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Sundimi i Ligjit

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17RULE OF LAWcapacities and functioningof institutionsThe preparation of these agreements, amongother things should be done in harmony withthe European Convention on the Transfer ofSentenced Persons, dated March 21, 1983, andadditional protocol which is not ratified by theRepublic of Kosovo after the declaration ofindependence for reasons already known,because Kosovo is not part of most internationalorganizations, including the Council of Europe.It is worth mentioning that the administrativepersonnel in charge of the Ministry of Justice has37prepared a big number of draft agreements andsent to most countries with which Kosovo has alegal interest for cooperation, however, politicaloffice holders in particular during 2009 are notshown diligent enough to conclude them withthe countries concerned.Only in the period from June to late October of2010, thanks to the Division for InternationalLegal Cooperation and commitment of the newMinister, Mr. Demolli, Ministry of Justice signedtwo agreements. It is expected that by the end ofOctober, dates for signing agreements with theRepublic of Macedonia, the Republic of Albaniaand Turkey, will be set.From the day of declaration of independencemore than two years had passed during whichthe Government of Kosovo, Ministry of Justicehad not signed any agreement in the field of38international legal cooperation. Besides the factthat Kosovo has "inherited" agreements signedby UNMIK, which have remained as a relic ofthis absolute administration with Kosovo, it hasbeen proven that there is a need to clarify theimplementation of agreements which areapplicable in Kosovo as a consequence of state39succession.During the last reporting period, given thepolitical changes in the ruling coalition inKosovo have a direct impact on-to the signing ofthese agreements and their implementationsince they depend on the signature of theminister of justice, their signature may not occurif the executive does not authorize someonefrom the country's highest political level ofgovernment to replace the Minister of Justice incarrying out these tasks.European Partnership Action Plan also foreseesgrowth and empowerment of personnel in theDivision for International Legal Cooperation.At the roundtable discussion held in June 2010,it was accepted by representatives of theMinistry of Justice that the Division needs moresupport, because as it is understood, a numberof officials of this division do not have sufficientknowledge of English (although all legalcooperation takes place in English) so they needinterpreters. This proves also that the policy ofhiring competent personnel in this institution isnot at a proper level.37About 36 draft agreements prepared by the first part of 2010, and 30 draft agreements prepared during 2009.38 The role of the Division of Legal international Cooperation cannot be ignored. This Division only in 2009 has made 12 extraditions andhas processed thousands of requests for international legal assistance. Like most institutions, the division needs more staff, interpretersand additional budget39 E.g. the case of the implementation of the agreement signed in 1905 by the Kingdom of Yugoslavia of that time which became thesubject of discussion between the various institutions in Kosovo, and international institutions also.

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