Education and training for Kosovan judges and public prosecutors in the area of commercial law
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- Published: March 7, 2023
IRZ is supporting the Kosovo Judicial Academy in the education and training of judges and public prosecutors. In 2022 the cooperation focused on commercial (criminal) law, and various seminars were held on the topic.
Seminar on “Insolvency law - insights into Kosovan, German and European practice”
In this context, a hybrid seminar on corporate insolvency law was held with the participation of 18 judges at the Judicial Academy on 8 November 2022. Speakers and participants at the event explored the national and European legal framework, practical aspects of insolvency proceedings, the role of the court, the interaction between the insolvency administrator, the company and its creditors and the rights and obligations of creditors. In this context, Mahir Tutulli, President of the Kosovan Commercial Court, first presented the Kosovan legal framework. Johannes Fritzen, Associate in the Frankfurt office of the law firm, Dentons, and member of the “Restructuring and Insolvency” practice group, then gave the participants an insight into German insolvency law and important aspects of international insolvency proceedings.
Seminar on “Anti-Money Laundering”
IRZ and the Judicial Academy organised another hybrid seminar on money laundering issues on 1-2 December 2022. The event was attended by three judges and six prosecutors. Prof Dr Mohamad El-Ghazi, Professor of Criminal Law and Criminal Procedure Law at the University of Trier and Director of the Trier Institute for Money Laundering and Corruption Criminal Law; Prof Dr Till Zimmermann, Professor of Criminal Law and Criminal Procedure Law including European and international references at the University of Trier, and Managing Director of the Trier Institute for Money Laundering and Corruption Criminal Law; and Prof Dr Kilian Wegner, junior professor for criminal law attended for the IRZ.
The main discussion topics included:
- Money laundering as a crime associated with organised crime
- The seizure and confiscation of the proceeds of crime
- Procedural obstacles to the prosecution of money laundering
- Possible alternatives to traditional money laundering
- Relationship between predicate offence and money laundering
- The role of the Financial Intelligence Unit (FIU) in combating money laundering
- Criminal penalties in the area of money laundering
- Issues of mutual legal assistance and international cooperation in money laundering investigations.
Behar Xhema, Deputy Director of the Kosovan Financial Intelligence Unit, and Valon Kurtaj, Judge at the Court of First Instance in Pristina, started by presenting the national legal framework and numerous examples from Kosovan practice for the various points on the agenda. The speakers and attendees then jointly identified the similarities, differences, current challenges and international best practices.
The Federal Foreign Office financed both events and participated as part of the project “Support for several states in the Western Balkans in consolidating rule of law and European standards”.
The aim of the seminars, which are organised in collaboration with the Kosovo Judicial Academy, is to share and extend the knowledge and skills among the participants. In addition, legal education and training in Kosovo should increasingly be based on European standards in terms of designing curricula, the capacities and quality of the teaching methods, academic content and teaching staff.
Cooperation with the Kosovo Judicial Academy on the issues of legal education and training will therefore also be the focus of project work in Kosovo in 2023.