Clarification from the Kosovo Prosecutorial Council
Prishtinë, 15 April 2021 - Kosovo Prosecutorial Council (KPC) explains that in the show "Betimi per Drejtesi", dated 10.04.2021, with the topic " Legality of benefits to members of the Judicial and Prosecutorial Council”, issues have been raised which are legally unfounded and do not represent the truth about the factual situation.
Therefore, through this clarification we inform the public that all members of the Kosovo Prosecutorial Council and the prosecutors apostrophized in the above show have been compensated based on the laws and other acts as follows;
According to Law no. 06 / L-056 for the Kosovo Prosecutorial Council, specifically article 18 point 2 of this law provides that; “Part-time Council members are entitled to compensation for their work as Council members. The council will approve the compensation scheme, respectively the salary for part-time members”.
Also, in Law no. 03 / l-225 on the State Prosecutor, Article 21 paragraph 1 subparagraph 1.9 provides that; “In addition to their basic salary, each prosecutor enjoys the right to additional compensation for other services as specified by law or rules issued by the Kosovo Prosecutorial Council”.
Meanwhile, in Decision KPC / No. 308/2018 dated 26 July 2018, respectively in point II of this decision is provided:
“Members of the Kosovo Prosecutorial Council will be compensated in the amount of 262.75 euros, for their monthly activities in the Kosovo Prosecutorial Council, including permanent committees and other supporting bodies of the Kosovo Prosecutorial Council”.
Furthermore, the finding does not stand that prosecutors have exceeded 25% of the basic salary for their engagements in professional activities, because for these engagements prosecutors have been compensated according to the legislation in force.
Also, according to the legislation in force, the engagement of prosecutors in institutions which are obliged by law to perform certain tasks is not considered engagement in professional activities. For these activities, which are carried out according to the law, compensation is provided, and in some cases even the value of compensation (example Academy of Justice).
In this regard, based on the above legislation, it is clear that the members of the Kosovo Prosecutorial Council and State Prosecutors have been compensated in full compliance with applicable law.
Whereas, regarding Law no. 06 / L-011 on the prevention of conflict of interest in the exercise of public office, on which the show "Betimi per Drejtesi" is based, we consider that we are dealing with a collision of laws, that this Law in any of its provisions has not abrogated the provisions of laws and regulations that provide for compensation and allowances for KPC members and State Prosecutors for their activities carried out inside and outside the prosecutorial system. The elimination of the collision can be decided by the legislator and by no means the KPC and the State Prosecutor.
Therefore, the Kosovo Prosecutorial Council and the institution of the State Prosecutor through this clarification announces that all allowances and compensations have been taken in accordance with applicable law and no additions have been taken illegally.
We inform the author of the show and the general public that KPC and the State Prosecutor will act according to the laws as long as they are in force.
