The FINANCIAL -- Despite improvements resulting from judicial reform in Kosovo, a
number of challenges still affect independent functioning of the
justice system, concludes the report by the OSCE Mission in Kosovo
presented, according to OSCE.
The report assessing institutional and functional independence of the judiciary points to a number of shortcomings, including a legacy of strong executive influence, threats against judges and their families, unrestricted access to judges’ offices, as well as court infrastructure and security arrangements which remain poor.
“Many positive steps have been made with the adoption of the new legislation on courts, judges vetting and reappointment process, and the alignment of salaries in the judicial sector with those in legislative and executive branches of the government,” said the Head of the OSCE Mission in Kosovo, Ambassador Werner Almhofer.
“However, further improvements are needed, especially in ensuring safe working environment for judges and prosecutors, free from improper and undue interference notably in politically sensitive and high-profile cases. This is essential to ensure the rule of law, human rights protection, economic stability and security. The courts need to live up to expectations of people and act as an impartial arbiter capable of making fair decisions in accordance with the law.”
The OSCE report also points to institutional shortcomings that derive from legal provisions which are not in line with the internationally recognized standards and affect judicial independence. They include a three-year probation period, which hampers the job security of newly appointed judges and prosecutors, and the failure to meet the requirement of the European Charter on the Statute of Judges, according to which more then a half of the 13 Kosovo Judicial Council members should be elected by judges and prosecutors themselves.
Almhofer added that the OSCE Mission in Kosovo would continue supporting Kosovo institutions in promoting independence and effectiveness of the judicial system.
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