Pristina, 26 June 2024
The EU in Kosovo notes with regret that three Draft Laws which are scheduled for a second reading tomorrow by the Kosovo Assembly, have not taken into account the EU’s comments aimed at improving them and ensuring compliance with European standards and best practices.
Regarding the Draft Law on amending and supplementing the Law on Public Officials, it is concerning that the Assembly Committee on Public Administration, Local Governance, Media and Rural Development did not take on board the extensive and consistent advice the EU has offered throughout the drafting process in order to fully align with merit principles, including a separate EU Commission opinion delivered on the Law on Public Officials in force.
The Assembly Committee has not addressed key concerns regarding this draft law, raised through various EU opinions, especially with regard to the changes the legislation brings to managerial positions and to civil service recruitment, promotion and performance procedures. Such changes, if implemented, risk to undermine the professionalisation and impartiality of the civil service. Particularly, the fact that the draft law also maintains the controversial ‘year zero’ provision which stipulates that, with the entry into force of the Law, the incumbent civil service and public officials in the low and middle-level management positions shall start their first term of service is also concerning as it goes against the Constitutional Court judgment of 2023. This also risks undermining the professionalisation and stability in civil service.
In addition, the current version of the Draft Law on Independent Media Commission does not reflect the majority of the recommendations included in Legal Opinion prepared by the Council of Europe, including on sensitive issues such as the powers and financing of the Independent Media Commission, the election procedures and terms of service for its members, and the proportionality of sanctions. Despite the introduction of some substantial changes in the field of media regulation, the current draft requires further revisions to enhance legal clarity, proportionality, and further compliance with EU and Council of Europe standards.
Regarding the current Draft Law amending and supplementing the Law on the Kosovo Prosecutorial Council, the EU regrets that Kosovo had not asked the Venice Commission for a follow-up opinion despite the fact that the amendments foresee a new institutional set-up for the appointment of the lay members with the inclusion of the Pre-selection Commission. The EU therefore reiterates its strong recommendation to re-consult the Venice Commission on this draft-law. The EU notes further with concern that despite our continuous advice and support provided to the government and the respective Assembly committees, our comments have not been taken into account, including on increasing the pluralism and independence of the Pre-Selection Commission in order to ensure alignment with European standards.
The EU in Kosovo notes that these draft laws are key to Kosovo’s path towards the EU. The assessment of alignment with European standards will also be crucial for the progress evaluation by the EU Commission in the enlargement report. We therefore appeal to the Assembly to reconsider the proposed amendments once again to ensure that these draft-laws meet EU and European standards by addressing our previous comments and recommendations. Ultimately, fair and just laws which align with European and international standards are essential for the rule of law in democratic societies, as well as the well-being and protection of citizens.
Source: Press and information team of the EU Office/EU Special Representative in Kosovo