Caretaker government approves two decisions for the temporary suspension of acts by the Kosovo Bar Association

At its 25th meeting, the caretaker government approved two proposed decisions submitted by the Ministry of Justice.

These concern the proposed decision prohibiting the implementation of the Regulation on the Admission and Handling of Telephone Calls in the System for the Appointment of Lawyers under Official Duty (ex officio) of the Kosovo Bar Association, as well as the proposed decision prohibiting the implementation of the act that sets the amount of registration costs in the Kosovo Bar Association.

While presenting the first proposed decision, Acting Deputy Prime Minister and Minister of Justice Donika Gërvalla said that, following a review of the provisions of this regulation, it was assessed that some procedural requirements could create practical obstacles to the efficient functioning of the mechanism for appointing defence counsel under official duty, especially in the early stages of criminal proceedings.

“This action aims to ensure the preservation of the constitutional and legal standards of the right to defence, as well as to guarantee the fair and effective functioning of the legal aid mechanism, and in particular the absolute protection of fundamental human rights for the parties in law,” Minister Gërvalla said, stressing the need for the implementation of the Regulation on the Admission and Handling of Telephone Calls in the System for the Appointment of Lawyers under Official Duty to be temporarily suspended until the court’s final decision.

As for the second decision, with the approval of the proposed decision prohibiting the implementation of the act on the amount of registration costs in the Kosovo Bar Association, it is determined that these costs must currently not exceed the amount of €1275.00, and from July, the amount of €1500.00.

According to Minister Gërvalla, this proposed decision is the result of the finding that the relevant act is not in compliance with the provisions of the Law on Advocacy, which stipulates that the costs for registration in the Bar Association cannot be higher than three (3) minimum wages.

“Taking into account the importance of guaranteeing the implementation of laws in the field of justice, and the need for the uninterrupted functioning of the system for appointing defence counsel under official duty (ex officio), and based on the Government’s competence to oversee the legality of the acts of the Kosovo Bar Association and the right to prohibit their implementation until the final decision of the competent court, we consider it necessary that the application of the registration costs be temporarily suspended until the court’s final decision,” Minister Gërvalla concluded.