What is the mandate of the KJC?
Pursuant to the Constitution of the Republic of Kosovo and Law 06/L-055 on the Kosovo Judicial Council, the mandate of the KJC is to:
- Decide on the organization, management, administration and oversight of the functioning of the courts under the law;
- Propose to the President the appointment, reappointment and dismissal of judges, and to ensure that all proposed candidates meet the criteria established by law, in accordance with the relevant legal procedures;
- Propose to the President the appointment and dismissal of the President of the Supreme Court of Kosovo, ensure that the proposed candidate meets the criteria established by law and that the respective procedures have been conducted; 1.4. decide on the selection, appointment and dismissal of the President of the Court of Appeal, of the Presidents of the Basic Courts and of the Supervisory Judges;
- Ensure implementation and oversight of eligibility criteria for the judiciary in accordance with the principles of merit, equal opportunities, gender equality, non-discrimination and equal representation, on the basis of public vacancy competitions and after verification of candidates’ ability to act;
- Decide on the announcement of vacancy competitions for candidates for positions in the judiciary;
- Decide on the organization of the examination for candidates for judges according to the regulation adopted by the Council;
- Establish and supervise the implementation of the criteria for the ethnic composition of the territorial jurisdiction of the respective court, and for the staffing of vacancies guaranteed for members of non majority communities in Kosovo;
- Decide on the number of judges in each jurisdiction:
- Recommend the establishment of new courts and branches of courts, in accordance with the Law on Courts;
- Perform judicial inspection;
- Administer the judiciary;
- Draft and oversee the budget for the judiciary;
- Decide on the promotion, transfer and discipline of judges;
- Establish criteria for regular assessment of judges;
- Decide on the courts’ case load;
- Ensure the efficient functioning of the courts.
- Establish and oversee the criteria on defining policies, standards and guidelines related to the training of judges, lay judges and other judicial staff, and supervise the implementation of professional training of judges and lay judges;
- Adopt the Code of Professional Ethics for Council members, judges and lay judges, as well as the Code of Ethics for judicial administrative staff, the violation of which is the basis for sanctions, including dismissal from office;
- Decide on the adoption of a single court tax scheme applicable throughout the territory of the Republic of Kosovo;
- Ensure the management of the central criminal record system in accordance with the regulations adopted by the Council;
- Adopt the annual report on court activities and budget expenditures for the judiciary;
- Cooperate with the judicial councils of other states and relevant local and international organizations, provided that it does not affect the independence of its work;
- Adopt by-laws in the function of the implementation of its duties and responsibilities, in accordance with the legislation in force;
- Perform other duties as defined by law.
Who appoints the members and Chairperson of the Kosovo Judicial Council?
The Council, as defined by Article 108 of the Constitution, and Article 8 of the Law 06/L-055 on the Kosovo Judicial Council, consists of thirteen (13) members, with professional qualifications and expertise. The members are selected as follows:
- Seven (7) members shall be judges selected by members of the judiciary, as follows:
- two (2) judges of the Supreme Court;
- two (2) judges of the Court of Appeal;
- three (3) judges of the Basic Courts.
- Two (2) members select the representatives of the Assembly who hold the seats won during the general allocation of seats, and at least one of these two must be a judge;
- Two (2) members are selected by the Assembly Members holding seats reserved or guaranteed for representatives of the Serb community in Kosovo, and at least one of these two shall be a judge;
- Two (2) members are selected by Assembly Members who hold seats reserved or guaranteed for representatives of other communities, and at least one of these two shall be a judge.
How long does the mandate of members of the Kosovo Judicial Council last?
The mandate of the members of the Council last five (5) years.
What are the decisions made by the Kosovo Judicial Council?
The decisions of the Kosovo Judicial Council are decisions made by the Council within the powers and responsibilities deriving from the Constitution of the Republic of Kosovo and Law 06/L-055 on the Kosovo Judicial Council.
Are the Kosovo Judicial Council meetings open to the public?
Council meetings are open to the public. The Council may decide to hold a closed meeting for the public by a majority vote of the members on the following matters:
- A state secret whose disclosure would be a violation of the law;
- Issues of staff dealing with judges or judiciary employees, except the Council meeting where a final disciplinary decision is made against a judge;
- Non-public information or disclosure of data that would endanger the life or safety of any person;
- An ongoing investigation into improper behavior or criminal activity, whose disclosure would reasonably jeopardize the objectivity and efficiency of the investigation;
- Assessment of the performance of judges and administrative staff;
- Proprietary disclosure the disclosure of which could prejudice the interests of any party that competes for a government tender;
- Proprietary business information, data, processes or computer codes that are confidential under a contractual agreement or a non-disclosure agreement between the provider and the council; and
- Any other information the disclosure of which would constitute a violation of the law.
Are the judgments of the Kosovo Judicial Council public?
KJC decisions are public, with the exception of decisions that may not be public if prohibited by law.
Where can I find the acts of the Kosovo Judicial Council?
All legal acts of the KJC can be found on its web portal at this link (link to the menu in the structure of the new web site)
How can I be informed about the meetings or work of the Kosovo Judicial Council commissions?
About KJC meetings you can be informed through the KJC web portal (link to the menu in the structure of the new web site)
What is the role of the Secretariat of the Kosovo Judicial Council?
The KJC Secretariat assists the Council in implementing regulations and policies related to the management, budget and court administration. According to the Council’s guidance, the Secretariat manages the administrative and judicial personnel of the judiciary, including the allocation of administrative and support staff to courts based on workload, maintenance of personnel records, establishment of a performance assessment system, disposal of appropriate discipline of court employees, as well as the protection of their employment rights.
Under the responsibility of the Director, the KJC Secretariat advises and assists the KJC in performing its duties and responsibilities in the management of the judiciary and courts, and is responsible for the implementation of its decisions, and it is also responsible for all administrative and research functions that relate to the support for the Council.
What is the role of the Judicial Inspection Unit?
The Judicial Performance Review Unit (JPRU), in accordance with the instructions of the Kosovo Judicial Council and its Court Administration Commission, works in compliance with Article 29 of the Law on the Kosovo Judicial Council.
The JPRU provides the KJC with analyzes, assessments, recommendations, advice and information regarding the activities conducted and reviewed by the courts, which promote effective, high-quality, professional, timely and cost effective oversight of employees.
It aims to review how a given legal framework has been implemented, the extent to which judiciary processes are provided to parties and how their rights are respected, to identify gaps or legal contradictions and potential obstacles, to identify good practices in the judiciary which could be implemented without undermining the legal framework of the Kosovo Judicial Council, to understand the obstacles faced by judges during the exercise of their duties, and to prepare any information requested by the Kosovo Judicial Council for the proper exercise of judicial functions.
Can the KJC help me with my case in court?
The Kosovo Judicial Council is a body mandated to administer the judiciary, but it does not have the power to interfere in the work of the judges. Under the Constitution and the Laws, judges are independent in their adjudication on a case brought before the court. Therefore, pursuant to the legislation in force in our country, the KJC can not help you in such a case.
I went to litigation in court and I didn’t win the case. Can I complain to the Kosovo Judicial Council against judge?
You cannot complain to the Kosovo Judicial Council against judges who have handled cases you have lost, because of non-confirmation of your claims on the matter.
Conversely, in cases where you claim that you have lost the case due to negligence or failure of a judge to perform his/her function impartially and independently, or in abuse of his/her judicial functions, you may file a complaint with the President of the relevant Court in which the judge against whom you are complaining exercises his/her function.
What does improper/unethical behavior of the judge mean?
The improper/unethical behavior of a judge is any action that discredits the position and image of the judge, as well as the image of the judicial system in Kosovo, and it includes:
1. The final sentence for a criminal offense, other than misdemeanors as defined by law;
2. Negligence in the performance, failure to perform or abuse of judicial functions;
3. Failure to perform functions impartially and independently, and
4. Violation of the code of ethics and professional conduct of judges.
Where can I complain against the judge for improper conduct?
With the entry into force of the Law on Disciplining of Judges and Prosecutors (No. 06/L-057), the disciplinary procedure is completely different. Natural and legal persons may file a complaint against a judge or prosecutor regarding any allegation of disciplinary violation, with the following authorities (hereinafter referred to as "the Competent Authority"):
1. The President of the Basic and Appeal Court in which the judge serves, as regards the allegations of disciplinary violations of that judge;
2. The President of the Supreme Court regarding allegations of disciplinary violations of the Presidents of the Basic Courts and the President of the Court of Appeal;
3. The Kosovo Judicial Council regarding the allegations of disciplinary violation of the President of the Supreme Court;
4. When the complaint is submitted to the non-competent authority, such authority shall transfer the complaint to the competent authority, in accordance with the Law on Administrative Procedure.
Natural persons may file a complaint against a judge with the Ombudsman.
Can I get a certificate from the Kosovo Judicial Council that I have not been sentenced for a criminal offense?
No The court issues the certificate that you are not sentenced for a criminal offense
How can I contact the Kosovo Judicial Council?
You can contact the Kosovo Judicial Council via its official email addresses
firstname.lastname@example.org apo email@example.com and through the official phone number
038 200 17 494.
What is the address and working hours of the Kosovo Judicial Council?
Address: Luan Haradinaj, nn 133, 10000 Prishtina.
Working Hours: Monday – Friday: 08:00 – 16:00