KLI calls for extension of public consultation on draft Civil Code

The Kosovo Law Institute (KLI) has asked the Ministry of Justice (MoJ) to extend the public consultation on the draft Civil Code of the Republic of Kosovo to at least 30 calendar days. The institute is also calling for a thorough review of comments and broad discussions with relevant professionals and institutions, expressing concern that the current deadline is too short.

The MoJ published the draft for consultation on October 27, 2026, and set November 16, 2026, as the deadline for submitting comments. According to KLI, this gives stakeholders only 15 working days to review one of the most important and extensive documents in Kosovo’s legal system.

The draft code contains 1,630 articles and aims to regulate fundamental areas of civil law, including obligations, property, family and inheritance. KLI stresses that its scale and significance require a different approach from that taken with ordinary draft legislation, as well as an in-depth legal analysis, comparison with laws in force and constitutional and international standards, and an assessment of its practical impact on citizens and institutions.

The institute considers the allotted time insufficient for a meaningful and inclusive consultation. It says it is unreasonable to expect lawyers, justice institutions, universities, civil society organizations and other stakeholders to conduct a substantive analysis of 1,630 articles in such a limited time.

KLI cites Article 51, paragraph 2, subparagraph 2.2, of Government Regulation (GRK) No. 17/2024 on the Rules of Procedure of the Government. Under this provision, the period for submitting comments on acts of particular complexity or importance may be extended to 30 calendar days. Article 52, paragraph 1.1, also allows the proposing body to extend the deadline or repeat the consultation when the material requires more time. KLI believes the draft Civil Code meets the criteria for such an act and calls for the consultation to last at least 30 calendar days.

Nevertheless, the institute says even 30 days would not be enough for a proper consultation on a code with 1,630 articles. KLI notes that the 2024 regulation lowered the previous standard: Article 9, paragraph 1.2, of Regulation (GRK) No. 05/2016 on Minimum Standards for the Public Consultation Process allowed an extension of up to 60 calendar days for particularly complex or important draft acts. The new regulation has halved that allowance, which, according to KLI, does not help ensure meaningful public participation in drafting complex laws.

KLI also links the situation to inadequate legislative planning. The institute says the MoJ could have published the draft Civil Code earlier to allow sufficient time for consultation. In its view, delays in planning and publication should not be offset by reducing the time citizens and stakeholders have to give their views, as this directly affects the quality of the document.

Another issue raised by KLI is an inconsistency with the Government’s Draft Laws Program. The program, approved on October 6, 2026, set November 15 as the deadline for the draft Civil Code, while the MoJ had left the public consultation open until November 16. The institute says it makes no sense to plan to advance an act before its public consultation has closed.

KLI supports adopting the Civil Code as soon as possible, including to fulfill obligations arising from the Reform Agenda. But it says deadlines in government programs and international commitments should not be used to restrict public consultation or undermine the quality of laws. Rushing to adopt a code of this importance, the institute warns, could result in unclear and contradictory provisions and long-term difficulties in implementation.

KLI asks the Ministry of Justice to extend the consultation to at least 30 calendar days, substantively review the comments and hold inclusive discussions with relevant professionals and institutions. It calls on the Government to align its legislative program with mandatory procedures and reconsider the 30-day limit for consulting on particularly complex acts.

“Kosovo needs a Civil Code, but above all it needs a high-quality, harmonized and workable Civil Code. The quality of such an important reform must not be sacrificed to meet deadlines set by the Government itself,” KLI’s statement concludes.