Twinning Contract

(1)

European Union Office in Kosovo

Annual Action Programme for Kosovo

¹

for 2014

Twinning Contract

Strengthening Efficiency, Accountability and Transparency of the Judicial and Prosecutorial

System in Kosovo

IPA/2016/377-270

Name of Beneficiary: Italian High Council of the Judiciary (in cooperation with the Italian Ministry of Justice)

Dossier No

KS 14 IB JH 05 R

(for official use only)

1This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo Declaration of Independence

(2)

TWINNING CONTRACT IPA/2016/377-270 - KS 14 IB JH 05 R

The European Union, represented by the European Union Office in Kosovo, with its office at Kosovo street 1, 10000 Pristina, P.O.Box 331, Kosovo, on behalf of and for the account of the Government of Kosovo ("the Contracting Authority")

of the one part, and

the Italian High Council of the Judiciary (Consiglio Superiore della Magistratura – CSM), with its office at Piazza Indipendenza 6, 00185 Rome, Italy, ("the Lead Member State Partner" - MSP), in cooperation with

the Italian Ministry of Justice, with its office at Via Arenula 70, 00186 Rome, Italy,

and

the French Ministry of Justice, with its office at Place Vendòme 13, 75001 Paris, France,

who have conferred powers of attorney for the purposes of the signature of the agreement to the Lead Member State Partner

collectively referred to as “Member State Parties” where a provision applies without distinction to the Lead Member State Partner and the Junior Member State Partner

of the other part, (the "Parties")

have agreed as follows:

(3)

Special Conditions

Article 1 - Purpose

1.1 The purpose of this contract is the award of a Twinning grant, consisting of reimbursement of expenditures, by the Contracting Authority to finance the implementation of the Action entitled: Strengthening Efficiency, Accountability and Transparency of the Judicial and Prosecutorial System in Kosovo ("the Action") described in annex A1.

1.2 The Member State Partner(s) shall be awarded the Twinning grant on the terms and conditions set out in this Contract, which consists of these special conditions ("Special Conditions") and the annexes, which the Member State Partner(s) hereby declares it has noted and accepted.

1.3 The Member State Partner(s) accepts the Twinning grant and undertakes to be responsible for carrying out the Action.

1.4 The Final Recipient of the Action are: Kosovo Judicial Council (KJC) and Kosovo Prosecutorial Council (KPC) as well as Special Prosecution Office in Kosovo (SPRK).

Article 2 – Execution and Implementation period of the Action (legal and work plan duration)

2.1 The execution period of the contract (legal duration) shall enter into force upon the date of notification by the Contracting Authority of the contract signed by all parties. The execution period of the contract shall end 3 months after the implementation period of the Action as stipulated in art 2.2.

2.2 The implementation period of the Action shall take 30 months and shall begin on the date of the arrival of the Resident Twinning Adviser (RTA). His/her arrival has to take place at the latest within one month following the notification of the Twinning contract.

Article 3 - Financing the Action

3.1 The total cost of the Action eligible for financing by the Contracting Authority is estimated at EUR 2,999,424.00, as set out in Annex A3.

3.2 The Contracting Authority undertakes to finance a maximum amount of EUR 2,999,424.00. The final amount shall be established in accordance with Article 17 of Annex A2 except where annex A7 applies. The Action is co-financed as per Annex A3 by the Final Recipient of the Action.

Article 4 - Payment arrangements and technical and financial reporting

4.1 Payment shall be made in accordance with Article 15 of Annex A2 option no. 2, as set out in Article 15.1.

(4)

Initial pre-financing payment: EUR 1,170,506.93

Further pre-financing payment(s): EUR 1,528,974.67

(subject to the provisions of Annex A2)

Balance of the final amount of the Twinning contract

(subject to the provisions of Annex A2): EUR 299,942.40- 4.2 Technical and financial reports shall be produced in compliance with Articles 2 and, 15.1

and 15.3 of Annex A2, using the relevant twinning templates.

The financial section of these reports shall comply with the requirements defined in paragraphs 4, 5 and 6 of Article 15.7 of Annex 2 (requirements for a detailed breakdown of expenditure).

In addition to these reports, the Lead Member State Partner shall send additional interim reports in compliance with article 2.1 of Annex A2 on a quarterly basis. The specific reporting procedure shall follow the provisions spelled out in Annex A7 to this contract.

Article 5 - Contact addresses

5.1 Any communication relating to this Contract shall be in writing, state the number and title of the Action and be sent to the following addresses:

For the Contracting Authority

Payment requests and attached reports, including requests for changes to bank account arrangements shall be sent to:

European Union Office in Kosovo Finance, Contracts and Audit Section Kosovo Street 1 (P.O. Box 331)

10000 Pristina, Kosovo Telephone: +381 38 51 31 200 Fax: +381 38 51 31 305

E-mail: DELEGATION-KOSOVO-FINCON@eeas.europa.eu

Copies of the documents referred to above, and correspondence of any other nature, shall be sent to:

European Union Office in Kosovo Cooperation Section

Attn: Julia Jacoby, Task Manager Kosovo Street 1 (P.O. Box 331) 10000 Pristina, Kosovo

Telephone: +381 38 51 31 286 Fax: +381 38 51 31 305

E-mail: Julia.JACOBY@eeas.europa.eu

(5)

For the Lead Member State Partner

Italian High Council of the Judiciary (Consiglio Superiore della Magistratura – CSM)

Piazza Indipendenza 6 00185 Rome, Italy Contact Person:

Giulio Adilardi

Judge in charge of the International Affairs Commission Telephone: +39 06 44491417

Mobile: +39 338 5332867

E-mail: g.adilardi@cosmag.it ; gadilardi@gmail.com in cooperation with:

Ministry of Justice of Italy (Ministero della Giustizia) Via Arenula, 70,

00186 Rome, Italy Contact Person:

Olga Mignolo

Head of the Office for the Coordination of International Cooperation Telephone: +39 06 68852528

E-mail: olga.mignolo@giustizia.it Ad Hoc Mandated Body:

International Institute of Higher Studies in Criminal Sciences – ISISC (Istituto Superiore Internazionale di Scienze Criminali)

Via Logoteta 27 96100 Siracusa, Italy Contact Person:

Filippo Musca Deputy Director

Telephone: +39 0931 414515 Mobile: +39 346 3733600 E-mail: filippo.musca@isisc.org Junior Partner:

Ministry of Justice of France Contact Person:

Valéry Turcey

Magistrate; Head of the European and International Affairs Office 13, Place Vendòme

75001 Paris, France

Telephone: +33 1 44 86 14 40 Fax: +33 11

E-mail: Valery.Turcey@justice.gouv.fr

(6)

Member State body responsible for implementation:

Justice Coopération Internationale (GIP – JCI) Contact Person:

Cvijeta Jekic

Head of Operations / Acting Director General 217, rue Saint Honoré

75001 Paris, France

Telephone: + 33 1 44 86 06 60 /65 Fax: + 33 1 44 86 03 66

E-mail: cvijeta.jekic@gip-jci-justice.fr

For the Final Recipient of the Action

Beneficiary Country Project Leader Mr. Albert Avdiu

Head of Secretariat of the Kosovo Judicial Council (KJC) Rr.Luan Haradianj Nr. 133

10000 Pristina, Kosovo

E-mail: Albert.Avdiu@rks-gov.net

Beneficiary Country Resident Twinning Advisor Mr. Lavdim Krasniqi

Head of Secretariat of the Kosovo Prosecutorial Council (KPC) Rr. Luan Haradinaj, Ndërtesa e Prokruroisë së Shtetit

10000 Pristina, Kosovo Tel: +381 (0) 38 248 906

E-mail: Lavdim.Krasniqi@rks-psh.org

5.2 The expenditure verification referred to in Article 15.7 of Annex A2 will be carried out by Dott. Aldo Quercio, Viale Epipoli n. 12, Siracusa, Italy, tel. +39 0931 39678.

Article 6 - Annexes

6.1 The following documents are annexed to these Special Conditions and form an integral part of the Contract:

Annex A1: Description of the Action

Annex A2: General Conditions applicable to European Union-financed grant contracts for External Actions

Annex A3: Budget for the Action

Annex A4: Procurement by grant Beneficiaries

Annex A5: Payment request for Twinning contract and financial identification form Annex A6: Terms of Reference for an Expenditure verification of a Twinning

Contract

Annex A7: Special Financial Annex Annex A8: Mandate

Annex A9: Curricula Vitae

(7)

6.2 In the event of conflict between the provisions of the present Special Conditions and any Annex thereto, the provisions of the Special Conditions shall take precedence. In the event of conflict between the provisions of Annex A2 and those of the other annexes, those of Annex A2 shall take precedence.

In case of discrepancies between Article 14 of Annex A2 and Annex A7, the latter shall prevail.

Article 7 - Other specific conditions applying to the Action 7.1 The General Conditions are supplemented by the following:

7.1.1 In annexes A2 to A7:

In case of consortium of Member State Partners, the Member State Partner signing the Twinning contract and leading the consortium is referred to as the Lead Member State Partner.

The term “Beneficiary(ies)” refers collectively to all Member State Partners (MSPs), including the Lead Member State Partner.

The term “Coordinator” refers to the Lead Member State Partner.

When there is only one Member State Partner, the terms Beneficiary(ies) and Coordinator should both be understood as referring to the only Member State Partner.

7.1.2 In article 7.1 and 7.2 of annex A2, the term ’Beneficiary(ies)’ is replaced by ‘the Final Recipient of the Action’. Article 7.2 of Annex A2 applies also to any work done by the RTA(s) and other experts mobilised by the MSP(s) in the performance of their duties related to the implementation of the Action.

7.1. 3²Taxes, including VAT, duties and charges are in principle not eligible for the activities described in Annex A1, in accordance with Article 5 of Regulation (EU) No 236/2014, laying down common rules and procedures for the implementation of the Union's instruments for financing external action.

7.2 The following derogations from the General Conditions shall apply:

7.2.1 By derogation from article 9.4 of Annex A2, changes to the Twinning work plan and budget shall be governed by the procedure spelled out in Annex A7.

7.2.2 In addition to Article 12 of Annex A2:

In case of failure by the Final Recipient of the Action to fulfil any of their obligations under the Twinning Contract, or for any other duly substantiated external reason, the MSP(s) may terminate the Twinning Contract by giving three months' notice in writing to the Final Recipient of the Action, after having informed the CA, the Commission Headquarters and the administrative office of the BC.

2 For IPA II-funded Twinning Contracts, taxes, including Value Added Tax (VAT), customs and import duties and levies and/or charges having equivalent effect and all other costs identified in Article 15 of the IPA II Implementing Regulation No 447/2014 and Articles 28 and 29 of the Framework Agreement between Kosovo and the European Commission on the arrangements for implementation of Union financial assistance to Kosovo under IPA II are not eligible for the activities described in Annex A1.

(8)

In case of failure by the MSP(s) to fulfil any of their obligations under the Twinning Contract, or for any other duly substantiated external reason, the Final Recipient of the Action may terminate the Twinning Contract by giving three months' notice in writing to the MSP(s), after agreement with the Commission Headquarters and after having informed the CA (where the Commission is not the CA) and the administrative office of the BC.

In case of failure by the MSP(s) or by the Final Recipient of the Action to fulfil any of their obligations under the Twinning Contract, or for any other duly substantiated external reason, the CA, after agreement with the Commission (where the Commission is not the Contracting Authority), may halt funding of the Action or terminate the Action by giving three/two months' notice in writing to the MSP(s) and the Final Beneficiary of the Action.

7.2.3. By derogation from Articles 13.3 and 13.4 of Annex A2, the following procedure for settlement of disputes shall apply:

The Parties shall endeavour to settle amicably any dispute or complaint relating to the interpretation, application or fulfilment of this Twinning Contract, including its existence, validity or termination. In default of amicable settlement, any Party may refer the matter to arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration Involving International Organisations and States in force at the date of this Agreement.

The language to be used in the arbitral proceedings shall be English, French or German. The appointing authority shall be the President of the Court of Justice of the European Union following a written request submitted by either Party. The Arbitrator’s decision shall be binding on all Parties and there shall be no appeal.

7.2.4 In accordance with Article 14.3 of Annex A2, eligible costs may also be constituted by unit costs (fee per day worked in the Beneficiary Country and per diems) and flat- rate financing (twinning management costs and 6% of salary and non-wage labour costs for the RTA), as defined in section 3.5 of Annex 7 and in the Common Twinning Manual.

7.2.5 By derogation to Article 14.4 of Annex A2, the first paragraph of Article 14.4 shall not apply.

7.2.6 By derogation to Article 14.5 of Annex A2, the total amount of financing on the basis of simplified costs options as defined in Article 7.2.4 above may exceed EUR 60 000.

7.2.7 Articles 14.6, 14.7 and 14.8 of Annex A2 shall not apply.

7.2.8 By derogation to Article 14.9 h) of Annex A2, salary costs of the personnel of national administrations are eligible to the extent that they relate to the cost of activities which the relevant public authority would not carry out if the Action were not undertaken.

7.2.9 The last sentence of article 15.2 of Annex A2 (extension of the deadline for submission of the final report) shall not apply.

(9)

7.2.10 By derogation to Article 15.4 of Annex A2, the initial pre-financing payment shall be made within 30 days of the date of notification by the Contracting Authority of the contract signed by all parties.

7.2.11 The expenditure verification report of Article 15.7 of Annex A2 is only required for the final payment. The auditor is designated in accordance with legal obligations applicable to the Member State Partners

7.2.12 By derogation to Article 15.7 of Annex A2, a detailed breakdown of expenditure shall be submitted in support of each request for further pre-financing payment. This detailed breakdown of expenditure shall consist in the financial section of the narrative reports produced in compliance with Articles 2 and 15 of Annex A2, provided that this financial section complies with the requirements for a detailed breakdown of expenditure that are defined in paragraphs 4, 5 and 6 of Article 15.7 of Annex A2.

7.2.13 By derogation to Article 15.9 of Annex A2, costs incurred in other currencies are converted in Euro at the rate published by the Directorate General of the European

Commission for Budget, at InforEuro

(http://ec.europa.eu/budget/inforeuro/index.cfm) for the month in which the expenditure is incurred.

7.2.14 A Privacy statement is publicly available on the twinning website at the following address:http://ec.europa.eu/enlargement/pdf/financial_assistance/institution_b uilding/2016/2016-twinning-privacy-statement.pdf

The information contained therein applies to this Twinning contract.

7.2.15 All Twinning partners undertake to facilitate the organisation and conduct of the Twinning review Missions referred to in Article 9 of Annex A1 and described in the Common Twinning Manual.

Done at Pristina in three originals in the English language, one original being for the Contracting Authority, one original being for the Lead Member State Partner and one original being for the Beneficiary Country Administration

For the Lead Member State Partner For the Contracting Authority

Giulio Adilardi Christof Stock

Head of the International Affairs Commission

Italian High Council of the Judiciary (Consiglio Superiore della Magistratura – CSM)

Head of Cooperation Section European Union Office in Kosovo

Signature: Signature:

Date: Date:

(10)

(11)

ANNEX A1

Description of the Action

TWINNING WORK PLAN

The Administration of Kosovo (hereinafter referred to as the BC) represented by Mr.

Albert Avdiu, Head of Secretariat of the Kosovo Judicial Council, BC Project leader, of the one part,

and the Italian High Council of the Judiciary (hereinafter referred to as the Member State) represented by Mr. Giulio Adilardi, Head of the International Affairs Commission, MS Project leader,

of the other part

HAVE AGREED THE FOLLOWING WORK PLAN WHICH THEY UNDERTAKE TO IMPLEMENT JOINTLY:

ARTICLE 1. BACKGROUND

1. 1. BC policy developments in the sector

According to the European Commission Report of 2015, the Kosovo’s judicial system is at an “early stage of developing a well-functioning justice system”. Indeed, some important progresses have been made over the past year through the adoption of the package of four laws (Law on Kosovo Judicial Council, Law Kosovo Prosecutorial Council, Law on Courts, Law on State Prosecutor).

Although the above-mentioned four laws governing the justice sector have been revised in order to address legal loopholes, conflicts and non-compliance with international standards, both Councils still need to boost their capacities to analyse the effectiveness of the legal framework, ensure legal coherence, carry out policy analysis and develop and reasoned policy options.

(12)

As the EC report on Kosovo highlighted, the Kosovo’s judicial system should focus, in the next coming years, on the following aspects: (1) implement the justice package, including timely adoption of any secondary legislation; (2) step up financial and human resources to the judicial sector to ensure the proper functioning of the judicial system; (3) ensure lawful and timely appointments in critical institutions, such as the Kosovo Judicial Council (KJC) and the Kosovo Prosecutorial Council (KPC); (4) further reduce the backlog of cases.

Indeed, according to the findings of the 2015 Kosovo Report, further assistance is needed to increase the capacity of the members of the Councils and to ensure that the new procedures established recently are correctly implemented. Therefore, please find below more specific details with regards to the measures that should still be endorsed by the justice system.

1) Composition, structure and capacity building of the Councils/members of the Councils

Under the Constitution, the Kosovo Judicial Council (KJC) and the Kosovo Prosecutorial Council (KPC) are responsible for ensuring the independence and impartiality of the judiciary. Both Councils have a mixed composition. In the KJC, five out of thirteen members are elected by the members of Kosovo’s judiciary and eight members are appointed by the Kosovo Assembly. This results in strong political interference and jeopardises the independence of the judiciary. This has not changed with the new law as it would require amending the Constitution. At the KPC, five out of nine members were elected by prosecutors, whilst the other three were non-prosecutors elected by the Council itself, and one member was ex officio – the Minister of Justice. The new law sets out a new composition, raising the number of members from nine to thirteen, ten of whom are to be elected by their peers and three by the Assembly.

In addition, the recruitment of judges and prosecutors from minority communities needs to be improved by adopting a pro-active long-term approach.

Moreover, the budget planning, monitoring and reporting capacity of the Councils should be improved and a more effective decentralization of the budget's management put in place. Under the new law, from 1 January 2016, the KPC is be able to control its own budgetary resources. All meetings of the KJC and the KPC are open to the media and the public. Both Councils draw up and approve annual reports on their work, as provided for by law, but their internal reporting mechanisms still need to be improved.

2) Constitutional power for the Councils to adopt regulations and judicial review of regulations

The KJC and the KPC experienced significant delays in approving strategic documents, regulations and other decisions or acts. There is still not enough capacity to draft regulations and take decisions in full compliance with the hierarchy of normative acts.

There is a lack of capacity within the KJC and the KPC to monitor the implementation of their decisions.

(13)

3) The appointment system is considered as another priority area with regard to sustainability

Under Kosovo’s Constitution, the President of Kosovo appoints judges and prosecutors for an initial three-year term, at the proposal of the KJC and the KPC respectively. The entry exam for judges and prosecutors is based on merit. The new laws foresee an obligatory initial training for both judges and prosecutors after they have been appointed.

The performance evaluation of prosecutors with a permanent mandate should be carried out by the KPC every third year, but has experienced significant delays. The evaluation of judges is carried out by the Commission for Evaluation of Judges and has proceeded as planned. To date, most judges and prosecutors that were evaluated have passed; only one judge was not proposed for permanent appointment. Merit-based performance criteria and an evaluation system within the initial term of appointment, including at the end of the initial training, need to be adopted to ensure professionalism.

4) Career development tools and capacity (i.e. by laws regarding transfer and promotion, harmonization of the by-laws, which relate to career development, training monitoring and promotion.

Oversight and career development mechanisms, which allow a more effective guidance and monitoring of the work of judges and prosecutors, including chief prosecutors and presidents of courts should be further developed. The Kosovo Judicial Institute (KJI) is responsible for initial and continuous training.³ However, the new laws give the KJC and KPC more responsibilities with regard to policy planning and organisation of the training courses.

5) The disciplinary system for judges and prosecutors in Kosovo still needs a very serious revision on a legislative level in order to ensure the compliance of the disciplinary system with the relevant international standards

A code of ethics for judges, prosecutors and attorneys is in place. The KJC and the KPC are responsible for disciplinary proceedings. Further provisions on disciplinary proceedings need to be adopted, such as a law on the Office of the Disciplinary Counsel/Prosecutor (ODC/ODP) and provisions on the judicial review of disciplinary decisions taken by the Councils.

6) Professional administration of courts and prosecution offices

Focus should be on an efficient division of labour between judges, prosecutors and administrative staff, which allows judges and prosecutors to focus on adjudication and drafting of legal acts/orders while substantive legal and procedural decisions should not be left to administrative staff. The court efficiency must be improved through a review of

3A key legislation that is still to be adopted is the Draft Law on Kosovo Judicial Academy that is approved by the Cabinet. As it should have been endorsed by the Parliament on 29/02/2016, it can be expected to be adopted soon,

(14)

the case allocation and weighting system and objective workload models. Work on a centralised Case Management System with Norwegian funding is on going, Based on the NCCR Regulation (April 2015) and the Law amendments of the LKJC on 28 May 2015, the establishment of the National Centralized Criminal Record system (NCCR system), which has been a condition during the visa liberalisation process, requires a strong centralised, computerised, organised, secure system. A pilot has started from July 10 until September 10, 2015 with the population of data of the Basic Court of Pristina into the NCCR system in order to draw first conclusions and recommendations for the further development. The NCCR’s software, however, needs to be revised and adapted to the legal framework in force in order for all applicable laws, punishments and personal data requested by the Laws and by the KJC’s Regulation to be included in the software;

7) SPRK

The Special Prosecution Office (SPRK) was established by the United Nation Mission in Kosovo (UNMIK) in 2006, through an UNMIK Regulation and is composed of 15 local prosecutors, including one prosecutor from a non-majority community, and around 15 international EULEX Prosecutors. The SPRK is composed of the a) organized crime, and financing terrorism, b) corruption and money laundering and c) war crimes units.

With the latest EULEX mandate review the position of the SPRK Chief Prosecutor has been reserved to a local Prosecutor (while the position of the deputy head of SPRK is reserved for EULEX prosecutor), who will remain in charge of the overall administration and supervision of the Office. Further to this, the EULEX mandate is currently under discussion and might be revised by June 2016. In any case, further assistance will be needed to strengthen the SPRK capacities regarding its managerial system, in particular with regards to case assignment, case allocation and case handling procedures. Training prosecutors and administrative staff in the structural process but also specialised subject trainings in fighting organised crime are required. There is need to further develop close cooperation and exchange of information, experience, and increase participation to joint investigation with law enforcement agencies and other institutions in Kosovo. Equally, SPRK has to ensure cooperation with other countries on conducting common investigation, both internationally and regionally. In order to further a EU comprehensive approach, close coordination with EULEX advisors will need to be sought.

1. 2. Beneficiary institutions and other parties involved

Spell out the ministries and agencies of the BC, which will participate in and benefit from the project. Indicate the contact person in each of the beneficiary institutions, as well as the contact details.

1) Direct beneficiaries for this project are:

 Kosovo Judicial Council (KJC) – Mr. Albert Avdiu, Head of Secretariat of the Kosovo Judicial Council, BC Project Leader

 Kosovo Prosecutorial Council (KPC) – Mr. Lavdim Krasniqi, Head of Secretariat of the Kosovo Prosecutorial Council, BC Resident Twinning Advisor

(15)

 Special Prosecution Office (SPRK) – Mr. Elez Blakaj, Prosecutor for War Crimes, Special Prosecution Office

2) Other relevant stakeholders (indirect beneficiaries) for this project are:

 Ministry of Justice;

 Ministry for European Integration

The secondary target group (and indirect beneficiaries) who stand to gain from the improved functioning of the two Councils include all bodies and persons belonging to the judicial and prosecutorial systems in Kosovo.

For instance, the Ministry of Justice developed a document in April 2011 listing its priorities for the period 2011-2014, which refers to six main issues, namely: the coordination of the justice system (e.g. full cooperation with the Councils is foreseen, enhancing their work); legislative initiatives (e.g. law on protection of witnesses, criminal code and criminal procedure, law on obligations etc.); functioning and structuring of courts and prosecutor offices (refers to the restructuring of the overall court system under full respect of the independence of KJC/KPC).⁴

The tertiary target group and ultimate beneficiary of the Project is the Kosovo’s civil society, which requires qualified legal professionals and an independent and well- managed court and prosecutorial system in order to promptly adjudicate cases in accordance with applicable jurisprudence and ensure the rule of law. Improved transparency and more efficient data management of KJC and KPC will also enable watchdogs from civil society to support the reforms through independent monitoring and follow up.

1. 3. Parallel or related projects in the field 1) Structural mechanisms of coordination

Rule of Law is a wide policy area with a substantial number of national and international stakeholders, which makes coordination and cooperation particularly challenging in order to avoid overlapping and duplication.

Despite the diminishing number of donors active in Kosovo, the international donor community is still very present: the European Union is the main donor (EULEX), followed by the United States of America and Germany. Other Member States active are:

the United Kingdom, France, Sweden, Austria, the Grand Duchy of Luxembourg, Belgium, Italy and the Netherlands. The donor community in Kosovo also includes Switzerland, Norway, Japan, and Turkey. IFIs active in Kosovo are: the European Investment Bank (EIB), the World Bank (WB), the International Monetary Fund (IMF), the Kreditanstalt fur Wiederaufbau (KfW), the Council of Europe Development Bank

4 Support to the Kosovo Judicial Council and to the Kosovo prosecutorial Council, Final Report, March/April 2016, p.17.

(16)

(CEB) and the European Bank for Reconstruction and Development (EBRD). In addition to IPA, Kosovo receives EU assistance also through the European Instrument for Democracy and Human Rights (EIDHR) and the Instrument for Stability (IfS).

Coordination with IPA assistance is ensured by the EU Office in Kosovo.

As coordination remains a challenge and a number of new Projects are starting their implementation this year, proactive information sharing and coordination will be a priority for the EU Office, which hosts bi-monthly coordination meetings with EU Member States and other bilateral and multilateral donors (US, UN agencies etc.). Close cooperation has been developed with EULEX on EU assistance provided to the rule of law sector. However, this task is not only up to the donor community, but an absolute obligation for Kosovo institution(s).

In this regard, Kosovo has adopted a Regulation on coordination of foreign donors' assistance in Kosovo, which entered into force in July 2015. Within the government, the Ministry of European Integration is responsible for coordinating donor assistance. The Aid Management Platform, established with EU support, is used as a main tool for monitoring of donor activities.

For the above-mentioned reasons, the Twinning Consortium aims at supporting structural mechanisms of cooperation, coordination and information among different donors in order to ensure a more long-term, coherent and sustainable approach, as well as to eliminate duplication of effort and bring greater efficiency and effectiveness.

Therefore, it should be considered to establish a working group with all major representatives of stakeholders/projects. On the one hand, these “monthly-donors coordination meetings” will provide an opportunity to make strategic decisions, as well as to develop synergies between the different stakeholders and, on the other hand, they will be regularly informed of the current state of the Projects, avoiding overlapping between the different activities. Furthermore, representatives from other key donors can be invited to the technical discussions in the Steering Committee, where appropriate.

2) Projects in the same field

Under the IPA 2014 programme, the twinning Project “Support to the Kosovo Judicial Council and to the Kosovo Prosecutorial Council”, which ended in April 2016, aimed at supporting both Councils with the purpose to develop and strengthen their independence, performance, professionalism and efficiency to the level of European standards. Also, the Project provided strategic support to develop their organizational capacities and professional capabilities to execute their mandates according to the new relevant legislation. Therefore, the Catalogue of Recommendations provided by this Project represents a key reference document for the development of the “Strengthening efficiency, accountability and transparency of the judicial and prosecutorial system in Kosovo” Twinning Project.

Under the IPA 2015 programme, a Project will be initiated to support the establishment of the National Centralized Criminal Record System (NCCR). This Project shall

(17)

bridge any gaps in the preparation of the full functionalization and improvement of the NCCR and cooperate closely during the implementation phase.

Furthermore, a current EU funded Project “Strengthen the judiciary system by supporting free legal professions and legal education reform” is supporting the legal education reform, by building a legal research centre, by developing an internship programme for judges, prosecutors and court administrators, as well as by developing a training curriculum for court and prosecution office administrators.

In addition, the European Union Rule of Law Mission in Kosovo (EULEX) is the largest civilian mission ever launched under the Common Security and Defence Policy (CSDP). The central aim is to assist and support the Kosovo authorities in the rule of law area, specifically in the police, judiciary and customs areas. It is a technical mission, which monitors, mentors and advises whilst retaining a number of limited executive powers, e.g. with regard to the Special Prosecution Office of Kosovo (SPRK). The task of this institution is to deal with cases of very sensitive matters, namely cases related to War Crime and Terrorism, Financial Crime and Corruption and Organized Crime.

Also, the United States Agency for International Development (USAID) is assisting in the establishment of a sustainable, effective and independent judiciary. Through its Justice Support Program, USAID works to strengthen the judiciary while contemporaneously increasing the public's trust in the system. Improving the administration of courts and professionalism of staff, USAID has introduced a "model courts" program, designed to assist in the implementation of new reforms in Kosovo's court administration. The USAID funded Effective Rule of Law programme aims to strengthen the operational capacity of the justice sector institutions including the courts, the Kosovo Judicial Council, the Ministry of Justice and the Kosovo Judicial Institute.

A Case Management System (CMS) is being developed and introduced to courts and prosecutions funded by the Norwegian Government, which is expected to be in place in 2017. However, there is no e-Justice Reform in place to provide IT orientation for the justice system. Any initiative to develop an e-Justice reform should be in close coordination with other RoL stakeholders.

The Council of Europe Horizontal Facility, in 2016 and 2017, will also work with the European Commission for the Efficiency of Justice (CEPEJ) in order to strengthen the Kosovo court management. At the beginning of the programme implementation, the CEPEJ will carry out a comprehensive evaluation of the functioning of the justice system of Kosovo. On this basis, and after due consultation with all the stakeholders, the CEPEJ will implement in Kosovo court-coaching programmes aiming at improving the management of each individual court (bottom-up approach), on the basis of the SATURN time management guidelines. A first CEPEJ court coaching programme is currently being implemented with the Basic Court of Pristina (BCP) (July 2015-March 2016), and 15 preliminary recommendations have been issued to date. This type of detailed recommendations to the authorities of Kosovo will aim to improve the efficiency and the quality of the justice system. At the same time, it will also feed the work of the Ministry of Justice, which plans to draft a comprehensive Rule of Law strategy to improve the

(18)

performance and accountability of its justice system.

European Instrument for Democracy and Human Rights (EIDHR) grant contract to local NGO for Court Monitoring. During 2012, the EU provided financial assistance worth almost €0.9 million to five projects implemented by civil society organizations in Kosovo under EIDHR. The issues dealt with by the projects cover women empowerment, LGBTI rights, measures against domestic violence and help for people with disabilities, including assistance for blind people.

National Programme for Implementation of the Stabilisation and Association Agreement (SAA), March 2016. According to obligations and requirements of the EU accession process deriving from the SAA (Art. 83), it is required to intensify the cooperation with the EU in the area of judiciary, focusing on strengthening the institutions with the view to consolidate the rule of law by strengthening the independence, impartiality and accountability of the judicial system. Cooperation will focus in particular on the administration of justice, developing adequate structures of courts and prosecutions, and other judicial bodies, to adequately prepare them for cooperation in civil, commercial and criminal matters and to enable them to effectively prevent, investigate, prosecute and adjudicate organized crime, corruption and terrorism.

Therefore, according to the Feasibility Study for an SAA, Kosovo must meet the midterm criteria in the area of judiciary. First it is required to improve the independence, effectiveness, accountability and impartiality of the judiciary, ensuring the allocation of sufficient budgetary and human resources to implement the judicial reform. Second, it s required to consistently apply the security measures for judges, prosecutors, supporting staff and witnesses. Third, it is required to build the capacities of judges, prosecutors and supporting staff. Fourth, it is required to complete the process of selection of judges and prosecutors as well as the number of vacant positions for minorities, as provided by law.

ARTICLE 2. ACQUIS - PROJECT FICHE FIELD OF COOPERATION WITH THE EU

Since 1999, the European Union has been an integral part of the international effort to build a new future for Kosovo. While it initially focused on emergency relief actions and reconstruction, it now concentrates on fostering Kosovo’s development of stable institutions and sustainable economic development and ensuring Kosovo’s European future.

The Instrument for Pre-accession Assistance (IPA) is the main financial mechanism to provide EU support to the beneficiaries in implementing reforms with a view to EU to converge with EU legislation or best practice. As of 2007, it replaced previous programs such as the PHARE, ISPA, SAPARD and CARDS. Unlike the previous assistance programs, IPA offers funds to both EU candidate countries (Albania, The former Yugoslav Republic of Macedonia, Montenegro, Serbia, Turkey) and potential candidates (Bosnia and Kosovo). While Bosnia-Herzegovina has formally submitted an application

(19)

for membership, Kosovo has a Stabilisation and Association Agreement (SAA) with the EU, which generally precedes the lodging of membership application.

The financial assistance under IPA II (covering the period 2014-2020) pursues the following four specific objectives: (a) support for political reforms; (b) support for economic, social and territorial development; (c) strengthening the ability of the beneficiaries to fulfill the obligations stemming from Union membership by supporting progressive regional integration and territorial cooperation; (d) strengthening regional integration and territorial cooperation.

Furthermore, the IPA II Regulation states that financial assistance shall mainly address five policy areas: (a) reforms in preparation for Union membership and related institution and capacity building; (b) socio-economic and regional development; (c) employment, social policies, education, promotion of gender equality, and human resources development; (d) agriculture and rural development, and; (e) regional and territorial cooperation.

Reforms in the rule of law and fundamental rights sector are a key strategic priority for pre-accession assistance to Kosovo because of their political significance for the enlargement process and relevance to a favorable environment for economic growth.

Given their importance for EU approximation process, judicial reform and the fight against corruption and organized crime and drugs trafficking will continue to be considered strategic priorities. The same applies to efforts to enhance human rights and support to the inclusion of non- majority communities and vulnerable groups.

Therefore, Kosovo has developed a large number of strategies and action plans for the rule of law sector, including the Strategy and Action Plan for the Fight against Corruption 2013-2017, the National Strategy against Organised Crime, the Strategy for Communities and Returns (2009- 2013, 2014-2018 under preparation), and the Strategy for the Integration of Roma Ashkali and Egyptian Communities (RAE) in Kosovo 2009-2015, and others. In May 2014 Kosovo adopted its Rule of Law Assistance Strategy, which will be the basis for the development of donor support to the sector for the period 2014-2019.

The focus for Kosovo in the rule of law now needs to be on the implementation of strategies, action plans and legislation, to show results of the fight against organised crime and corruption, and to ensure independence of the judiciary.

Assistance provided under IPA I (2007-2013) helped Kosovo improve the approximation of laws and the coherence of its legal framework. Support has been provided to the Kosovo Judicial and Prosecutorial Councils as well as to the areas of juvenile justice and international legal cooperation. IPA I also supported legal education reform and the improvement of training of interpreters and translators in the judicial sector and legal linguists. In a countrywide vetting and re-appointment process all judges and prosecutors in Kosovo have been evaluated and selected based on merit. Key criteria included professional qualifications and experience, as well as professional and personal integrity.

Correctional services have been strengthened thanks to IPA I support through the construction of a high security prison (open early 2014) and a forensic institution to provide care for mentally ill prisoners.

(20)

IPA II contributes and will contribute to the creation of an accountable, independent and efficient judicial system which is aligned to EU legislation and best practice, and enhance the capacities to prevent, investigate, prosecute and convict cases of organised crime and corruption. It will also support effective implementation of the legal framework for the protection of human rights and protection of minorities, including the creation of sustainable livelihoods and durable integration into Kosovo society for returnees, IDPs and refugees wishing to settle in Kosovo.

Indeed, the Indicative Strategy Paper for Kosovo, adopted on August 20^th, 2014 by the European Commission after consultations with the beneficiary country, sets the strategy and priorities for the coming seven years to sustain Kosovo’s institutions in fulfilling its European perspective.

Until 2020, Kosovo should provide substantial investment to significantly improve the independence, effectiveness, accountability and impartiality of the judiciary. Access to justice will have to be enhanced, in particular for non-majority communities and vulnerable groups (including in northern Kosovo). Another important objective is to improve the capacity and mechanisms to implement legislation and strategies and to enforce judicial decisions. For Kosovo to reach these objectives, IPA II will continue to provide assistance for the approximation of the legal system to EU standards through capacity-building, advising and monitoring of judicial institutions. EU assistance will also support judicial education and training in all official Kosovo languages. Supporting Kosovo's economic development, competitiveness and growth in a comprehensive manner will also require support in the area of civil justice, including commercial and taxation courts. Capital investment with a direct effect on access to courts, delivery of justice and independence and impartiality of the judiciary will also be considered. IPA II will also continue to support the Kosovo correctional service. Improving security in prisons and increasing safety of staff, prisoners and the general public will require considerable assistance. Further support will also be needed for vulnerable prisoners, the rehabilitation of offenders and prison administration.

(21)

ARTICLE 3. MANDATORY RESULTS (OUTPUTS)

T WINNING PROJECT ON

Strengthening efficiency, accountability and Transparency of the Judicial and Prosecutorial System in Kosovo

General Objective Objectively Verifiable Indicators Sources of verification Contribute to the Rule of Law

in Kosovo by strengthening the independence, efficiency, quality and accountability of judiciary and prosecutorial system

 Judiciary/prosecutorial system strengthened and improved

 Conclusions of SAPD meetings and SAA reports

 EU Annual Progress Report on Kosovo

 OSCE and Council of Europe reports

 Visa Liberalization reports

 Reports from civil society organizations on Kosovo judiciary

Specific Objectives Objectively Verifiable Indicators

Sources of verification Assumptions

Increase the efficiency, transparency and the

sustainability of the judicial system by improving the planning and implementation of judicial/prosecutorial reforms, and enhancing the

 Number of developed and approved policies enabling judicial reform in Kosovo

 Kosovo’s ranking in the Global Integrity Report (Category VI-3)

 Global Integrity Report

 Government conclusion

 Annual Corruption Perception Index of TI

 Relevant IPA projects quarterly reports, and ad hoc reports of other international organizations

 Government of Kosovo continues to support reforms in the justice system in its entirety

 Political will to strengthen the Rule of Law sector

 Both EU and Kosovo

(22)

effectiveness of Judicial and Prosecutorial Councils in Kosovo, including the Special Prosecutors Office in Kosovo

 EU country reports

 KJC reports

 KJC statistics

 KPC reports

 Special Prosecution statistics

 Publication of new regulations

 Missions/experts reports

 New Memoranda of Understanding (MoUs)

 Relevant IPA projects quarterly reports, and ad hoc reports of other international organizations

remain firm on path of EU integration

 The process is not disrupted by external developments (regional conflict, inter-national financial crisis)

 Sufficient resources (both human and material resources)

 Commitment by the government at central and local level

Results Objectively Verifiable

Indicators Sources of verification Assumptions

Result 1: Increased

efficiency, accountability and transparency of the judicial and prosecutorial system in Kosovo

Prosecutorial and Judicial Council’s efficiency and accountability have been

improved (Sub-

Component 1.1)

A clear mechanism for career development of judges and prosecutors is

 Human resources regulations are revised, transparent and effective

 Enrolment of judges and prosecutors, including minorities, and non-judicial staff within judiciary and prosecutorial system improved

 A Court Process Review is conducted and recommendations for process improvements produced

 MoUs between the two Councils and other relevant stakeholders

 EC Annual Country Reports

 KJC and KPC decisions

 KJC and KPC yearly reports

 Publishing the regulations on human resources

 By-laws adopted

 New MoUs adopted

 Training needs and capacities reports

 Training curricula

 Training materials

 Number of prosecutors and judges from minority groups

 Resources are available

 Political willingness to approve the policies and the draft documents

 Willingness of all stakeholders to sign the MoUs

 Effective communication and active participation of all stakeholders

 Continuous commitment and cooperation of all stakeholders

(23)

effectively implemented by the Judicial and Prosecutorial Councils (Sub-Component 1.2)

The efficiency and the accountability of the newly established court and prosecution system have been improved (Sub- Component 1.3)

The coordination between the KJC and KPC is improved, as well as the cooperation with the Ministry of Justice and other relevant institutions (Sub-Component 1.4)

 Recommendations on the Court Process Review

 Inclusion of relevant partner institutions

Result 2: Enhanced the capacities of the Special Prosecution Office in Kosovo (SPRK)

The managerial system of the SPRK, as well as the in-service training for the

prosecutors and

administrative staff are

enhanced and

implemented (Sub-

 The managerial system of the SPRK and the in-service training for the prosecutors and administrative staff are implemented

 Number of modern and effective investigations utilizing specific investigative tools

 MoUs regulating inter-institutional cooperation with relevant RoL institutions and other relevant counterparts

 EC Reports, Council of Europe and OSCE Reports

 Special Prosecution statistics

 Regulations on criminal policies

 Publication of work

progress/indictments (number of placements of copies of approved indictments on website, etc.)

 New MoUs adopted

 Training needs and capacities reports

 Training curricula

 Resources are available

 Willingness of the authority to train Kosovo staff and to approve the policies

 Political willingness to approve the policies and the draft documents

 Willingness of all stakeholders to sign the MoUs

 Political will to strengthen

(24)

Component 2.1)

The capacities to

implement inter-

institutional, regional and international cooperation is strengthened (Sub- Component 2.2)

 Training materials

 Number of prosecutors from minority groups

inter-institutional, regional and international cooperation

 Continuous commitment and cooperation of all stakeholders

 Inclusion of relevant partner institutions

Component 1: To increase efficiency, accountability and transparency of the Judicial and Prosecutorial system in Kosovo Sub-component 1.1: To improve of the Judicial and Prosecutorial Councils’ efficiency and accountability

Activity 1.1.a: To improve of the Judicial Council’s efficiency and accountability Activities Objectively verifiable indicators

(OVI) Sources of verification Assumptions

Improvement of the existing legal/regulatory framework of the KJC

 The assessment of the existing framework was completed

 The follow up on the budget planning procedure was completed

 New provisions were drafted and approved

 The validation seminar took place

 Assessment draft

 Follow up draft

 New provisions draft

 Seminar report

 Mission report of the experts

The willingness of Kosovo authorities to approve the provisions draft

Strengthening the

management capacities of the KJC (procedures, work flow, managerial structures)

 The one-week study visit to France for all members of the KJC was completed

 The two-day workshop took place

 The three-day pilot training on the

 Flight tickets, accommodation invoice

 Participants to the study visit report

 Workshop conclusions

Kosovo authorities agreement for the study visit

(25)

provisions provided by the Manual for Budget Planning for 13 KJC members was implemented, by respecting gender inclusion and proportionality

 Training material

 Presence sheets of the trainings

 Evaluation sheets of the trainings

Support the working capacity

of the members of the KJC  The round table took place

 The three-day pilot training for 13 KJC members was implemented, by respecting gender inclusion and proportionality

 The three-day training for 13 KJC members was implemented, by respecting gender inclusion and proportionality

 Round table conclusions

The willingness of Kosovo authorities to endorse the training material

Support the working capacity of the Secretariat staff of the KJC

 The round table took place

 The three-day pilot training for 20 Secretariat Staff of the KJC was implemented, by respecting gender inclusion and proportionality

 The three-day training for 20 Secretariat Staff of the KJC was implemented, by respecting gender inclusion and proportionality

The willingness of Kosovo authorities to approve the training material

Implement, monitor and

(26)

evaluate the short-, mid- and long-term strategic plan

 The 2014-2019 KJC Strategic Plan was implemented, monitored and evaluated

 The work of the Strategic Plan Office (SPO) and of the Monitoring Working Group (MWG) was assessed

 Strategic Plan evaluation and recommendations

 Assessment of the work of the SPO and of the MWG

 Seminar report

The willingness of Kosovo authorities to approve the recommendations

Develop and implement the Human Resource Strategy

 According to the existing Draft Human Resource Strategy, proposals for new provisions were drafted and adopted

 The Human Resource Strategy is developed and implemented

 Publication of the Human Resource Strategy

 Seminar report

The willingness of Kosovo authorities to approve the new provisions, as well as the Human Resource Strategy

Traineeship in Italy  The one-month traineeship to Italy for 2 members of the KJC was completed

 Traineeship reports

Kosovo authorities agreement for the traineeship

Support the capacity of the members and of the

Secretariat staff of the KJC to work in synergy for the fulfillment of their functions

 The analysis of gaps was completed

 The two-day workshop took place

 Analysis of gaps document

 Workshop presence sheet

 Workshop final report

The willingness of Kosovo authorities to approve the content of the workshop

Design a mechanism for a better communication between the KJC and the

 The assessment of the

communication procedures was drafted

 Joint workshops presence sheet

The willingness of Kosovo authorities to approve the new provisions

(27)

Courts  Proposal for new provisions were drafted and approved

 Joint workshops (two days) took place

 Joint workshops final report

 Mission report of the experts The willingness of Kosovo authorities to approve the content of the joint workshops

Effective implementation and functioning of the National Centralized Criminal Record Database (NCCRD)

 Assessment of the legal framework

 Analysis of the needs in terms of internal regulations in line with the Visa Liberalization and SAA objectives

 The round table took place

 The three-day pilot training for 3 NCCR Office Staff of the KJC was implemented, by respecting gender inclusion and proportionality

 The three-day training for 3 NCCR Office Staff of the KJC was

implemented, by respecting gender inclusion and proportionality

 Follow-up report

Development of IT tools to enhance the efficiency of communications between the KJC and Courts and between KJC and public

 Assessment on current needs was drafted

 Development of and training (three days) on the use of IT tools for internal and external

communications

 Presence sheet of the training

 Evaluation sheet of the training

Activity 1.1.b: To improve the Prosecutorial Council’s efficiency and accountability

Activities Objectively verifiable indicators (OVI) Sources of verification Assumptions

(28)

Improvement of the existing legal/regulatory framework of the KPC

The assessment of the existing framework was completed

The follow up on the budget planning procedure was completed

New provisions were drafted and approved

The validation seminar took place

 Follow up draft

 Seminar report

The willingness of Kosovo authorities to approve draft provisions

Strengthening the

management capacities of the KPC (procedures, work flow, managerial structures)

The one-week study visit to Italy for all members of the KPC was completed

The two-day workshop took place

The three-day pilot training for 13 KPC members was implemented, by

respecting gender inclusion and proportionality

 Participants to the study visit report

 Workshop conclusions

Kosovo authorities agreement for the study visit

Support the working capacity

of the members of the KPC The round table took place

The three-day pilot training for 13 KPC members was implemented, by

respecting gender inclusion and proportionality

The three-day training for 13 KPC members was implemented, by respecting gender inclusion and proportionality

(29)

Support the working capacity of the Secretariat staff of the KPC

The round table took place

The three-day pilot training for 20 Secretariat Staff of the KPC was implemented, by respecting gender inclusion and proportionality

The three-day training for 20 Secretariat Staff of the KPC was implemented, by respecting gender inclusion and proportionality

Support a functional organization chart of the KPC

The chart was completed

The job description were drafted

The chart was published on the website

The three-day pilot training for 10 Secretariat Staff of the KPC was implemented, by respecting gender inclusion and proportionality

 Chart developed and published

 Job description draft

 Presence sheet of the training

 Evaluation sheet of the training

The willingness of Kosovo authorities to approve the chart and draft of the job description

Implement, monitor and evaluate the short-, mid- and long-term strategic plan

The 2014-2016 KPC Strategic Plan was implemented, monitored and evaluated

The Strategic Plan Office (SPO) and the Monitoring Working Group (MWG) were developed

 Strategic Plan evaluation and recommendations

 Development of the SPO and of the MWG

 Seminar report

The willingness of Kosovo authorities to approve the

recommendations

(30)

Develop and implement the Human Resource Strategy

According to the existing Draft Human Resource Strategy, proposals for new provisions were drafted and adopted

The Human Resource Strategy is developed and implemented

 Publication of the Human Resource Strategy

 Seminar report

The willingness of Kosovo authorities to approve the new

provisions, as well as the Human Resource Strategy

Traineeship in France The one-month traineeship to France for 2 members of the KPC was completed

 Traineeship reports

Kosovo authorities agreement for the traineeship

Support the capacity of the members and of the

Secretariat staff of the KPC to work in synergy for the fulfillment of their functions

The analysis of gaps was completed

The two-day workshop took place

 Analysis of gaps document

 Workshop presence sheet

 Workshop final report

The willingness of Kosovo authorities to approve the content of the workshop

Design a mechanism for a better communication between the KPC and the Prosecution Offices

The assessment of the communication procedures was drafted

Proposal for new provisions were drafted and approved

Joint workshops (two days) took place

 Joint workshops presence sheet

 Joint workshops final report

The willingness of Kosovo authorities to approve the new provisions

The willingness of Kosovo authorities to approve the content of the joint workshops

Development of IT tools to

enhance the efficiency of Assessment on current needs was drafted

 Assessment report

 Training material The willingness of Kosovo authorities to