The Rule of Law in Kosovo: Concepts, Challenges and Realities

Abstract

In Kosovo, more than anywhere else in Europe, the Rule of Law is in the making. As one of the world’s youngest democracies, a Kosovo-specific concept of the Rule of Law is still at the beginning to take shape. Similar to other post-conflict settings, a gap remains between the Rule of Law de jure and the Rule of Law in praxi.The formalistic idea of the Rule of Law on paper is not yet what it is in reality.Since declaring independence in February 2008, Kosovo has been growing as a state. However, currently only recognized by 71 states (November 2010), the country lingers in a legal and political limbo. Recently in July 2010, the International Court of Justice ruled on the legality of Kosovo's secession. Stabilized by a NATO-led international peacekeeping force (KFOR) and an international EU law mission (EULEX), the republic is struggling with common matters of governance in transition: difficulties to access justice, corruption, parallel legal systems, and a slow judiciary.This paper captures the evolution of the Rule of Law in Kosovo and defines its current status. Moreover, the objective is to contribute to a better understanding of the “Rule of Law” in general, particularly in regard to specific normative implications in various legal systems; here, the focus is on the Balkans.