandates it to investigate and prosecute only those war crimes and crimes against humanity identified in the Marty report—all other cases of crimes against the civilian population that occurred in the aftermath of the 1998-99 conflict will be dealt with exclusively by the Kosovo judiciary and EULEX. Acts for the Court of Appeals, and handles in the second instance all criminal matters prosecuted and decided in the first instance by the basic level: all appeals for matters decided by basic courts, conflicts of jurisdiction and other cases provided by law. The Kosovo Specialist Chambers & Specialist Prosecutor’s Office for Kosovo in The Hague were established at the persistence of the international community with the relevant constitutional changes by the Assembly of Kosovo. The Supreme Court issued these Guidelines based on Articles 22 and 23 of Law no. [5][6][7] These laws recognize the authority of EULEX judges, prosecutors, and courts to work in tandem with their Kosovan counterparts, which are governed by the Assembly of the EULEX Judges and an Assembly of the EULEX Prosecutors, respectively. From January 1, 2013 the new structure of prosecution offices in Kosovo will reflect the goal of the general justice reform in Kosovo towards more efficient, modern and professional approach to prosecution services, and better access to justice for all people. This is accomplished by facilitating by building the capacity of the KJC, its committees, and the Secretariat and institutionalizing tools for effectove court and actove case management. 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