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07 09 2010 Life in Kosovo broadcast a debate on the management of courts in Kosovo, in light of the release of a manual prescribing how they should be run.
Among the questions discussed in the debate were: What challenges are faced by courts? What is contained in the new court manual? When will the manual come into force? Are there any budgetary implications? Are the changes in the manual in harmony with the new draft law on courts that will enter into force in 2011?
In order to discuss these and other issues related to the management of courts, the following guests joined host Fation Ademi in the studio:
Enver Peci – head of the Judicial Council of Kosovo
Murat Paqarada – administrator at Prishtina economic court
Avdi Haxhaj – head of Drenas municipal court
Ismail Haziri – administrator at Vushtrri municipal court
The debate started with Mr. Peci being asked when the new manuals will be implemented, and what it is intended to accomplish. He replied that the manual was approved by the Judicial Council last month, with the aim of clarifying the duties of court staff, such as court heads and the administrator that have had unclear competencies.
“The manual will allow the head of the court to deal with professional work, and the
administrator to do administrative jobs,” Mr. Peci said.
Asked who had created the manual, Mr. Luci said that, though the project was initiated by the International Center on Nonviolent Conflict, the main work was done by Kosovo citizens.
Mr. Paqarada, when asked how courts functioned prior to the release of this manual, said that the previous regulations for court processes were outdated; for example, the duties of the head of the court were not covered. He went on to say that the new manual should have been produced earlier, but that “it came after a delay of ten years.”
Mr. Luci, asked where the manual’s instructions will be implemented, said “in all courts where conditions to do so exist.”
When asked whether it is possible to implement in Drenas municipal court, Mr. Haxhaj said that it would cause hardships because of its financial implications and building requirements. However, he did say that overall there are no conditions in his court that would preclude the implementation of the manual.
Mr. Haziri said that, although the new manual has been welcomed, there are many things that he believe will be impossible to implement and, when pressed, specified the nonexistence of some offices explicitly mentioned in it.
Mr. Peci said that the ultimate aim of the new rules is to engage everyone working in the court, not to create new jobs nor overwhelm current staff.
Mr. Paqarada disagreed with Mr. Haziri, claiming that there are no significant financial burdens caused by the manual, and that all “that is needed is the will to implement it”.
Asked how court communications will be regulated, bearing in mind that there have been numerous media and public information problems in the past, Mr. Peci said that every citizen has the right to observe court cases. Until now, this option has been limited. “The aim is to open courts to journalists, and to elect someone from each court as an information coordinator to organise [such matters],” Mr. Peci said.
Talking about the measures that will be used for staff who do not abide by the new manual, Mr. Peci said that the Judicial Council has its own mechanisms. He said that the manual sets strict procedures on who will report about whom and in what cases. He added that “[they] are hoping that such matters will not come to the point of punishment, as far as respecting the manual goes.”
Other reports
In the Justice in Kosovo section, a report by journalist Genc Nimoni was broadcast about the new Palace of Justice, looking into how construction is progressing and questions about land ownership.
An investigative report by the journalist Alban Selimi was also shown, discussing the opposition to the establishment of a new emergency department at the University Clinical Center of Kosovo.
In addition, an interview by Jeta Xharra with Sislej Xhafa, an artist from Kosovo, was broadcast.
At the beginning of 2010 BIRN network published Digging Deeper - A Guide for Investigative Journalists in the Balkans, written in cooperation with Sheila Coronel, Director of the Stabile Center for Investigative Journalism and professor of professional practice at Columbia University, New York.
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