Annual Work Plan. Republika e Kosovës Republika Kosova / Republic of Kosovo

Transcription

1 Republika e Kosovës Republika Kosova / Republic of Kosovo Këshilli Prokurorial i Kosovës Tužilački Savet Kosova / Kosovo Prosecutorial Council Annual Work Plan 2019

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3 Republika e Kosovës Republika Kosova / Republic of Kosovo Këshilli Prokurorial i Kosovës Tužilački Savet Kosova / Kosovo Prosecutorial Council Annual Work Plan 2019 February 2019

4 Kosovo Prosecutorial Council 2018 Published by Kosovo Prosecutorial Council. All rights reserved. The contents of this material may not be reprinted, multiplied or transmitted in any other electronic, mechanical, photocopied or recorded form without the written approval of the Kosovo Prosecutorial Council.

5 TABLE OF CONTENTS: I. Part one Executive summary Mision Vision Values Legal basis and contents Duties and competences of the Council...12 II. Part two Objectives of the Kosovo Prosecutorial Council Continuous improvement of the system of administration of the prosecutorial system Review of the package of Council sub-legal acts Systematic oversight of the work of prosecutions and prosecutors in order to strengthen integrity and accountability Advancement of the recruitment process, transfer and advancement of prosecutors and administrative staff Further strengthening of the system of performance evaluation of prosecutors Consolidation of the new disciplinary system for prosecutors Increasing transparency and cooperation Increase of professional skills of prosecutors and administrative staff...24 III. Part three Advancement of the Secretariat Services of the Council Performance of personnel, procurement and administration Budget planning and implementation, and empowerment of general services Informatin Technology...31 IV. Part four Strengthening the work processes in the Prosecution Performance Review Unit Advancing the drafting of analytical reports through the data collection and processing system Capacity building to support professional development within the prosecutorial system

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7 Part I

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9 I. Part one 1. Executive Summary The Kosovo Prosecutorial Council for the purpose of implementing the strategic plan and in function of exercising the legal mandate issues an annual work plan The work plan for 2019 contains of 3 parts. The rst or introductory part,in which it is described the mandate and organizational structure of the Kosovo Prosecutorial Council (Council), with particular emphasis on its vision and mission, as well as the legal basis for the functioning of the Council. The second part of the plan sets out the objectives of the Council for 2019, speci c, measurable and achievable objectives. This part includes the objectives and activities of the Secretariat of the Kosovo Prosecutorial Council (SKPC) and the Prosecution Performance Review Unit (PPRU). The third part of the plan concretizes objectives through activities, stakeholders, indicators for carrying out activities and timeframes for their realization. Adoption of a work plan like this will ensure easier development of the activities set forth in advance, and will create opportunities for the activities of the Council to be at the highest level, its committees, the SKPC and the PPRU, regarding the provision of conditions and the provision of services to the State Prosecutor. Also, overseeing the implementation of policies and decisions of ther Council through planning as this plan will be easily implemented. When drafting this plan, the Council considers the challenges and risks that may arise regarding the possibility of legal changes, the need for amending sub-legal acts, budget resources and human capacities. Finally, when drafting this plan, the Council has also taken into account expectations of donor and partner support for its realization. 9

10 2. Mission The Council has a mission to provide an independent, impartial, professional and effective investigation and prosecution system of prosecutors recruited on the basis of merit, assessed on the basis of job performance, and supervised by high standards, which ensures law enforcement fairly and indiscriminately and treating the victims of crime in a merit way. 3. Vision Our vision is to enable the delivery of justice in an ef cient, effective, transparent, accountable and professional organization which ensures public con dence. 4. Values As an independent institution, the Council is characterized by the following values: Professionalism, transparency, accountability and independence at work; Continuous Quality Improvement Approach; Rational use of resources; Integrity and high ethics. Promoting equal access to prosecutorial system services to all without distinction; Realization of duties and mandate based on international human rights standards; Continuous advancement of management and management system; 10

11 Promote cooperation and respect international standards regarding planning and accountability and Provision of professional, ef cient, effective and law-based services. 5. Legal basis and composition The Council is established by Law no. 03 / L-224 on the Kosovo Prosecutorial Council, which entered into force on 1 January From 1 January 2016, according to the Law on Amending Law no. 03 / L-224 on the Kosovo Prosecutorial Council (Law No. 05 / L-035), the Council consists of thirteen (13) members, ten (10) of whom are prosecutors, and three (3) nonprosecutorial members. With the current legal basis, the Council consists of: Chief State Prosecutor according to the of cial duty (ex of cio); Seven (7) Prosecution Members, one (1) from each Basic Prosecutor; One (1) prosecutor member from the Appellate Prosecution Of ce; One (1) prosecutor member from the Special Prosecution Of ce; One (1) lawyer member from the Kosovo Chamber of Advocates; One (1) member, university professor of law faculties and One (1) member representing civil society The Council is chaired by the Chairperson who is elected from among the members of the Council's prosecutors, with a term of three (3) years, without the right of reelection. The Chairperson of the Council presents annual public reports at least once a year on the performance, actions, cost and budgetary needs of the prosecutorial system, and organizes the procedure for selecting the members of the standing committees under this law, enabling the Council a transparent and responsible for their proposals and their appointment. 11

12 The Council realizes its mandate through the work of Permanent Committees established by law. These committees are as follows: Committee on Normative Affairs; Prosecutorial Performance Evaluation Committee; Disciplinary Committee; Committee on Budget, Finance and Personnel; Committee for Administration of Prosecution Of ces. In order to realize its mandate, the Council may also establish temporary committees. The Council provides its services through its Secretariat related to budget, nance, procurement, human resources, logistics, infrastructure, information technology, the prosecutorial system, while the analytical, statistical, professional development of prosecutors and personnel, through the Unit for the Prosecution Performance Review. 6. Duties and Competences of the Council The main responsibilities of the Council are as follows: Ensures that prosecutors act independently, professionally and impartially in the performance of their functions; Recruit and propose to the President candidates for appointment and reappointment for prosecutors, including the Chief State Prosecutor; Evaluates, promotes, discipline, proposes dismissal, transfers and provides support for the training of prosecutors; 12

13 Elect Chief Prosecutor of Prosecutions at all levels; In cooperation with the Academy of Justice, establishes standards for the professional development of prosecutors; In cooperation with the Of ce of the Chief State Prosecutor develops prosecutorial policies and strategies for the effective ght against criminality; In cooperation with the State Prosecutor prepares and oversees the budget of the prosecutorial system. 13

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15 Part II

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17 II. Part two 1. Objectives of the Kosovo Prosecutorial Council The main objective of the Council is the continuous increase of ef ciency and effectiveness in policy orientation and strategic plans of the prosecutorial system. The goals of the prosecutorial system in achieving the vision de ned by this strategic plan and mandate de ned by the constitution and the law are summarized in the strategic pillars. Each strategic pillar contains speci c and measurable objectives, each of which is concrete with concrete actions. The realization of the objectives will be done through continuous analysis of the functioning of the prosecutorial system in close cooperation with the State Prosecutor specifying detailed, measurable and coherent activities for the implementation of these policies and strategic plans. The strategic objectives of the Council for 2019 are as follows: Continuous improvement of the system of administration of the prosecutorial system; Review of the package of Council sub-legal acts and proactive role in the process of functional review of the justice sector; Systematic oversight of the work of prosecutors and prosecution of ces in function of strengthen integrity and accountability; The advancement of the recruitment, transfer, advancement of prosecutors and administrative staff system; Further strengthening the prosecutorial performance assessment system; Consolidation of the new disciplinary system for prosecutors; Increasing transparency and cooperation; 17

18 Increase of professional capacities and practical skills of prosecutors and staff; Advancement of the Secretariat Services of the Council and Strengthening the work processes in the Prosecution Performance Review Unit; 2. Continuous improvement of the system of administration of the prosecutorial system The Council has consistently worked on advancing the prosecutorial system and the results achieved are apparent. In this regard, an important step has been the continuous increase of the budget, which has made it possible to carry out the mandate more competently. Also, the Council has increased the number of prosecutors over 35% compared to the previous three years and has increased the number of support staff signi cantly. Also, the Council has set up a work planning system, and has managed to make reality the oversight of work processes. The Council aims to consolidate and further strengthen the work processes in order to carry out the mandate more professionally, accountably, transparently and effectively. In this regard, it is intended that meetings of the Council are held more often, to be more prepared and every agenda item to go through the consultation process within its committees. This will also be achieved through advancement of the work plans and regular reporting of each committee, drafting policies based on in-depth and high standards. The Council based on these policies will also establish mechanisms for overseeing and realizing the set priorities. Moreover, it will be further invested in improving working conditions and other infrastructure services such as information technology, security system, and advancement of budget and audit processes, including systematic reporting to all responsible units. In particular, the focus for the coming year will be on the full functioning of the Electronic Case Management System (SMIL). 18

19 2019, the Council will improve the infrastructure and working conditions for its administration, the Special Prosecution Of ce, the Basic Prosecution in Gjakova and the other prosecution of ces according to budget needs and possibilities. 3. Review of the package of Council's sub-legal acts The Council has shown visible results in the overall drafting of the sub-legal framework, which has enabled ef cient and transparent work practices to be created and focused on planned and measurable results. However, the continuing change of legislation, as a result of its adaptation to the EU acquis communautaire and the obstacles it has shown in its practical implementation, puts the need for review and amendment of the Council's sub-legal acts. It is therefore intended that through revised sub-legal acts will advance the work processes and increase the ef ciency, effectiveness and accountability of the prosecutorial system. On the other hand, the Council will have a proactive role in legal changes that regulate aspects of the justice system by contributing to concept documents, proposing changes to legal provisions, participation in working groups, scienti c roundtables and similar activities that advance criminal justice and the prosecutorial system especially. In this regard, priority will be the contribution to the process of functional review of the Justice Sector and achievement of the objectives set out in 'Justice 2020'. 4. Systematic oversight of the work of prosecutors and prosecutions in order to strengthen integrity and accountability Accountability is one of the most important elements for a professional, ethical prosecution system and in protecting the highest values of society. Therefore, the Council has consistently engaged in the creation of mechanisms that oversee work processes and respect of norms regulated by sub-legal acts. 19

20 In this regard, the current mechanisms will be strengthened with the aim of conducting regular visits to the monitoring of admission and registration of cases and work in SMIL, the uni cation of work practices, the de nition of policies in order to strengthen accountability and integrity. The Council will make an assessment of the secondary legislation as well as current mechanisms and depending on the ndings will determine the system of oversight of the work of prosecutors and prosecutions, assessing integrity and increasing accountability in order to increase ef ciency, effectiveness and the rule of law and order. Accountability will also be strengthened through proper information and opportunities for prosecutors and administrative staff to take responses to matters governed by Council's by-laws and response to the various ethical dilemmas they may face. In this regard, there will be drafting of guidelines and information meetings on the code of ethics including the establishment of the relevant mechanisms according to acceptable standards. 5. Advancement of the recruitment system, transfer and advancement of prosecutors and administrative staff Recruitment of prosecutors in recent years has been among the Council's top priorities, because has not only increased the number of prosecutors but also to realize credible recruitment processes, credible and internationally accepted recruitment processes, as well as by international monitors of these processes. In this regard, during 2019, the nalization of the current recruitment process of new prosecutors and the proposal for the enactment of candidates for prosecutors will be aimed at the President of the Republic of Kosovo. The Council also plans to analyze the recruitment needs of new prosecutors, based on the need for more prosecutors or lling positions that remain free in the meantime (retirement, etc.). During 2019 the Council will also administer the process of electing Chief Prosecutors for SPRK and the Pristina Basic Prosecution (because the current chief prosecutors are to retire). 20

21 The Council promotes the approach of continuous change and advancement of work processes, so in this regard, the aim is to review the sub-legal framework governing the recruitment process of prosecutors. Also, the Council aims to eliminate the challenge that has long been faced with the large number of old cases and in this regard support will be provided to prosecutors with the largest number of old cases through temporary transfers or other appropriate legal measures. In addition to the abovementioned processes, on a regular basis, the number of prosecutors for each prosecutor will be analyzed with regard to cases at work, and in suitability the transfer and advancement processes will be maintained. This also enables career development for ambitious prosecutors, relying on the results of the work. 6. Further strengthening of the system of performance evaluation of prosecutors The performance evaluation of prosecutors is essential process for further advancing the ef ciency and professionalism of the State Prosecutor's institution. The performance evaluation system is now consolidated which is implemented according to the dynamics established by the respective committee and based on the evaluation deadlines of prosecutors with permanent and initial mandate. Given the established practice, based on the law and the respective sub-legal act, the Council considers that a good basis for further advancement of this system has been established. In this regard, the focus of the next year will be on the assessment of the current system, elaboration of best international practices and proposal for review of this system, which will focus on objectivity, meritocracy and predictability in the evaluation process performance. 21

22 The evaluation process will be consulted and worked jointly with international partners (the representatives of US Embassy, the British Project and the EU Of ce) with the aim of creating an ef cient and sustainable system which supports career development within the prosecutorial system. 7. Consolidation of the new disciplinary system for prosecutors The disciplinary system of prosecutors and support staff although for the Council is considered as the last step to be taken in terms of oversight, accountability and integrity in the prosecutorial system, however, it is considered as a very important and ef cient instrument in terms of building an independent system, impartial and professional, and raising public con dence, but not only. In recent years, the process of disciplining prosecutors is very effective, however, it is necessary to further advance the disciplinary system, in accordance with the provisions of the Law on Disciplinary Responsibility of Judges and Prosecutors, according to which the discipline of prosecutors is the responsibility of the State Prosecutor and the Council, according to a system that enables two-dimensionality for the nal placement including the right to complain. For the implementation of the legislation regarding the disciplinary responsibilities of prosecutors, the Council should issue sub-legal acts de ned by law, apply a new Code of Ethics for prosecutors, to form investigative panels, train members of panels, systematize former Of ce of Disciplinary Prosecutor's staff, to the relevant unit of the Council, and to create all the other necessary mechanisms as de ned by law on disciplinary procedures against prosecutors. 8. Increasing transparency and cooperation The Council considers transparency and communication with the media, public and civil society as the key and guarantor of success for its work. The Council has so far been suf ciently committed to strengthening these components, but we consider that this commitment should be further pursued. 22

23 The Council will continue to make its work transparent through open meetings as well as other forms of communication. Classi cation of documents and access to public documents will be improved by strengthening the implementation of the Regulation on Classi cation of Documents and the Strategy for Communication with the Public ( ). The development of human resources capacities in the eld of public communication and the issuance of guiding practices are the aims of the Council in order to increase the proactive role in communication with the public. On the rst part of the 2019, the Council is planning to develop the concept and conceptual plan based on the technical and professional speci cations for designing and putting into operation the unique portal of the prosecutorial system, which will serve as the main platform from which the information will be disseminated as the source of all parties interested. This portal will create opportunities for interactivity and will serve as a mechanism for greater approchement of the prosecutorial system with the media and the public, in order to have continuity, increase positive public opinion on the work of the prosecutorial system. Co-operation of the Council with local and international institutions is de ned by the Law on Kosovo Prosecutorial Council, other sub-legal acts and relevant strategies. Particular importance will be given ti the cooperation with local and international institutions with which the Council interacts, with particular emphasis on the Kosovo Judicial Council, the Ministry of Justice, the Academy of Justice, the Kosovo Police and the law enforcement agencies. Also, this cooperation will focus on the development of bilateral relations with similar European and World institutions. The Council remains committed to de ning and implementing open and professional co-operation policies with state institutions and other local organizations. The Council aims to preserve and advance existing co-operation with international donors and partners in support of further capacity building within the prosecutorial system, with a focus on increasing the sustainability of donor-funded projects and partners. 23

24 Coordination of work with the donors, institutions and other partners of the justice sector at full reciprocal level will be the focus of work this year. Maximum engagement will also be in the implementation of the obligations arising from European integration processes and any other state obligation. The establishment of a coordinating mechanism would help develop the cooperation, which it contains the necessary staf ng capability for drafting and managing various projects, as well as the preparation of recommendations resulting from projects. 9. Increase of professional capacities and practical skills of prosecutors and staff Positive results in the prosecutorial system cannot be achieved without a high degree of professionalism of prosecutors and support personnel. The importance of training of prosecutors is speci ed in international mechanisms such as in the UN Basic Principles on Judicial Independence, adopted in 1985, and also with Council of Europe acts such as Recommendation No. R (94) 12 on Independence, Ef ciency and the role of judges), adopted in 1994, (European Charter on the Statute of Judges) referred to paragraph 11 of Opinion no. 1 of the Consultative Council of European Judges (CCJE) in In the spirit of these acts are also the Recommendations and Opinions of the Consultative Council of European Prosecutors (CCEP). The Council will establish the necessary mechanisms to support the Justice Academy and the Kosovo Institute for Public Administration (KIPA) which are the responsible authorities for the development and quality of training programs and trainings for training needs assessment, participation in training and exchange programs and creating the infrastructure needed to assess the impact of training. Training programs should be drafted in coordination with the Council or by any other authority responsible for beginning of trainings by the trainners or prosecutors based on Council policies. 24

25 The Council will determine the mandatory orientation rate for continuous training of prosecutors based on their performance as well. The Council will engage for advancing training policy-making processes focusing on developing professional and interdisciplinary competences, and also creating equal opportunities for participation in training for all prosecutors, in order that this participation to be a powerful support for developing professional careers. 25

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29 III. Part three 1. Advancement of the Secretariat Services of the Council The Secretariat of the Kosovo Prosecutorial Council after the successful transformation process has already consolidated its services giveing measurable results. The new Secretariat structure has enabled ef ciency in the work processes increasing the levels of planning, preparation of documents and implementation of works based on its competences. Progress is evident in all phases of the budget process by providing important inputs for decision-making in the respective Committees and the Council itself, for proper planning, accurate budget spending, economizing spending and rigorous monitoring as con rmed by external audits. The Secretariat for 2019 will focus on the following objectives: Increased ef ciency for providing services to the Council, its committees and the Of ce of the State Prosecutor. Advancement of budget planning, procurement, human resources, logistic services and information technology systems; Raising the level of accountability and transparency in the provision of services by the administration of the prosecutorial system; Ef cient development of recruitment processes of administrative staff including their performance assessment; Improving the position of administrative staff; 29

30 All units within the Of ce of the Director will be further strengthened in order to increase the quality of services. The Internal Auditor and the Certi er will increase their dedication and professionalism and intensify activities in function of increasing performance in terms of nancial control. This work plan has determined a large number of acts to be adopted during 2019 as well as a relatively large number of activities in the area of transparency, so the engagement of the Legal Of ce and the Public Communication Of ce will be full during this year, and also will be supported by administrative of cials. In the following year, the Secretariat will focus on strengthening its services in support of the prosecutorial system. In this regard, the work practices will be uni ed in all administrative units of the prosecutorial system through drafting and issuing guidelines, advancing current databases, creating new databases and creating relevant mechanisms in order to increase performance in providing services. 2. Advancement of staff performance, procurement and administration On 2018, the Secretariat has recruited professional administrative staff more than ¼ of the general administrative staff, and has created very good opportunities to support prosecutors in dealing with cases. Signi cant steps have been taken in the digitalization of the working processes in the prosecutorial system and the advancement of logistics and maintenance services. During 2019, additional administrative staff will be recruited to cover all vacant and necessary positions in the prosecutorial system. Further support services will be intensi ed for the Council and its committees as well as better coordination of work with all Prosecutions. Through capital projects we aim to improve the physical infrastructure and working conditions of prosecutors and administrative staff including updating information technology equipment. 30

31 In particular, the Secretariat will work on work planning and administrative support for the Council in the implementation of its legal mandate. The focus will be on improving the planning and implementation of procurement procedures as well as contract management 3. Strengthening the standard for budget planning and implementation, as well as of general services The Secretariat, in order to provide ef cient and effective services to the prosecutorial system, in addition to meeting the needs of staff, will engage in the quality of services under detailed planning. In this regard, the plans and the Standard Operating Procedures, the resources and the approved budget will be used, focusing on their proper use. The Secretariat estimates that good budget planning and implementation is one of the main points for which the engagement of competent personnel should increase, so in this regard there will be increased oversight. This will also be related to increasing the quality of overall services for the work of the prosecutorial system. 4. Ef cient application of information technology in the prosecutorial system Work on the administration of the prosecutorial system during 2019 will rely to a large extent on information technology. As can be seen from this plan, information technology is present in each part and objective, indicating that all activities and processes will be supported by information technology. Therefore, the Secretariat will create all opportunities for the Department of Information Technology in order to achieve the objectives set out not only with this work plan, but also the State Prosecutor's Work Plan as well as the existing and planned strategies for approval during this year. 31

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35 IV. Part four 1. Strengthening the work processes in the Prosecution Performance Review Unit Prosecutorial Performance Review Unit of the Kosovo Prosecutorial Council has increased the accuracy of the statistical data of the prosecutorial system and the drafting of reports through intensive and continuous co-operation with the registry of ces of prosecutions at country level, implementing the mutual con rmation of the system nal statistical reports and harmonization of data with key rule of law institutions. Moreover, it has contributed to the de nition of standard reports within SMIL, which will further increase the transparency of the prosecutorial system and the real-time publication of State Prosecutor's work statistics. In this regard, different analytical reports through comparative analyzes, trends and quality of work are also provided to be accurate and supportive for the Council and the State Prosecutor in the implementation of their mandate. During the last year, the prosecutor's le has also been digitized, which enabed that in the process of recruitment for prosecutors, applications, online admission and all other processes such as transfer, advancement, discipline, performance evaluation, trainings, individual prosecutor's norms and managing the general data for each prosecutor to be made available electronically by increasing the ef ciency and accuracy of these processes. The PPRU for 2019 de nes the following objectives: Continuous Council support in the recruitment, transfer, promotion, prosecution performance evaluation and prosecution administration; Advancement and additional analytical reports drafting for the performance of the State Prosecutor; Advancement of the statistical data system; 35

36 Advancement of the training needs assessment and coordinating the participation of prosecutors in the training; 2. Advancing the drafting of analytical reports through the data collection and processing system In the following year, the PPRU will focus on ensuring that the electronic les of prosecutors' les are fully functional and the main tool for which enables the management of the work processes to be largely in the digital form. It will also focus on monitoring the SMIL's effective implementation by the State Prosecutor through regular visits and detailed reports with ndings and relevant recommendations. There will also be the support to prosecutions in switching from the registration of statistics to physical registers on the electronic platform - SMIL with the establishment of a monitoring system for its functioning. Advances and additional analytical reports on the State Prosecutor's performance and support to the Council's committees in the recruitment, transfer, promotion, prosecution performance evaluation and prosecution processes including assessment of training needs and coordination of development training activities professional capacities of prosecutors and administrative staff. 3. Capacity building to support professional development within the prosecutorial system Developing professional capacities within the prosecutorial system will take maximum engagement of the unit. This will be done by strengthening the role and capacities of the Training Of ce to take a more proactive role in the training needs assessment process, participation in training, recommendations for organizing training, especially in the post-training period, for evaluation the impact of training on the performance of prosecutors and the administrative staff involved in the training. The unit will contribute to the process of drafting training policies, as well as the relevant regulation for building professional capacities in the prosecutorial system. 36

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