On the 11 November 2024, during a high-level conference in Pristina attended by over 100 guests and participants, the European Union Rule of Law Mission in Kosovo (EULEX) presented its fourth public Justice Monitoring Report.

Whilst the previous Justice Monitoring Reports from 2020-2022 evaluated Kosovo's criminal and civil justice system, offering concrete recommendations to assist rule of law institutions in achieving better compliance with Kosovo law and human rights standards - with full respect for their independence, this report assesses the implementation of the prior recommendations, highlighting areas where progress has been made and calling attention to persisting critical gaps.

Opening the conference, the Head of Mission of EULEX, Giovanni Pietro Barbano, recalled that the finality of the report is to provide a roadmap - a call to action to strengthen the justice system, stressing the need for a shared deeper commitment to seeing Kosovo's justice sector progress towards European standards essential for a stable, democratic society.

“Kosovo has the potential and the opportunity to become a member of the European family, but the journey requires more than compliance. It requires Kosovo institutions and people to embody the values of democracy, rule of law, and human rights. By doing so, Kosovo can shape a future that is secure, just, and aligned with European ideals and values,” Barbano said, adding that: “The path to EU accession requires more than just institutional reforms; it demands an unwavering commitment to the rule of law from leaders at all levels and support from every community.”

The Head of EULEX Monitoring Pillar, Giovanni Galzignato, explained the methodology of the report, pointing out that that the findings are based on the rigorous monitoring of over 300 cases, as well as data and insights gathered through extensive collaboration with Kosovo’s institutions, including the police, judiciary, and civil society.

“Just like its predecessors, the 2024 Justice Monitoring report focuses on the entire chain of criminal and civil justice and covers both systemic and thematic topics,” clarified Galzignato, highlighting that systemic topics include, among many others, the use of detention on remand, enforcement of criminal sanctions and accessory punishments, scheduling and productivity of court sessions and retrial policy. While thematic topics include the handling of specific types of criminal offences, such as corruption, gender-based violence and crimes under international law, as well as assessment of implementation on other areas, such as the processing of civil cases related to property disputes, the application of diversion measures to juveniles in criminal cases and the functioning of the Case Management Information System.

A snapshot of the key findings was presented by the Chief of EULEX Case Monitoring Unit, Hubert van Eck Koster, who firstly stressed the relevance of the continuous support and co-operation with rule of law institutions in ensuring that EULEX is able to execute its robust monitoring mandate, enabling Mission’s police, justice and thematic monitors to get access to information and documents.

Among the many key findings of the report, van Eck Koster, pointed out that:

- Progress was observed in terms of institutional set up and capacity of the Kosovo Police and the SPRK to deal with war crimes.
- Progress was also achieved in addressing gender-based violence and in the implementation of the requirements in line with the Istanbul Convention, including the use of the inter-agency domestic violence database.
- Positively, both the KJC and the Special Department developed awareness for the importance of case management and planning of hearings.
- Most courts have now audio and video equipment installed to ensure recording of court proceedings.

On the other hand, the report assesses that:

- Many high-profile cases did not show any meaningful progress even though several trials have been ongoing for years.
- Still too many hearings take place without any significant progress, causing unnecessary delays to the proceedings.
- There is still an overuse of detention on remand, namely that it continues to be applied systematically without proper substantiation and that it is often extended automatically, and there is an increased considerable number of detained persons in protracted trials for a very long, if not too long, period.
- Although a certain level of improvement has been recorded, the fight against corruption needsto be prioritized, and all available legal instruments need to be fully utilized.

The conference continued with remarks and comments to the findings of the report by representatives of the entire justice chain, namely the General Director of the Kosovo Police, Gazmend Hoxha, the Chair of Kosovo Prosecutorial Council, Ardian Hajdaraj, and the Chair of Kosovo Judicial Council (KJC), Albert Zogaj.

Gazmend Hoxha expressed his gratitude and appreciation to EULEX and its effort, underscoring the significance of EULEX’s monitoring reports for the Kosovo Police in terms of the work methodology used to evaluate the entire chain of criminal justice. “For us, the Kosovo Police, the final result of solved cases is very important, because this is how we evaluate our work”.

Hoxha also reaffirmed the commitment of the Kosovo Police to taking into consideration and properly addressing EULEX’s findings and recommendations, further emphasizing police's continuous strong collaboration with EULEX, which is expected to continue in the future. “During the research work by EULEX officials, Kosovo Police Units and Officers have been continuously contributing and cooperating, and will continue to do so in the future” he pointed out.

Moving on along the justice chain, the Chair of Kosovo Prosecutorial Council (KPC), Ardian Hajdaraj, recalled that the KPC continues to work hard to strengthen institutional capacities and cooperation among justice institutions to create a more coordinated and effective approach in the fight against crime.

“Handling of high-profile cases requires a strong, independent and secure justice system that can withstand external pressures and influences,” stressed Hajdaraj, adding that: “The Kosovo Prosecutorial Council expresses its readiness to provide assistance to the State Prosecutor and other justice bodies, so that the investigation and prosecution of these criminal offenses is effective and in compliance with the applicable legislation.”

Hajdaraj concluded his remarks by listing a series of practical commitments to be undertaken by the Kosovo Prosecutorial Council in relation to the findings of the report in order to strengthen prosecutors’ accountability.

The Chair of Kosovo Judicial Council, Albert Zogaj, welcomed the report as a tool for Kosovo institutions to seriously reflect on the need to address the raised issues across the whole criminal justice chain, reiterating KCJ’s commitment to closely cooperate with the Mission: “We have been completely open with the EULEX Mission in order to create the necessary space for monitoring, and will certainly continue with the same level by increasing cooperation, but at the same time we will invite the Mission to follow up on how will the KJC and the Courts implement every recommendation given by it.”

Zogaj also drew attention to the fact that efficiency and productivity are deeply interconnected with the availability of resources, highlighting how the budget is directly related not only to the quality of the overall performance, but also to the level of confidence towards its institution, which is related to the capacity that KJK has in fulfilling the constitutional and legal requirements.

Following the question-and-answer session, the Deputy Head of Mission of EULEX, Emily Rakhorst, delivered her closing remarks, thanking the speakers for their shared, strong commitment to fair trial principles across the rule of law sector and for their positive evaluation of EULEX’s independent, robust monitoring.

“I am very pleased to hear today everyone’s keenness to addressing the underlying causes for some of the key challenges in the implementation of the Kosovo legal framework, to ensure that the justice system can operate effectively and safely,” Rakhorst said.

The full report is available at: (11.11.2024)EU Rule of Law Mission Justice Monitoring Report 2024.pdf

The video of the conference is available at: