The Functional Review of the Kosovar Justice system: an overview of the process so far

October 17, 2018

In late November 2016, the Government of Kosovo launched a functional review of the whole Rule of Law sector under the lead of the Ministry of Justice, as mandated by Government Decision No. 07/117 – Annex 1. The review would comprise all institutions related to the topic and seek to impose a comprehensive strategy for the development of effective Rule of Law in the country. The main aim of this policy note will not be on the intricate content but rather to trigger discussion and raise questions with a focus on organizational issues related to the functional review of the Rule of Law in the Republic of Kosovo. For this purpose, this document will start by laying out which strategies and organisms the functional review entails followed by a comparative look into the functional review processes other countries from the region – Serbia, Bosnia and Herzegovina and Romania – have undertaken. This will lead to a final section on the main issues regarding the process in Kosovo, and how to successfully move forward. This policy note argues that, in order to achieve the all-inclusive approach privileged in the Terms of Reference of the government decision itself, a clear look at shortcomings of the institutional setup must be done in order to determine how to best move forward. This would enhance the potential for sustainable success, as well as prevent the country from projecting an external image as a state which undertakes important reforms in an unplanned or uncoordinated manner.

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