This week, the Kosovo Assembly approved, in its second reading, the draft law on the State Bureau for the Verification and Confiscation of Unjustified Assets. It received 66 votes in favor, none against, and seven abstentions. The Alliance’s members voted in favor, LDK members abstained, while most PDK representatives did not take part in the vote.
Political analyst Gani Qarri, speaking to “Bota sot,” described the approval as an important step in the fight against corruption and organized economic and institutional crime. However, he warned that political and legal factors could hinder its implementation.
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According to Qarri, passing the law is not enough to ensure the Bureau’s success. He pointed out that deep judicial reform and the implementation of vetting are essential for the institution to function effectively.
The analyst said the draft law was approved after a lengthy process marked by political opposition and constitutional reviews. In his view, the parties’ voting patterns once again demonstrated divisions among opposition groups.
“The draft law on the State Bureau for the Verification and Confiscation of Unjustified Assets faced various forms of opposition from opposition parties, some justified and some not. Alongside institutional and legal assessments of its constitutionality, it also went through a lengthy and heated public debate. During this process, the Constitutional Court issued two judgments. Only after this years-long odyssey was successfully concluded did it become possible for the draft law to pass its second reading in the Assembly of the Republic of Kosovo,” Qarri said.
He stressed that the vote, with 66 in favor, none against, and seven abstentions, marked an important development in establishing mechanisms to verify and confiscate unjustified assets.
“With the approval of the draft law on the State Bureau, by 66 votes in favor, none against, and 7 abstentions, its powers, organization, and procedures for verifying and confiscating unjustified assets have been defined. This is an important step toward strengthening institutional mechanisms and paves the way for the practical launch of confiscation procedures. It enables a more successful fight on the ground and the unhindered legal treatment of assets acquired through corruption and organized political, economic, and institutional crime in our country,” he said.
Referring to positions taken in the Assembly, Qarri said they reflected a lack of unity among opposition parties. He also mentioned the 24 amendments PDK proposed during the review, one of which was approved.
“Although considerable work went into the substance of the draft law on the State Bureau for the Verification and Confiscation of Illicit Assets, PDK submitted 24 amendments in the Assembly, and one was approved. Given the deep divisions among opposition parties, this appears to have contributed to not all parties voting in favor. The result once again showed differing positions: Alliance members supported the draft law, LDK members abstained, while most PDK members did not take part in the vote. PDK, whose leadership is thought to be more likely to be affected by the draft law, did not take part in the vote,” Qarri said.
He said these differences raised concerns about the parties’ willingness to ensure the procedure is fully implemented and assets found to be unjustified are confiscated.
“The differences between the parties raise important questions, not only about their political positions, but also about the full implementation of the confiscation procedure. It remains to be seen whether the fight against corruption and organized crime will be conducted rigorously, and whether officially identified illicit assets will be confiscated without legal difficulties or serious political clashes.
“Although parliamentary approval is essential to fighting corruption and confiscating unjustified assets acquired through organized economic and political crime and other forms of criminal activity, the parties’ differing positions send a negative message. They show a lack of unity and deeper divisions within the opposition. This adds to concerns that there could be administrative blockades, a failure to provide accurate information about abuses, legal obstacles, or even opposition protests aimed at preventing the Bureau from fully and effectively implementing the draft law,” he said.
Qarri warned that implementation of the law could face political opposition, court challenges, and the use of legal mechanisms to make the Bureau’s work more difficult.
“Possible obstacles may take the form of political challenges and obstruction, opposition prompted by party directives, and court challenges, as well as the use of legal remedies to complicate implementation of the law.
“Given the problems in Kosovo’s justice system, these risks cannot be ruled out. Therefore, alongside implementation of the draft law, a deep and fundamental reform of every link and level of the country’s judicial and prosecutorial systems must begin,” Qarri said.
In closing, the analyst emphasized that approving the draft law is an important institutional step, but does not by itself guarantee the intended results in the fight against corruption. In his view, judicial reform and vetting are necessary for the Bureau to operate effectively and without obstruction.
“Even after its approval by the Assembly, the practical and successful implementation of the draft law on the State Bureau for the Verification and Confiscation of Unjustified Assets in Kosovo cannot be guaranteed without fundamental vetting of the judicial and prosecutorial systems,” Gani Qarri concluded to “Bota sot.”
