The Expertise Co-ordination Mechanism (ECM), a unique instrument in the hands of the public stakeholders in the Western Balkans and Türkiye, continues to provide essential legislative expertise and policy advice, as a key support for the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with European standards.

In Kosovo*, at the request of the Minister of Justice, the Venice Commission assessed the Law on Kosovo Judicial Council (and its draft amendments, focussing on its mandate, composition and the election of its members, as well as its structure and working methods). The Venice Commission notes that the judicial system in Kosovo has undergone significant efforts to enhance its functionality and underscores the necessity of ensuring legal certainty and foreseeability by establishing a clear legislative foundation. In this framework Venice Commission provides 8 recommendations for the authorities, inter alia onthe election procedures of KJC members, so the process ensures transparency, independence and performance of elected members. Other recommendations focus on disciplinary procedures against the members of the Council, as well as on its internal structure and decision-making procedures.

Another important opinion of the Venice Commission relates to the draft law on recruitment, performance evaluation, integrity control, and status of judges and prosecutors, and the draft law amending the Law on the disciplinary liability of judges and prosecutors. The Venice Commission finds that the draft laws overall represent steps in the right direction towards establishing a viable, efficient and European standards-compliant system of recruitment, evaluation, integrity control and status of judges and prosecutors, as well as fair and efficient disciplinary liability proceedings. At the same time, the Commission makes a number of recommendations given the need to further amend a number of provisions to enhance their clarity, coherence and alignment with European standards. In particular, the Venice Commission recommended, among others, to introduce effective judicial remedies against decisions concerning recruitment, appointments, performance evaluation, integrity checks and compulsory transfers, to specify the modalities of dismissals, to limit the integrity control to the review of asset declarations, to clarify the grounds for compulsory transfer,  to categorise disciplinary offences according to their gravity, to specify the responsibility for initiating disciplinary proceedings and to provide explicitly that the burden of proof in the context of disciplinary proceedings rests on the authorities that initiate and carry out the relevant proceedings.

Concerning the opinion on the draft amendments to the Law on the Academy of Justice upon the request of the Minister of Justice, the Venice Commission acknowledges the authorities' efforts to enhance the status and competences of the Academy of Justice, which constitutes an important element of the ongoing justice reform. In its response, it provides 7 key recommendations related to the appointment and removal of members of the Academy bodies, autonomy of the Academy, and training capacities. 

The Expertise Co-ordination Mechanism is part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”, implemented by the Council of Europe.

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence