Abstract
This paper centers its discussion on human rights issues addressed by the European Convention of Human Rights (ECHR) and its court of Human Rights (ECtHR). The focus is on the relationship between the European Convention/European Court of Human Rights and the Constitutional Court of Kosovo. The parameters measuring this relationship mainly will be tested against the effects of the judgments of the ECtHR and the decisions of the Constitutional Court of Kosovo within the legal system of Kosovo. The paper sheds light on Kosovo’s constitutional order system with regards to basic human rights as enshrined in ECHR. As such, in an attempt to emphasize the effect and relationship between the ECHR/ECtHR, are also outlined the challenges of the Kosovo Constitutional justice in its work as the defender of basic human rights and freedoms. Ultimately, it is pointed out that the legal system of Kosovo is decisive to adhering to the principles proclaimed in “Bill of Rights”, ECHR, and the jurisprudence of ECtHR. DOI: 10.5901/mjss.2015.v6n6p41
Highlights
In European context, the human rights protection takes place through three main dimensions
The safeguard of human rights at OSCE does not take place through binding laws, as it is the case with the European Convention of Human Rights, rather it takes place by linking security issues concerned, arms control, and the liberalization of trade relations with human rights by way of being leveraged as an incentive to influence the states’ behavior for better protection of human rights internally (Bente, 2011, pp. 102-104)
The third dimension to address human right issues is through the Council of Europe established in 1949 currently having 47 partaking member states, while European Convention of Human Rights (ECHR) and the European Court of Human Rights operates under the auspicious of the Council of Europe
Summary
In European context, the human rights protection takes place through three main dimensions. The third dimension to address human right issues is through the Council of Europe established in 1949 currently having 47 partaking member states, while ECHR and the European Court of Human Rights (hereinafter ECtHR) operates under the auspicious of the Council of Europe. Key features of the relationship between the ECHR/ECtHR in one side, and Kosovo Constitutional Court (hereinafter “KCC”) on the other side include rights and freedoms protected under both instruments.
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