On October 27, Group for Legal and Political Studies (GLPS) organized a Roundtable Discussion on the topic: “Confiscation of Unjustifiably Acquired Assets: Five key aspects to consider while drafting the law”, held in Prishtina. The aim of this event was to discuss the confiscation of unjustifiably acquired assets on the basis of civil confiscation. Special emphasis was put on the new draftlaw which is designed to regulate the aspects of the verification and confiscation of unjustifiable assets, as a mechanism to combat corruption by decreasing the motivation to accumulate wealth resulting from organized crime.

Bearing in mind the complexity of this reform and the fact that there are no existing regulations for the civil confiscation, at the beginning of the discussion, GLPS presented a Policy Note titled: “Confiscation of Unjustifiably Acquired Assets: 5 key issues to consider while drafting the law”, which provides an analysis of five key aspects that should be regulated with the new draft law in order to ensure enforcement and legal implementation. The report provides an overview of the current state, while it also offers numerous options and recommendations that the lawmakers can use to draft the law.

In addition, the panelists were invited to discuss upon the report’s findings and next steps and modalities that would ensure a credible and efficient process in the overall fight against corruption in Kosovo, by establishing mechanisms such as the confiscation of unjustifiable assets through civil confiscation.

First to address the audience was Mr. Shawn Waddoups, Director of the INL Program in Kosovo at the U.S Embassy in Prishtina. Mr. Waddoups emphasized their strong commitment to an improved justice sector in Kosovo, by putting special emphasis on the support provided to civil society. “We are very proud to support organizations such as GLPS and their continuous efforts to increase access to justice in Kosovo, young professionals’ capacities and their commitment to a more active citizenry”, he concluded.

Mr. Shamolli, the author of the report stated the need for the law to have a wider scope, that the drafting process should be inclusive, legal certainty is mandatory and the authorities that will implement the law should be carefully considered.

On the other hand, Ms. Haxhiu, Minister of Justice in Kosovo stated that the law on confiscation of unjustifiably acquired assets is one of the priorities of the ministry, and as such, a strong commitment and additional efforts are being put in order to ensure a comprehensive legal process and legal certainty is a precondition at this point. The minister also informed the public that the current concept note drafted by the working groups was sent for further analysis to a renowned field expert and all recommendations will be carefully addressed, including those of civil society. Cooperation with both councils also remains highly important in order to ensure full implementation of the law, once enforced.

Panelists:

Mr. Shawn Waddoups – Director of INL Program, US Embassy in Kosovo;

Ms. Albulena Haxhiu – Minister of Justice, Kosovo;

Mr. Zyhdi Haziri – Judge, Appellate Court;

Mr. Naser Shamolli – Senior Research Fellow, GLPS.

The event was moderated by Ms. Arberesha Loxha Stublla, the Executive Director of the Group for Legal and Political Studies.

This event was organized within the framework of the project titled: “Increasing Access to Justice in Kosovo through an Active Citizenry”, supported by the Bureau of International Narcotics and Law Enforcement Affairs (INL) of the U.S. Department of State, through the U.S Embassy in Kosovo.

Venue: Hotel Sirius – Rigel Hall (Str. Agim Ramadani, 10000 Prishtina, Kosovo)