Following the opinion of the Venice Commission, experts in the justice system are demanding that the draft law on the State Bureau for the Verification and Confiscation of Unjustifiable Property be withdrawn by the Assembly of Kosovo and then be subjected to an in-depth review.
Although the Venice Commission considered legitimate the establishment of a civil mechanism for confiscation of unjustifiable property in Kosovo, the Commission finds that this draft law fails to respect even the minimum standards of human rights and the rule of law.
According to Venice, it is essential that regardless of the legitimate purpose of this measure, it must be in accordance with the country’s Constitution and European standards, in particular in the field of human rights and the rule of law.
The Commission also questions the very need to establish a special institution such as the Bureau. Although it is not positioned whether it should be established or not, the Commission raises the question of whether the establishment of the Bureau would make the fight against corruption more efficient or only complicate the current system. While, it also addressed numerous remarks on the standard of proof in the confiscation procedure.
