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Kosovo needs functioning legal aid system, says OSCE Mission report
PRISTINA 8 June 2007
PRISTINA, 8 June 2007 - Kosovo does not have a functioning legal aid system for civil cases, posing challenges to free and effective legal representation, concludes a new report from the OSCE Mission in Kosovo.
The OSCE's latest report on the issue focuses on legal representation in civil cases in the Kosovo justice sytem. It highlights three main challenges and problematic issues: the lack of a functioning legal aid system for civil cases; problems related to legal representation in property transactions; and violations the Code of Lawyers' Professional Ethics.
"Legal representation is important because lawyers, like judges and prosecutors, play an important role in promoting justice in any legal system," said Ambassador Werner Wnendt, Head of the OSCE Mission in Kosovo.
"People deserve professional and dedicated representation to ensure that their interests are defended and the law is respected."
In view of these concerns, the report offers a number of recommendations addressed to the court and administrative authorities, as well as institutions which support the judicial system.
First, the relevant governmental and judicial institutions should ensure that Kosovo has a functioning legal aid system for civil cases in Kosovo, as is required by law.
Second, judges should ensure that parties do not engage in fraudulent property transactions based on invalid powers of representation to the detriment of absent parties. Judges should also report any ethical violations by attorneys to the Kosovo Chamber of Advocates.
Third, lawyers should follow their obligations under the ethics code, and zealously promote the interests of their clients.
The report also encourages authorities to use the recommendations to take necessary steps to address the current problems in the civil justice system in Kosovo.
The OSCE's latest report on the issue focuses on legal representation in civil cases in the Kosovo justice sytem. It highlights three main challenges and problematic issues: the lack of a functioning legal aid system for civil cases; problems related to legal representation in property transactions; and violations the Code of Lawyers' Professional Ethics.
"Legal representation is important because lawyers, like judges and prosecutors, play an important role in promoting justice in any legal system," said Ambassador Werner Wnendt, Head of the OSCE Mission in Kosovo.
"People deserve professional and dedicated representation to ensure that their interests are defended and the law is respected."
In view of these concerns, the report offers a number of recommendations addressed to the court and administrative authorities, as well as institutions which support the judicial system.
First, the relevant governmental and judicial institutions should ensure that Kosovo has a functioning legal aid system for civil cases in Kosovo, as is required by law.
Second, judges should ensure that parties do not engage in fraudulent property transactions based on invalid powers of representation to the detriment of absent parties. Judges should also report any ethical violations by attorneys to the Kosovo Chamber of Advocates.
Third, lawyers should follow their obligations under the ethics code, and zealously promote the interests of their clients.
The report also encourages authorities to use the recommendations to take necessary steps to address the current problems in the civil justice system in Kosovo.