Venice Commission Publishes Opinions on Justice Reform Bills in Kosovo

The Venice Commission has published its opinions on several draft laws stemming from Kosovo’s justice reform process. These include the Law on the Justice Academy, legislation on recruitment, performance evaluation, integrity control, promotion and status of judges and prosecutors, amendments to the disciplinary liability law, and the Law on the Kosovo Judicial Council (KJC). The opinions were provided at the request of the Minister of Justice.

One of the key recommendations regarding the Law on the Justice Academy is to ensure its independence by removing the Minister of Justice from the Governing Board and expanding judicial and prosecutorial representation. Additionally, the law should clarify procedures for completing initial training, evaluation criteria, testing, consequences of failure, and appeal mechanisms.

Regarding the draft law on recruitment, performance evaluation, integrity control, and promotion of judges and prosecutors, the Commission emphasized prioritizing qualitative over quantitative assessment criteria, aligning with Council of Europe standards. It recommended removing the automatic dismissal of judges and prosecutors following two consecutive poor performance evaluations. The Commission also called for defining terms such as “continuous failure” and ensuring effective legal remedies for recruitment and appointment decisions.

For the disciplinary liability of judges and prosecutors, the Commission stressed the need for clearer categorization of disciplinary offenses and proportional sanctions. It criticized provisions allowing temporary suspension based on “reliable information,” deeming the term vague and legally uncertain.

In its opinion on the Law on the Kosovo Judicial Council (KJC), the Commission welcomed transparency improvements but recommended changes in composition and procedures. It suggested that six members appointed by the Assembly should be non-judges, with three representing lawyers, prosecutors, notaries, academics, or civil society. A gender balance mechanism should also be legally mandated. Additionally, the Commission urged clearer regulations on disciplinary procedures, the powers of the Inspection and Verification Unit, and criteria for its members.

The leadership of the KJC should ideally rotate between judge and non-judge members, and major decisions should require a qualified majority. In case of a tie, the chairperson should have a deciding vote to avoid deadlocks.

The Venice Commission encouraged the full implementation of its recommendations to ensure a more transparent, independent, and functional judiciary. In response, the Kosovo Judicial Council (KJC) stated on March 19 that it welcomes the opinions and is committed to considering the proposed improvements.