Statement by the Kosovo Prosecutorial Council to the Reaction of the Group for Legal and Political Studies
Pristina, 22 August 2019 - Following yesterday's publication of an article in the electronic media by the Group for Legal and Political Studies (GLPS), which was written in reaction to the adoption of the Kosovo Prosecutorial Council Regulation on the appointment of the Chief Prosecutor of the State and Chief Prosecutors of the Prosecution Offices of the Republic of Kosovo, Kosovo Prosecutorial Council (KPC) Issues this Press Release:
The Kosovo Prosecutorial Council confirms that the process of drafting the Regulation on the Appointment of the Chief State Prosecutor and Chief Prosecutors of the prosecutions of the Republic of Kosovo has been inclusive, involving local and international partners supporting the prosecutorial system, providing their professional comments. Therefore the claim of the Group for Legal and Political Studies that this sub-legal act is unconstitutional is not true. This regulation is entirely in constitutional spirit and based on the principles of meritocracy, equality and transparency.
The Prosecutorial Council emphasizes that the selection of the Chief State Prosecutor and Chief Prosecutors of the Prosecutions of Republic of Kosovo is his exclusive competence. In the adopted regulation, the KPC has advanced the way of their selection, since it has determined the process only by the KPC, as five (5) KPC members selected by lot will be on the Evaluation Panel. While the resto of the members will be an integral part of the Review and Replacement Committee of Evaluation Panel members in the case of potential conflict of interest.
As to the other allegation that this regulation is not in the spirit of the judgment in the “Daka” case, the Council deems it unsustainable as an argument, because this judgment treated the voting process by the members of the Council, not the process of the establishment of panels and the development of other procedures until the voting process. The Constitutional Court's judgment in the “Daka” case is fully implemented in this regulation. Thus, the determination of the manner of selection is precisely in the spirit established by the Constitutional Court in the judgment emphasized by the GJPS.
Whereas, in drafting this regulation, the Council has undergone a transparent and cooperative process, with all parties willing to contribute to its drafting and, moreover, the KPC has organized a public hearing to get the necessary comments.
On the other hand, regarding the introduction of the 3% criterion for elimination of candidates, the Prosecutorial Council has approved the determination to vote for the first and second candidate, ranked by the highest number of points in cases when the difference between the candidate. the first and the second is equal to or up to 3%, respecting the principle of equality, as the 3% difference between the first and second candidate does not represent a substantial difference between the candidates. The 3% determination does not constitute any violation of the provisions, since, according to past practice, it has been determined that the Commission has proposed the two most voted candidates being substantially the same, only that it is now intended that the differences between the candidates be as close as possible minimum. This solution does not violate any legal provision and creates the possibility of not eliminating the approximate candidates.
Concerning the handling of conflicts of interest during the process of appointing the Chief State Prosecutor and Chief Prosecutors of the Prosecutions, the Council has fully decided in accordance with the provisions of the Law on Prevention of Conflict of Interest in Exercising Public Function, as it is Conflicts of Interest raise various dilemmas, but the regulation stipulates that, in cases of potential conflict of interest, the KPC should approach the Anti-Corruption Agency, as the authority designated by law, to assess conflict of interest situations.
Eventually, the Council would consider the comments of this group as if they were based on legal provisions, rather than as just assumptions, and therefore the Council will remain committed to working with all local and international partners in the spirit of professionalism and respect of mutual values.