Law In Kosovo Research Articles

The Invalidity of Renunciation of Inheritance According to Law in Kosovo

As a complex legitimate wonder, the refusal of legacy has been the subject of noteworthy consideration in legitimate ponders in different nations. This investigation points to investigate perspectives related to the weakness of legacy dissent concurring with the law in Kosovo. The researcher uses expressive explanatory strategies to illuminate the miracle of women's heritage denial in Kosovo. The information used consists of two types: important information and additional information. Information collection strategies include consideration of perceptions, interviews and documentation. Preparation for the information examination begins with the translation of the meeting. Information is coded and categorized to differentiate designs and main findings. This investigation lasted six months, starting with preparation, gathering information, investigating information, and planning the final report. According to the Law on Inheritance of the State of the Republic of Kosovo, it is allowed for the heir to reject the property inherited from his parent or any other person; all this can happen because there are cases when the debts exceed the assets of the deceased. In this case, it may move you to disinherit.

Waiver of Inheritance, according to law in Kosovo

The right of inheritance as the main branch of civil law is applicable today as a positive right guaranteed by the constitution, which right any subject of the law can have without differences of gender, ethnicity, or race. The right to inherit dates back to the time of unwritten laws, until today it is defined and protected by state laws. The topic related to the right to legally inherit the parent's inheritance or even the inheritance of someone who is not related by blood to us but made us an heir through the will is debatable and very current. Thus, subjects who are considered heirs must accept or not accept that inheritance after the death of the heir. Precisely for the acceptance or non-acceptance of the inheritance, we come across many cases in practice that end up in a contested procedure, but to clarify the renunciation of the inheritance, this paper has been prepared, which is divided into chapters in which the issue of renunciation is mainly elaborated inheritance, the progress and procedure of how we arrive at a decision which finds that a subject of law who was an heir renounces that inheritance, or does not voluntarily accept the inheritance left by the testator, whether by law or with legal work.

Bioethics of childbirth for another (surrogate motherhood) in the Civil Code of Kosovo

Transformations in the biological, medical and legal processes of infertility, substantial modifications in family structure and the advancement of methods and techniques of reproductive technology will affect the next step in both legal and medical terms to address the regulation of bioethics and law in Kosovo. There is a need to establish perspectives in both ethical and professional terms, since the Republic of Kosovo is in the process of drafting a Civil Code. Many of these issues have been raised and addressed during the review and evaluation of family law in the context of harmonisation and inclusion of this law in the Civil Code of the Republic of Kosovo. During the several meetings of official members with different interest groups regarding family law, the need has been raised to regulate family law to be included in the Civil Code for motherhood and fatherhood in the case of reproduction with biomedical assistance, as well as for the birth contract as a donation for another person (so-called surrogate motherhood). These bioethical and legal issues indicate the urgent need for legal harmonisation of a multidimensional platform specifically based on the principles of public health and universal human rights Conclusion. These bio-ethical and legal interferences indicate the urgent need for legal harmonization of a multidimensional platform specifically designed based on the principles of public health and universal human rights.

Comparative Analysis in Connection with the Prohibition of Anti-Competitive Agreements in Kosovo, North Macedonia and Albania

This study examines and analyzes anti-competitive agreements in Kosovo, North Macedonia and Albania. Also, it examines in some aspects the similarities and differences of the competition laws of the countries in question, with the competition law of the EU. It aims to achieve these basic objectives: to analyze the evolution of competition law in Kosovo, North Macedonia and Albania; to provide a clear analysis of the competition law of the countries included in the study, in terms of the prohibition of anti-competitive agreements; and compare it with the EU competition law; to analyze the behaviors of undertakings that constitute prohibited agreements in the sense of competition law; to analyze important decisions of the Competition Authorities, regarding the prohibition and punishment of anti-competitive agreements; and to consider punitive measures (fines) for violation of rules related to anti-competitive agreements. The analysis shows that there is a high alignment of the competition laws of the countries included in the study with the EU acquis, and that the challenge for the Competition Authorities remains the low number of imposed fines and their non-execution.

Codification of Civil Law in Kosovo: An Analysis of the Main Principles of Book One – General Part of the Kosovo Draft Civil Code

Kosovo is in the process of civil law codification. Civil law relationships are currently regulated by special laws. After the end of the war in 1999, Kosovo’s jurisdiction became complex due to the simultaneous application of different laws: the UNMIK regulations, previous laws, and the legislation adopted by the Assembly of Kosovo from 2001 onwards. Consequently, these circumstances have had an impact and caused different interpretations and inconsistent application of the laws in the same cases, which among other issues points to the need for codification. The lack of clear and uniform law implementation in court cases related to the civil law matters is also considered an issue that can be resolved by the harmonisation of civil law through a civil code. In other words, the drafting of a civil code will clean up the legal system from different laws in place. It will harmonize and bring Kosovo’s legislation closer to the international standards and best practices in this area of law, which will lead to better law implementation. In this paper, questions related to the approach and model of the civil code will be discussed. Further discussion will focus on the main general principles outlined in the General Part of the Civil Code approved by the Government on 29 December 2021, which is being regulated in Kosovo for the first time. The analyses in this paper are based on a review of literature, Kosovo legislation and references to the European countries’ legislation which are used as models for some parts of the Kosovo Draft Civil Code. Finally, some conclusions are drawn regarding the questions raised concerning the model of the civil code and the general principles included in the code.

LEGAL PROTECTION OF PERSONAL DATA IN THE FUNCTION OF PROTECTION OF HUMAN RIGHTS AND FREEDOMS

The era of globalization and digitalization have become a necessary process for the legal and legal regulation of human rights. This is taken into account by the fact that technological-technological advances have increased fears of human rights violations. This is especially noteworthy in communication tools, the internet and so on. With the intent, protection of personal data and privacy In the international sphere, the EU has made the coding of the protection of personal data through Directive no. 95/96 EC, which entered into force on 24 October 1995, then the ECHR, the European Commission proposal, January 2012, on the reform of the European Data Protection Regulations, which was formulated in the Regulation which came into force on 24 May, 2016 and the General Directive, which entered into force on May 5, 2016. However, according to surveys made with EU citizens, credibility for the protection of personal data from EU institutions and those of member states is below the minimum. The protection of privacy in Kosovo is being done through the legislation and the establishment of the State Agency for the Protection of Personal Data even though Kosovo does not have sufficient technical and material resources for the minimal protection of personal data and privacy in general. This topic addresses the issue of providing information, the confidentiality of the data subject and the security of proceedings and the supervisory authority. Also, the instructions contained in the regulations, the sanctioning of these rights under the penal code necessarily make the approval of the telecommunications law in Kosovo.

Constitutional principles and their impact on the establishing of constitutional order and rule of law in Kosovo

Considered as a progressive document based on the models of the Western constitutions, the Constitution of the Republic of Kosovo has established the legal basis for a functional statethat respects rights and fundamental freedoms while guaranteeing the rule of law. In its provisions, the Constitution has laid down basic principles which serve as the foundation for Kosovo’s constitutional order. In this regard, these constitutional principles have been further enshrined in the provisions of laws that emanate from the Constitution, and also have been established in the institutional mechanisms for its appropriate application. In addition, what played a prominent role in defining these principles was the impact of the Constitutional Court’s case-law. Case-law has reaffirmed in many instances the tremendous importance of constitutional principles in enhancing the rule of law, protecting the rights of minority groups and other members of Kosovo’s society, and the right to freedom of belief and secularism by implementing the most modern European standards in human protection. Hence, this paper analyzess the impact that constitutional principles have had on defining the structure of the state, guaranteeing the rule of law, protection of human rights and establishing Kosovo as a multi-ethnic society. Likewise, it examines the case-law of Kosovo’s Constitutional Court by providing some of the most prominent cases.

Constitutional Principles and Their Impact on the Establishing of the Constitutional Order and Rule of Law in Kosovo

[enter Abs Considered as a progressive document based on the models of the Western constitutions, the Constitution of the Republic of Kosovo has established the legal basis for a functional state that respects rights and fundamental freedoms while guaranteeing the rule of law. In its provisions, the Constitution has laid down basic principles which serve as the foundation for Kosovo’s constitutional order. In this regard, these constitutional principles have been further enshrined in the provisions of laws that emanate from the Constitution, and also have been established in the institutional mechanisms for its appropriate application. In addition, what played a prominent role in defining these principles was the impact of the Constitutional Court’s case-law. Case-law has reaffirmed in many instances the tremendous importance of constitutional principles in enhancing the rule of law, protecting the rights of minority groups and other members of Kosovo’s society, and the right to freedom of belief and secularism by implementing the most modern European standards in human protection. Hence, this paper analyzess the impact that constitutional principles have had on defining the structure of the state, guaranteeing the rule of law, protection of human rights and establishing Kosovo as a multi-ethnic society. Likewise, it examines the case-law of Kosovo’s Constitutional Court by providing some of the most prominent cases. tract Body]

Competition Law Framework in Kosovo and the Role of the EU in Promoting Competition Policies in Other Countries and Regions Wishing to Join the Block

The aim of this article is, on the one hand, to provide an overview of the competition law framework in Kosovo vis-á-vis the establishment of the Kosovo Competition Authority (hereinafter; the Authority), its institutional design as well as the criteria for becoming a member of the Commission within the Authority, which is the most important decision-making body in the field of competition law in Kosovo. On the other hand, it discusses some of the challenges the Authority as well as the courts are facing as regards the effective enforcement of competition law provisions in Kosovo, be it procedural or substantive. In addition, the only three cases decided by the Authority, since its establishment in 2008, are briefly discussed. Last but not least, it tries to contextualise the role of the EU concerning enacting as well as enforcing competition law in some of the South East Europe (hereinafter; SEE) countries, with the main focus placed on Kosovo. Without the European perspective, it is convincing to say that the picture that would result from a competitiveness viewpoint would change dramatically, although the EU’s efforts alone are not sufficient in the absence of serious efforts by the states themselves.

Antitrust Law in Kosovo: Challenges in Following the EU Enforcement Jurisprudence

Antitrust Law in Kosovo: Challenges in Following the EU Enforcement Jurisprudence

PROPERTY RIGHT: SOCIAL OWNERSHIP IN KOSOVO - ON THE LEGAL STATUS OF CONSTRUCTION AND AGRICULTURAL LAND

The Constitution of the Republic of Kosovo recognizes and protects the property right on property, as well as the use of property in accordance with the public interest regulated by law. Both the cadaster and the RDPP are established and are in operation in the Republic of Kosovo. Right to Send is a branch of civil law that regulates legal relationships that have objects that are not found in the exchange process. Property is an important institution in human society and has dual economic and legal significance. Ownership as an economic meaning means acquisition of material goods, while ownership in a legal sense means the collection of legal norms that regulate this exploitation. A general view on the right to property and especially the issue of ownership in Kosovo with a special emphasis on the legal status of construction and agricultural land. This paper deals with some of the key issues that are the main factors of the problems in the field of civil law in Kosovo.

Kosovo’s Quest for Council of Europe Membership

In 2014, Kosovo became a member of two Council of Europe (CoE) partial agreements: on the Development Bank and on the European Commission for Democracy through Law (the Venice Commission). More recently, the Government of Kosovo expressed an interest in joining the CoE. This article examines, in the context of Kosovo’s contested statehood, the conditions and procedure for Kosovo’s possible admission to the CoE and describes, in the form of an early warning, the key legal and policy issues that could arise in this process. Insofar as membership criteria are concerned, the article examines Kosovo’s ability to exercise jurisdiction over its territory. In this regard, the case of Azemi v. Serbia before the European Court of Human Rights (ECtHR or the Strasbourg Court) and the EU-facilitated agreements between Belgrade and Pristina are considered. In addition, the article argues that that the direct applicability of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the ECtHR’s case law in Kosovo are evidence of Kosovo’s commitment to fulfilling one of the essential membership criteria. Regarding Kosovo’s prospects for admission, the article submits that the recognition of Kosovo by more than two-thirds of the Council’s member states is an indicator that, in principle, Kosovo could ensure the votes necessary for admission. However, it also highlights the specific challenges Kosovo may encounter in its membership path due to complex admission procedures within the CoE Committee of Ministers and the composition of the members of the CoE Parliamentary Assembly (PACE).

The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.

Harmonisation of Kosovo labour legislation with that of the EUMirlinda Batalli and Muhamet Vokrri

This article analyses the development of labour relations law in Kosovo and in the EU, and the integration process of Kosovo with the EU, specifically the harmonisation of labour legislation. Rights from work and the relations arising from them represent one of the fundamental rights guaranteed in ILO Conventions as well as the treaties of the European Union and are included in the basic legal acts (constitutions) of most countries, including the Republic of Kosovo. The article raises questions related to the nature and importance of EU legislative acts in the labour field, as well as their reflection within national legislation, particularly in Kosovo. The receipt of any model from one or more countries for implementation in another has the chance of being successful, but the implemented model needs to be capable of adapting to the economic conditions and state of democracy, as well as the actual reality, of the respective country. The work and commitment of institutional stakeholders in the construction and implementation of an efficient legal system remains of vital importance in contributing to the peace and stability of society.

The Bumpy Road of EULEX as an Exporter of Rule of Law in Kosovo

This paper analyses EULEX mission in Kosovo (hereafter EULEX) as an exporter of rule of law. From the deployment of the mission, two mainstream discourses have coined the effectiveness of EULEX establishing the rule of law in Kosovo. From the Brussels point of view, EULEX has marked a lot of progress in promoting the rule of law in Kosovo. On the other hand, based on international indexes and other secondary sources, EULEX has been harshly criticised to deliver its promises in strengthening the rule of law institutions, fighting organised crime, war crimes and reducing corruption. Beyond these discourses, the paper tries to explore whether, how and to what extent, EULEX has promoted rule of law in Kosovo. The paper argues that EULEX has failed to promote rule of law in Kosovo due to 1) the costs of adaptation or compliance as function of the misfit between EULEX institutional approach on rule of law and domestic conditions and 2) incapacity of Kosovo rule of law institutions to interact with EULEX in strengthening the rule of law as a result of political interference on judiciary and police sector.

Organized Crime Phenomenon Threatening Public Safety and Rule of Law in Kosovo

Nowadays organized crime is considered as a real threat to the security of any country, but in particular, to the security of countries with fragile democracies that do not have any strength, tradition or experience to effectively deal with it. In this regard, for Balkans, this phenomenon is considered as the main threat to the security of each country and the region in general and in particular for our country Kosovo. Despite the progress achieved, the creation of institutions since 1999 had three transitions; UNMIK period 1999-2008, the declaration of independence on February 17, 2008 and the arrival of new EULEX mission in 2009 that was made to build a new future through integration process in the European Union, in the eyes of the international community our region is still considered quite fragile and challenging. The events of 1990-1999 in former Yugoslavia created great difficulties not only for the new states but also in the actual integration developments that these countries aim not to lose the chance to refute another infamous epithet as "organized crime haven". In this epithet may have doses of exaggeration, but the truth for these last 20 years is that, while all kinds of industries in the region have failed, there is a thriving new "industry", working day and night in full capacity: industry of organized crime.

The Licence Agreement in View of the New Legislation in the Republic of Kosovo

Industrial property rights such as patents, industrial example, the model, and know-how are, first and foremost, dedicated to the economic exploitation.The inventor, who protects his invention by patent, and the holder of other rights of industrial property, has the possibility to use this right economically, in order to enable the legal circulation of the rights from the industrial property, which is realized through the instruments of the law of contract – licence agreement (a contract for the licence).Law on Obligational Relationships adopted in Kosovo in 2012, which is an applicable law in Kosovo until the adoption of the new law, regulates issues related to the license agreement.Patent law, adopted by the Assembly of Kosovo, represents a basis, which will be enriched in the future from the business and judicial practice, and this legal vacuum, regarding the licence, will be completed.These two laws represent the basic legal framework for the licence agreement and as such are treated in this paper.

Several Key Features of Marriage in Kosovo

In this paper titled “Several key features of marriage in Kosovo”, I have made efforts to address the matrimony, as an important societal and legal concept, in the light of positive law in Kosovo. In short terms, I have addressed the historical development of marriage in general, from the period of promiscuity until today, and I have emphasized key features of marriage in various time periods, only to comprehend better the ways of development of marriage in time and space.A special emphasis is put on the essential (material) conditions of marital union. The paper provides sufficient reasons for which the positive law in Kosovo has provided on the free expression of will of spouses; opposite sexes; the age threshold; entry into matrimony before a competent state authority, and under a procedure provided by law, as substantial conditions for entering a valid matrimony. Sufficient room is allowed also for the treatment of consequences and responsibilities of various entities if marriage is developed without obeying substantial conditions as provided by law. Due to the nature of the paper, formal conditions for entering matrimony are not addressed.The right to enter marriage and establish a family under provided legal conditions is guaranteed to every Kosovo citizen, as a substantial right. The marriage is a basic cell of the family, and as such, it is protected by the state and society.Apart from normative and sociological methods, I have also used the historical method in developing this paper. The purpose was to discover several marriage features, which used to exist, and do not anymore, and also underline some new features, which nowadays form the pillars of the marriage.

Expropriation and protection of private property: Analysis of the recent applicable law in Kosovo in relation to international standardsHaxhi GashiExpropriation and protection of private property

SEER Journal for Labour and Social Affairs in Eastern Europe , Seite 153 - 170

Anti-Competitive Agreements according to Kosovo’s Law on the Protection of Competition – Case Study of the Insurance Market

Competition law is an area which links the economy with the law and is very important for the functioning of a free market economy. Anti-competitive agreements, along with the abuse of dominance and concentrations of undertakings, are the subject matter of the Law on the Protection of Competition (LPC) of the Republic of Kosovo. Anti-competitive agreements can be horizontal or vertical in nature. The following paper deals with agreements and other multilateral practices prohibited under Kosovo’s Law on the Protection of Competition. The LPC explicitly states also specific circumstances where the prohibition does not apply – these are covered by the so called ‘exceptions and allowances’ section of the LPC. In this respect, the LPC has incorporated the entirety of the principles covered by Article 101 TFEU. The insurance market of the Republic of Kosovo was analyzed in the context of this case study, which has all the features of an oligopoly including: a limited number of participating firms, product standardization, interdependence in controlling prices and, difficulty of new market entry. From this perspective, the insurance market is highly problematic as far as violations of the provisions of the law dealing with anti-competitive agreements are concerned. The analysis is conducted based on the enforcement measures undertaken by the Kosovo Competition Authority and reviewed by the judiciary of the Republic of Kosovo. Taking into consideration that Kosovo is a young country facing special transitional challenges and aiming to become a member of the European Union, much needed reforms are to take place still. The aim of this analysis is thus to contribute to further development of competition law in Kosovo through the analysis of current market situation, domestic legislation and its compliance with EU rules.