The Kosovo Democratic Institute (KDI) has sent a letter to all MPs of the Assembly of Kosovo with its positions and recommendations regarding the Draft Law on the State Bureau for the Verification and Confiscation of Unjustified Assets.
At a press conference, KDI’s Vullnet Bugaqku said that this draft law should undergo public consultation and be in line with constitutional and European standards.
“As an organization, today we sent a letter to the MPs of the Assembly of Kosovo, presenting KDI’s positions regarding the Draft Law on the Bureau for the Confiscation of Unjustified Assets. Through this letter, we have requested that MPs take into account the assessment of the Constitutional Court and the opinions of the Venice Commission when further reviewing this law in the Assembly of Kosovo. We have initially assessed as important the need for reforms aimed at strengthening the fight against corruption in Kosovo and the confiscation of unjustified assets as a new mechanism to be implemented in the Republic of Kosovo,” he said.
He stated that the draft law approved by the government did not undergo public consultation, as required by legal procedures. Therefore, he called for EU standards and the principle of transparency to be respected between the two readings of the draft law.
Bugaqku said that the draft law should be improved in at least two elements.
“We believe that the law should at least be improved or harmonized in two elements. First, within Article 2, paragraph 2, where the time period for initiating and implementing this draft law is defined, it should not be longer than 10 years, as required by the Constitutional Court. Currently, the draft law includes a retroactive period stating that unjustified assets can be verified from February 17, 2008 onward, and we believe that such a timeframe contradicts the requirements of the Constitutional Court, which has required institutions to guarantee by law the verification period of assets, but not longer than 10 years,” he said.
Bugaqku also said that the issue of competencies for issuing secondary legislation should be addressed.
“We have requested that this law clearly specify the criteria for applying retroactivity and avoid arbitrary and broad interpretations during implementation. The second issue we raised is that MPs, when reviewing this draft law, should examine the fact that one provision allows the Bureau to issue secondary legislation to carry out procedures for verification, investigation, and confiscation of unjustified assets. We believe that such procedures should be regulated only by law, and under no circumstances should the Bureau have the authority or competence to define criteria, modalities, and procedures through by-laws such as regulations or administrative instructions,” he stated.
Last week, the Government of Kosovo approved the Draft Law on the State Bureau for the Verification and Confiscation of Unjustified Assets.
