Kosovo's lawyers better equipped to handle legal reforms

Kosovo's legal reform

Since 1999, Kosovo has undergone a challenging period of legal reform due to a number of UNMIK regulations and new Kosovo Assembly laws. The May 2001 Constitutional Framework for Provisional Self-Government in Kosovo made international human rights instruments such as the European Convention for the Protection of Human Rights and Fundamental Freedoms directly applicable in Kosovo.

The Provisional Criminal Code and the Provisional Criminal Procedure Code, which came into force in April 2004, modernized and clarified criminal law in Kosovo. New legislation has also affected administrative, commercial, property, labour and inheritance law.

Thanks to the continuous legal education programme, some fifty newly-licensed lawyers are now better equipped to handle these changes, having received their course certificates on 15 June 2005.

Gaining a sense of perspective

From September 2004 to June 2005, fourteen training sessions involved participants in case studies, helping them better understand current legal issues. A session was also dedicated to professional ethics.

Legal experts, judges, prosecutors, members of the Chamber of Advocates and Law Faculty professors led the training sessions.

"It's good to have a variety of speakers," explained Henry McGowen, Director for Human Rights and Rule of Law at the OSCE Mission. "This is how lawyers can gain a sense of perspective for when they practice law on behalf of their clients."

Tahir Rracaj, Chief Prosecutor in Prishtinë/Pristina said: "In one course, lawyers were introduced to new laws that reflect general legal reform trends in the region as well as in Europe.

"Kosovo's young lawyers need to understand the changing legal environment and to apply laws in conformity with international human rights standards," he added.

An important feature of the programme was that its sessions resembled professional gatherings, serving as a forum for sharing best practices. Participants were able to exchange their experiences in finding solutions to legal problems.

Chamber of Advocates takes charge

The programme involved close co-operation with the Kosovo Chamber of Advocates, which the OSCE Mission is seeking to promote as an institution capable of organizing long-term legal education.

"With this programme," said Musa Dragusha, President of the Chamber's Continuing Legal Education Committee, "the Chamber, for the first time in its 30-year history, has taken over responsibility for the level of competence, expertise and ethics of its members.

"The aim is to continually improve legal services in Kosovo. With continued education, lawyers will be better equipped to provide effective representation to citizens who need it."

Addressing real needs

The programme was developed taking into account the shortcomings of previous legal education projects. "After 1999, many law seminars were organized by different organizations without enough background information on the needs of the legal community, or were simply poorly co-ordinated," Dragusha said.

"We designed a programme that overcomes these obstacles, building local capacity, fully implemented by local experts."

The course curriculum was the result of numerous talks with young lawyers and consultations with experienced members of the Chamber of Advocates.

"Lawyers, alongside judges and prosecutors, are an important pillar of the three-legged judicial system," explained McGowen. "And like a stool, the effectiveness of a legal system derives from the sturdiness of each leg.

"Without one of its legs, the stool will fall down. So it's crucial that the lawyers' leg is very strong."