A high-level roundtable discussion, bringing together key players from Kosovo*'s judiciary, the Ombudsperson Institution, and civil society organizations, convened to address the critical issue of maintaining consistency in caselaw and harmonizing judicial practice. The engaging event, hosted by the project, served as a platform to present findings from recent research and foster professional exchange on this fundamental aspect of the rule of law.
The roundtable commenced with an inspiring address from Mary Ann Hennessey, Head of the Council of Europe Office in Pristina. Ms. Hennessey underscored the European Court of Human Rights' (ECtHR) consistent recognition of legal certainty as an implicit principle within all articles of the European Convention on Human Rights (ECHR) and a bedrock of the rule of law. She emphasized that ensuring legal certainty is paramount for building and maintaining public trust in the court system.
Subsequent insightful speeches and substantive presentations from leading figures within Kosovo*'s justice sector echoed the sentiment of shared responsibility. The President of the Constitutional Court, Chairman of the Judicial Council, the Ombudsman, the Director of the Bar Association, the President of the Supreme Court, and the Chief Public Prosecutor unanimously agreed that unifying judicial practice requires the concerted efforts of all judicial and relevant non-judicial actors.
While acknowledging the Supreme Court's leading role in this endeavour, speakers stressed the crucial contributions of all other courts, lawyers, and prosecutors in establishing effective mechanisms for consistent judicial practice. Continuous judicial dialogue across all levels of jurisdiction, between prosecution offices and the Bar Association, was highlighted as a vital building block towards creating unified caselaw and harmonized judicial practice. Concrete actions were announced, including the establishment of a research and monitoring department within the Supreme Court.
A Council of Europe expert, who authored the research report, presented the key findings and recommendations from the study on "Consistency of the caselaw and harmonisation of judicial practice in the context of the right to fair trial," conducted in mid-2024. The research identified several key challenges hindering caselaw consistency, including insufficient budgetary and human resources within courts at all levels, and frequent changes in legislation. To address these challenges, the report recommended several key steps forward such as training for judges, prosecutors, and lawyers on relevant ECHR standards, development and maintenance of comprehensive caselaw databases, and establishment of dedicated caselaw/research units within basic and appellate courts.
The roundtable continued with a dynamic panel discussion on the "Role of courts of all jurisdictions, prosecution and lawyers in keeping the consistency of the caselaw and harmonisation of judicial practice." A Judge from the Supreme Court of Slovenia shared valuable insights into the major actions undertaken in this EU member state over the past 15-20 years to effectively ensure caselaw consistency. The President of the Appellate Court, the President of the Basic Court Pristina, the Chief Appellate Prosecutor, and representatives from civil society also contributed with valuable perspectives during the panel discussions.
The event concluded with a summary of the main conclusions and recommendations, which will be integrated into a thematic report and guide future activities in this crucial area. Participants overwhelmingly assessed the roundtable as highly beneficial and essential for the advancement of Kosovo*'s justice system. A strong commitment was made by all stakeholders to continue the dialogue and foster cooperation to ensure greater consistency in caselaw and ultimately strengthen the rule of law.
[1] All references to Kosovo, whether to the territory, institutions, or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.
