PRESS RELEASE

         Challenges of the legal sistem in Kosovo

Civil Rights Program- Kosovo (CRP/K), since 1999, when it was established, has worked in active manner in the protection of human rights, providing free legal aid, information and counseling to categories of persons in vulnerable situation. CRP/K, through this legal opinion intends to assess the compatibility of the terminology in Kosovo legislation with international standards in this area and provide its contribution to the advancement of legal texts.

The legal framework of a state is the basis for effective governance. The quality and content of the laws of a country strongly affect the social and economic development. In Kosovo, for various reasons, the preparation and drafting of laws has been conducted hastily, which has resulted in various uncertainties and unclear terms of these laws.

We at CRP/K are aware that there was an understandable rush in the fulfillment of European standards, but, being rushed to make the laws according to those standards, many discrepancies emerge which have evidently affected the practical and effective implementation of the same. 

Parliamentarians come from various fields of professions and not all of them have legal experience or any other experience gained through a form of training. But, on the other hand, they are required to give a meaning to the laws for which they were asked to compile. The increased involvement of various groups, advocacy groups, interested organizations or individuals, but also the obligation to follow certain standards, such as the Ahtisaari’s plan and EU standards, during the preparation and drafting procedure but also during the review in the parliament, implies the fact that these parliamentary commissions have considered the need of the integration of these interests in the form or content of the law.

Indispensably, this approach has influenced the legal system to be loaded with different expressions and terms in different laws, that have not followed continuity. Therefore, it was observed that except the wide audience to whom it is dedicated, the respective approach has also created great space for interpretation by the competent bodies. One such example was seen recently in the Constitution of Kosovo and, more specifically, regarding the position of the President of Kosovo, as well as the interpretation of the Constitutional Court. And, if the highest legal act contains such wording and clarity problems, consequently, the situation as per the lower legal acts and regulations is worse.

For the upcoming period, the challenge of the lawmakers will be to produce laws which not only will help the effective implementation of the goal, but also will allow by themselves to be understood by those to whom are intended. Simplification and improvement of the legal language facilitates the communication between the administration and the public. Initiatives for the improvement of the legal language were undertaken by the governments of all countries in the world and they have proven even more important when the legal texts are produced in more than one language, as is the case with Kosovo.

Also, the lack of commentary texts on relevant laws has caused the judicial review to remain entirely as a matter of interpretation which is usually conducted between the lawyers or judges who debate about the meaning of a word or sentence. Despite all difficulties observed in the functioning of the judicial system and the load of cases, it is less expected that this pillar can meet the created gap in the legal system.

The purpose of this text (analysis) is to affect the way of thinking and the need to lay alternative solution to this problem.

CRP/K strongly recommends a swift start of the debate process on the alternatives that must be pursued by the Kosovo Assembly in this regard for the harmonization of the legal system. One of the possibilities would be to start the process of consolidation (summary of laws), taking into account the purposes of the laws, while another option is the codification (summary of laws with the possibility of changing the content), or as most appropriate solution, for the laws that are now expected to be prepared and drafted, to devise the index of legal terms from which all legal terms which had impacted on their linguistic unification will be drawn.

The development of a legal index is mainly intended to improve the legal security and clarity, to reduce the complexity by creating a better environment for the citizens and businesses. The legal clarity is essential for transparency and investment.

The purpose of drafting of the future laws in a manner which makes it more convenient for the lawmakers to improve, for the government to implement them, for the court to interpret them and finally to all of them who may be affected, the chances that such laws would achieve their goal would be much better.