Abstract
Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces.In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law.The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial system. The method of analysis and synthesis has been applied to elaborate in detail specific articles of the Law on Courts, they were commented and in some cases concrete proposals have been given for solution, considered as advanced.
Highlights
Judicial system is one of the three most important powers of any country
Within the so called qualification of judges, for a person to be able to be appointed as a judge, amongst others it is required that the candidate has successfully passed the vetting process in conformity with the regulations and procedures foreseen by Kosovo Judicial Council
Results of this work have led to the following conclusions: 1. Kosovo in a large period of time was under rule of the others
Summary
The level of rule of law in society depends from its way of functioning, and the level of democracy that exists in a state, and the perspectives of development in general and of economic development and other developments in the society. Seen in this context, the Law on Courts is intended that through regulating of organisation, functioning and jurisdiction of courts in the Republic of Kosovo to ensure an independent, apolitical, functional, modern and sustainable judicial system. Modest efforts will be made to present a background of development of Kosovo judicial system, to elaborate reforming aspects of judicial system of the country (viewing it in the Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts... 251 context of the Law on Courts) and to tackle some of challenges that this chain of state power is facing
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
