The establishment of the Consultative Council for Justice is halted

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In late April 2011, the Government of Kosovo issued a decision on the establishment of the Consultative Council for Justice, as an advisory body to the government. This decision raised a number of reactions among lawyers and legal experts. Subsequently, in July 2011, “Justice in Kosovo” TV programme devoted a full episode to analysing the creation of this body. The TV programme looked into whether the decision was unconstitutional, including opinions and legal expertise from representatives of the Constitutional Court, civil society and independent lawyers.

With the exception of institutional representatives, the majority of those consulted believed the decision to be unconstitutional, particularly Article 9 of this decision, which is controversial, as it requires Kosovo’s judicial institutions to pass draft legislation through this body first. Since this is considered to be as a direct interference of the government to the judicial system, the Legislation and Judiciary Committee of the Kosovo Assembly reopened debate on the decision to establish the Consultative Council of Justice.

 Due to the refusal of key institutions—such as the Supreme Court and the Court Council—to send representatives in the Consultative Council of Justice, it will not achieve the necessary quorum to function as an authority.