SUCCESS STORY
Kosovo’s First Private Enforcement
Agents Take Oath of Appointment
Photo: USAID Contract Law Enforcement (CLE)
Program
Kosovo’s justice system
strengthened by
introduction of Private
Enforcement Agent
system.
The first Kosovo Private Enforcement
Agents take their oath of appointment in
a ceremony organized b y the Ministry of
Justice on January 22, 2014.
Kosovo’s first fourteen (14)
Private Enforcement Agents
took their oath of appointment,
heralding the launch of an
entirely new system for
enforcing court judgments. The
work of these Agents is
another step forward for
Kosovo, continuing on the path
to a more efficient and effective
justice system, and the
development of Rule of Law.
Publication date: January 2014
U.S. Agency for International Development
www.usaid.gov
USAID Kosovo has for over a decade provided extensive support to
the Justice Sector and the development of Rule of Law in Kos ovo.
In another important milestone for Kos ovo, heralding a new
beginning in Kosovo’s Justice Sector, the first fourteen Private
Enforcement Agents took their oaths of appointment on January
nd
22 , 2014, in a ceremony organized by the Ministry of Justice.
These fourteen (14) Private Enforcement Agents are the first of
many who will have the res ponsibility and authority to enforce court
judgments under the new Law on Enforcement Procedures. Starting
from July 1, 2014, these agents will have exclusive jurisdiction for
enforcing virtually all civil court decisions.
This system is replacing the current court based enforcement
system. As in many countries, the courts have proven unable to
keep up with increasing case-loads, which has led to large backlogs
of undecided cases and unenforced judgments. Introducing a
“Private” system is a common approach to resolving this problem,
and permits the courts to focus on what they are best at – deciding
cases – while delegating the enforcement of judgments to a private
profession. Like the new Notary system, which USAID also
supported in Kos ovo, this will reduc e demands on the judiciary and
provide for a specialized profession to perform many of the duties
that in the past were the exclusive domain of the courts. Ultimately,
this specialization and redeployment of res ources will lead to better
delivery of justice, faster and more efficient enforcement of
judgments, and improved Rule of Law.
USAID has been instrumental in supporting the Government of
Kosovo to develop the legal framework establishing this new
system, and continues to support the transition from court based to
“Private” enforcement. It should be noted that although called
“Private,” the system establishes a highly regulated profession that
is extensively monitored and overseen by the Ministry of Justice.
The USA ID Contract Law Enforcement (CLE ) Program has been
supporting the Ministry of Justice since the spring of 2013 to
develop the regulatory framework that will govern the operation of
Privat e Enforcement Agents. As the new system of Privat e
Enforcement Agents begins to take shape, USAID support has
played a key role in reaching this milestone. The Contract Law
Enforcement (CLE) Program has assisted the Ministry of Justice to
recruit, vet, and train the new Private Enforcement Agents in order
to ensure the highest degree of professionalism and competence
possible. Additional support to the Ministry of Justice to establish a
vigorous and robust monitoring and disciplinary system is ongoing
and conc urrent with the introduction of the new system.
The USA ID Contract Law Enforcement (CLE ) Program will continue
to provide assistance with the establishment of the Chamber of
Privat e Enforcement Agents, which will serve as a self-regulating
body for the professional development and administration of the new
profession.