Mission and Vision

Pursuant to Article 43 of the Law on Kosovo Judicial Council and Article 33 of the Law on Kosovo Prosecutorial Council:

The Office of Disciplinary Counsel shall be established as a separate and independent body that serves both the Kosovo Judicial Council and the Kosovo Prosecutorial Council. With respect to the judicial system, the Counsel shall be responsible for investigating alleged misconduct of judges and lay judges and presenting the evidence and the case supporting disciplinary action for misconduct to the Disciplinary Committee.

The Independence and Impartiality of the Office of Disciplinary Counsel

Pursuant to Article 44 of the Law on Kosovo Judicial Council and Article 34 of the Law on Kosovo Prosecutorial Council:

Office of Disciplinary Counsel in the management of its functions acts independently and impartially.

No person shall have the right to exercise direct or indirect influence, or attempt to exercise influence, on the Disciplinary Counsel’s functions pertaining to any investigation, recommendation, or presentation of a case to the Disciplinary Committee.

The responsibilities of the Office of Disciplinary Counsel

Pursuant to Article 35 of the Law on Kosovo Prosecutorial Council and Article 45 of the Law on Kosovo Judicial Council:

  1. The Office of Disciplinary Prosecutor is responsible for investigating prosecutors when there is a reasonable basis to believe that misconduct may have occurred, and for making recommendations and presenting the evidence supporting disciplinary action to the Disciplinary Committee.

  1. The Office of Disciplinary Counsel shall initiate investigations in cases when:

  • there is a complaint filed at the Office of Disciplinary Prosecutor by any natural or legal person;

  • on its own initiative, when there is a reasonable basis to believe that a prosecutor may have engaged in misconduct.

  1. All complaints, regardless of their origin, shall be submitted to the Office of Disciplinary Prosecutor for investigation.

  1. The Office of Disciplinary Prosecutor shall investigate thoroughly all matters referred to it, shall determine whether recommendations of disciplinary action should be presented to the Disciplinary Committee, and shall notify in writing the Disciplinary Committee and the suspected prosecutor regarding the results of the investigation.

  1. The Office of Disciplinary Prosecutor shall have the right to summon witnesses and collect documents as necessary to investigate and determine whether recommendations of disciplinary action should be presented to the Disciplinary Committee.

  1. The Office of Disciplinary Prosecutor shall present recommendations of disciplinary action and the evidence supporting disciplinary action for misconduct to the Disciplinary Committee.

Initiation of disciplinary proceedings

Pursuant to Article 35 of the Law on Kosovo Judicial Council:

  1. The Office of Disciplinary Counsel shall recommend to the Disciplinary Committee of the Council the initiation of disciplinary proceedings against a judge or lay judge on the basis of a conducted investigation.
  2. Upon the recommendation of initiation of disciplinary proceedings, the Disciplinary Counsel shall in writing notify the Committee, the Council, and the judge or lay judge under investigation.

Pursuant to Article 25 of the Law on Kosovo Prosecutorial Council;

  1. The Office of Disciplinary Prosecutor shall recommend to the Disciplinary Committee of the Council the initiation of disciplinary proceedings against a prosecutor on the basis of a conducted investigation.
  2. Upon the recommendation of initiation of disciplinary proceedings, the Office of Disciplinary Prosecutor shall notify in writing the Committee, the Council, and the prosecutor who is under investigation.

Disciplinary measures

Pursuant to Article 24 of the Law on Kosovo Prosecutorial Council,

  1. For purposes of this law, misconduct by a prosecutor shall consist of:

  • the final decision for a criminal offense, with the exception of a minor offense as defined by law.

  • negligence in performing, a failure to perform, or abuse of prosecutorial functions.

  • a failure to perform prosecutorial functions independently and impartially.

  • a violation of the applicable code of ethics.

  1. The Disciplinary Committee may suspend a prosecutor without pay during any period of investigation or during the disciplinary proceedings.

Pursuant to Article 34 of the Law on Kosovo Judicial Council,

  1. For purposes of this law, misconduct of a judge or lay judge shall consist of the following:

1.1. upon conviction for a criminal offense, with the exception of a minor offense as defined by law.

1.2. negligence in performing, a failure to perform, or abuse of judicial functions.

1.3. failure to perform judicial functions independently and impartially.

  • violation of the applicable code of ethics.

  1. Disciplinary Committee may suspend judge or lay-judge with pay during any period of investigation or during the disciplinary proceedings.

  1. The Judicial Council shall issue rules that define the misconducts.

Pursuant to Article 27 of the Law on Kosovo Prosecutorial Council,

  1. The Disciplinary Committee may impose disciplinary measures as follows:

  • reprimand;

  • reprimand with a directive to take corrective actions;

  • temporary reduction of salary by up to fifty percent (50%) taking into account the nature of misconduct;

  • demote to a lower position within the prosecutorial system; or

  • propose the removal of a State Prosecutor from office.

  1. The Disciplinary Committee shall impose a sanction that is consistent with the circumstances, level of responsibility, and consequences of the misconduct.

  1. If the prosecutor is released from the charges at the completion of the disciplinary procedure, he or she shall return to his or her previous prosecution office upon the decision of the Council.

Pursuant to Article 37 of the Law on Kosovo Judicial Council,

  1. The Disciplinary Committee may impose the following disciplinary measures:

  • reprimand;

  • reprimand with a directive to take corrective actions;

  • temporary reduction of salary by up to fifty percent (50%) taking into account the nature of misconduct; or

  • propose the removal of a judge or lay judge from office.

  1. The Disciplinary Committee shall impose a disciplinary measure that is consistent with the circumstances, level of responsibility, and consequences of the misconduct.

  1. The Committee shall submit a written recommendation for the dismissal of a judge or lay judge from office to the Council, as provided in this law.

  1. If the judge or lay judge is released from the charges at the completion of the disciplinary procedure, he or she shall return to his or her previous office upon the decision of the Council.

The budget for the Office of Disciplinary Counsel

Article 49 of the Law on Kosovo Judicial Council and Article 39 of the Law on Kosovo Prosecutorial Council:

Director of the Office of Disciplinary Counsel shall submit annually directly a separate budget to finance the salaries of the staff of the Office of Disciplinary Counsel, including the Director, disciplinary advisor, inspectors and administrative and support personnel and other operating expenses of Office of Disciplinary Counsel. The budget for the Disciplinary Counsel, with the directive and certification of the Director of Office of Disciplinary Counsel, is administered by the Secretariat of the Kosovo Judicial Council. The Kosovo Judicial Council will not have the power to restrict or direct the expenses of the Office of Disciplinary Counsel in any other way as well as the Kosovo Judicial Council has no power to reallocate the budget of the Office of Disciplinary Counsel or to use funds allocated for the Office of Disciplinary Counsel for any other purpose. The Director of the Office of Disciplinary Counsel shall report annually before a joint session of the Kosovo Judicial Council and Kosovo Prosecutorial Council on the activities and expenses of the Office of Disciplinary Counsel.