06 December 2014
She came from Duesseldorf to Mitrovica determined "to give the best she possibly can" in order to help Kosovo build an independent and efficient judiciary. Having previously invested in the Balkans, both as a student, researcher and election observer in Croatia and Bosnia/Herzegovina, Ms Katja Dominik was convinced that coming back to the region to work as EULEX judge was the "right thing for her".
Dominik, a judge from Duesseldorf District Court, practiced within the framework of 130 years old procedural law, which provided ample historical timeframe to erase the mistakes within the legislation. But this is not to say that things were always ideal for Germany. Legal erosion during the Second World War, two different legal systems within Germany after 1945 and the challenges of reunification with Eastern Germany demanded attention and adjustment from the German lawmakers in recent history.
"These changes within my country have enabled me to adopt certain sensibility to the ongoing problems of Kosovo judiciary", says judge Dominik.
In her role as an international judge of the Mitrovica Basic Court, she was able to participate and respond to the challenges of the new procedure code adopted in Kosovo in January 2013. She works in a team with her local colleagues, whose help, she acknowledges as vital. She added that the judge's utmost role is to ensure a fair and neutral trial.
"People need a functioning legal system for their own safety. Our aim is to create a situation where anyone with a problem can find legal remedy anywhere in Kosovo", she explains.
But performing a judicial duty could have its own problems.
"You have to do your job in difficult political circumstances. The judge has to be firm in carrying his/her duty and be brave to make decisions", Dominik pointed out.
To create a fully-fledged system, especially in the North will take time and local help will need to be relied upon. The EULEX Mission would very much like to see that Kosovo Albanian and Kosovo Serb judges and prosecutors take their seats in the courtrooms.
Judge Dominic says she would be happy to sit on the cases with her Serbian and Albanian colleagues and deal with all kinds of cases. The efficient judiciary cuts considerably the atmosphere of impunity, making a safer environment for everyone.
Since the re-opening of the Court in northern Mitrovica in December 2008, international judges and prosecutors, supported by a multi-ethnic team of legal officers have issued over eighty verdicts in serious crime cases which have been prosecuted by EULEX and local Prosecutors. However, more needs to be done.
"Since I arrived here", says Dominik, "I have noticed several forms of violence and I was told about prevailing drugs problem in the city. Youth are able to buy any drugs they want. We need to stop this and create a safe environment for all the citizens".
Opening the region to the benefits of EU means that strong legal system has to be created, including a considerable investment in law students who need to be trained to become solid practitioners of the law.
"I am convinced that the younger generation will make a difference in Kosovo. I am pleased to see law students sometimes sit in my courtroom and take notes of the trial", says judge Dominik, adding that buzzing courthouse full of students learning with eyes filled with curiosity is one of her dreams for Kosovo.
In order to leave the solid ground for the future, the international judges are leaving elaborate judicial reasoning of proceedings, as legacy for Kosovo legal practitioners and law students. As Kosovo judiciary takes on more cases, the idea behind EULEX's engagement in the rule of law is to gradually step back.
Though she enjoys her job in Mitrovica Basic Court, she says that her stay in Kosovo is not indefinite. Before she leaves, judge Dominik hopes for someone assessing in ten years the EULEX contribution to Kosovo rule of law, to find it 'useful'
Ms Dominik's advice for judges is to be fair in the proceedings. To do justice is something you have to be prepared for, because making decisions is not always easy.
"If I ever find myself unable to make a decision it would be the time to leave the profession", Ms Dominik concluded.