The failure of many court hearings this year is due to the problem of sending summonses by mail, which often encounters difficulties such as delays and incorrect addresses. The Basic Court in the capital, lawyers and organizations that monitor the work of the judiciary, assess that this situation drags out the processes. For a solution to this problem, electronic communication is proposed as more efficient, as well as encouraging the courts to take a more proactive role.
The practice of sending summonses by mail to parties in proceedings is emerging as one of the causes of the failure of hearings, whether in criminal or civil cases. Incorrect addresses, delays in delivery, and failure to receive them on time and in the procedure established by law, cause their failure.
The delay in sending summonses to parties in proceedings is directly affecting the progress of judicial proceedings. In many cases, it is affecting the postponement of hearings, which is also extending trial deadlines.
The Basic Court has confirmed that, continuously, and especially throughout this year, significant cases of delays by the post office in sending official documents and in returning return forms have been identified.
"Regarding this issue, the Court Administrator held a meeting with representatives of the Kosovo Post, during which the difficulties and delays that are being caused in the process of distributing court summonses were presented, delays that are directly affecting the efficiency and performance of the work of judges," the court said.
This phenomenon is also reflected in reports from organizations that monitor the judiciary. However, the courts are not without blame either.
"The court must play its proactive role, protect its integrity as a court and in cases where it encounters a situation where the invitation could have been sent but was not sent for the same reasons, keep an official record and present these cases to the relevant institutions so that everyone, for every action, takes their own consequences," said Flamur Kabashi from IKL.
The procedure of communication by post also creates difficulties for lawyers, who often face failure of court hearings, either due to non-acceptance of invitations or their failure to be recorded in the minutes.
"There are cases when invitations are accepted but there is no proof of acceptance from any party, which is why the court is unable to hold the hearing. This is not only in criminal cases, but also in civil and administrative cases. We consider that electronic communication should be made official and mandatory, especially in cases where the parties have representatives in the procedure," emphasized Florim Shefqeti, lawyer.
The greatest efficiency in this matter, the parties see in establishing electronic communication, which would eliminate the vacuum of a series of different justifications./RTK
