Law In Kosovo Research Articles

Reforming Property Law in Kosovo: A Clash of Legal Orders

The legal framework regulating property in Kosovo has been defined as ‘A jumble of laws, regulations, administrative instructions, court practices and directives combine to create a complicated and seemingly impenetrable system for determining contests over immovable property ownership in Kosovo. At the highest level, international human rights standards affect property rights…’1 As in other areas of legislation, laws addressing property issues derive from different periods in Kosovo’s history, that is to say the Yugoslav time, the so-called discriminatory period of the 1990s, UNMIK’s rule of the first decade of the 2000s and, finally, independent Kosovo. Laws are scattered through several legal texts, regulate different aspects of property rights, and often refer to institutions that no longer exist. This paper focuses on the specific issues affecting property law in Kosovo, a sector where international organizations and bilateral cooperation are massively intervening. While assessing legal acts in force and data collected on the field, the author argues how, for an effective reformation of the sector, a clear and coordinated strategy will have to be adopted by the two main donors which, in the next few years, will be launching several technical assistance contracts. Comparing European best practices with the proposed intervention suggested by the European Union and USAID will also give the chance to illustrate how a strict adherence to ECHR standards in the field of property, as the Constitution of Kosovo requires, will bring to light problems already seen in other European countries, that is to say a clash between domestic civil legislation on property, on the one hand, and the case-law of the European Court of Human Rights on Article 1 Protocol 1, on the other. The author will also notice that the tendency to adopt a too political approach, typical of international organizations and donors, in an area characterized by legal principles of a more technical nature, will be cause for additional confusion.

The Lack of Special and General Usages A Weakness for the Normal and Reliable Function of Kosovo Permanent Tribunal of Arbitration

Business relations of economic entities operating in Kosovo have begun to be regulated similarly to those of modern countries, in accordance with the spirit of globalization. In this segment the local institutions recently succeeded in completing the primary legislation and partially the secondary one. Within this activity has been done also the reforming of judicial system, have been redefined the competencies of judicial authorities for disputes in the field of economy and above all within the Chamber of Commerce is established the Permanent Tribunal of Arbitration as a specialized agency for solving disputes of contractual business relations. With all these achievements it is estimated that this court cannot be efficient and functional because starting from 1989 the Usages as juridical resources which are contracted by parties do not only exist but no one has identify, collect and publish them in the official newspaper. Based to this situation there are problems that actually do not have answers and confused situation is creating legal uncertainty. For a long period we have been part of Former Yugoslavia and question arise: are the special and general Usages issued in 22 March 1989, considering the fact that UNIMK Regulation for Applicable Law in Kosovo in the Point 2 allows to implement the Serbian laws after March 1989 if not discriminatory, applicable in Kosovo? No regulation determines the competence of any institution that issue Usages. On the other side we are aware of the fact that the most business relations in the modern world are regulated by contracting Usages and in Kosovo we do not have regulate this segment and the Permanent Tribunal of Arbitration cannot be in the level of its duty. DOI: 10.5901/mjss.2014.v5n19p108

Analysis of current events: “towards the rule of law in Kosovo: EULEX should go”

Following Kosovo's declaration of independence in February 2008, the European Union deployed a rule of law mission in Kosovo (EULEX). While EULEX and its supporters have argued that the mission has the potential to succeed, critics claim that the mission has failed to significantly improve Kosovo's rule of law institutions, to address the rule of law vacuum in the north of Kosovo, and to prosecute high-level organized crime and corruption. I argue that the critics are correct, and explain that the mission is fundamentally flawed due to its neutrality about Kosovo's independence, its rejection of conditionality and capacity building, and its difficulty investigating politicized crimes. Consequently, the mission cannot overcome the inherent challenges of building the rule of law in Kosovo, namely the desire of the Kosovo Albanian majority for independence and the connection between politics and criminality. The paper concludes that EULEX should not be renewed, since the mission's main functions could be better fulfilled by other international organizations, namely the NATO-led Kosovo Force and the European Union Office.

Eulex's Impact on the Rule of Law in Kosovo

Kosovo es el mayor receptor per capita de la ayuda financiera de la UE en el mundo, y es el hogar de la mayor mision de gestion civil de crisis jamas lanzado por la Union Europea (EULEX). Sin embargo, es dudoso que esta ayuda haya sido suficientemente eficaz. El poder judicial sigue sufriendo la interferencia politica, la ineficiencia y la falta de transparencia y cumplimiento. En este trabajo se considera la asistencia de la UE para Kosovo en el ambito del Estado de Derecho y se intenta evaluar si se estan alcanzando los resultados previstos. Se discute el impacto de EULEX en el progreso global de las principales areas del Estado de Derecho: la policia y la justicia.

European union mission for the rule of law in Kosovo

Here we have studied the international circumstances that have affected the deployment of the EULEX Mission in Kosovo. The EULEX mission is the European Union Mission for the Rule of Law in Kosovo. Its main goal is to advise, assist and support the Kosovo authorities in issues of the rule of law, especially in the field of police, judiciary and customs performance. Also this mission has the responsibility to develop and further strengthen the independent multi-ethnic justice system in Kosovo, by ensuring that the rule of law institutions are not politically influenced and that they meet the known international standards and best European practices. This mission was foreseen to be deployed to Kosovo, based on the Ahtissari Comprehensive Status Proposal for Kosovo, but due to its non-approval by the UN Security Council, its full implementation was delayed until December 2008. EULEX acts within the framework of Resolution 1244 of the UN Security Council and under a single chain of command in Brussels. EULEX officials have supported Kosovo Police, the Judiciary system and Kosovo Customs, through MMA actions for achieving objectives and goals that are foreseen by the program strategy of EULEX. But in terms of efficiency, EULEX has only achieved modest results. In the northern part of Kosovo, EULEX has failed, as a result of its ambivalent mandate and incoherence of EU Foreign and Security Policy.

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

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.

Laboratory of the International Community? Role of International Organizations in the Re-establishment of the Rule of Law in Kosovo

INTRODUCTION (1) Various interventions of an international community in failed states or otherwise unstable territories have showed the crucial importance of the rule of law in re-establishing order in post-conflict societies. The territorial status of the world's newest state, Kosovo, was resolved by its unilateral declaration of independence on February 17, 2008. The current situation in Kosovo brings many points of major legal interest. This paper discusses the roles and goals of international and local organizations and institutions in Kosovo and evaluates their impact upon post-conflict capacity-building efforts. However, the effectiveness of these institutions is undermined by various challenges which erode respect for the rule of law in Kosovo. There are many areas undermining the rule of law efforts, such as organized crime and corruption, serious deficiencies in the justice system (including, inter alia, lack of witness protection), human rights violations, and high unemployment. This paper focuses on two of these areas--organized crime and human rights concerns. First, the legal basis of the European Union Rule of Law Mission (EULEX) and its task in fighting the organized crime will be briefly examined. Second, the role of a newly established Constitutional Court of Kosovo acting also as the final arbiter of the interpretation and application of European Convention on Human Rights (ECHR) will be assessed. The final chapter offers some recommendations for the future since it is argued that most of the challenges which were faced by the United Nations Mission in Kosovo (UNMIK) and North Atlantic Treaty Organization (NATO) still exist in Kosovo. WHAT ROLE DOES THE EULEX MISSION PLAY IN KOSOVO? EULEX is the EU's largest civilian operation ever deployed, both in terms of personnel and budget. (2) In order to strengthen stability in the region, the European Union shall assist Kosovo by means of a European Security and Defence Policy mission. EULEX is a technical rule of law mission which covers three main components: police, customs, and justice. EULEX should assist Kosovo authorities by mentoring, monitoring, and advising while respecting the local ownership. The legal basis for the establishment of EULEX is the Council Joint Action 2008/124/CFSP (Joint Action) supported by all twenty-seven EU member states. In addition to the Joint Action, EULEX is also claiming to be operating under the general framework of UN Security Council Resolution 1244 (1999), (3) which is explicitly mentioned in the Joint Action. One could argue that this is a rather broad interpretation of Resolution 1244. Resolution 1244 was clearly adopted in a different time (1999) and a different context (UNMIK as an international administration, and KFOR as international security force entered Kosovo as the part of Federal Republic of Yugoslavia/Serbia), i.e., in a situation which in no way anticipated the independence of Kosovo. Obviously, there is no reference in Resolution 1244 to EULEX as such. At the same time, the UN Security Council did not replace Resolution 1244; therefore, the legal basis of a new mission from an international law point of view was not clear-cut. This can be illustrated by the fact that the Kosovo authorities have repeatedly stated that Resolution 1244 is no longer relevant and that the institutions of Kosovo have no legal obligation to abide by it. The relationship between and EULEX has often been described as EULEX taking over from UNMIK or replacing UNMIK. However, a change of the legal status of Kosovo has and will continue to have a significant impact on a different role and mandate of EULEX. EULEX is not a successor of UNMIK; accordingly, there was no formal handover. In addition, the issue of the (non)recognition of the independence of Kosovo has an impact on EULEX status and effectiveness in the whole territory of Kosovo, including the parts with the Serbian majority. …

Building the Rule of Law in Kosovo

Building the Rule of Law in Kosovo

Legal constraints on the international community's responses to gross violations of human rights and humanitarian law in Kosovo, east Timor, and Chechnya

Legal constraints on the international community's responses to gross violations of human rights and humanitarian law in Kosovo, east Timor, and Chechnya

The Rule of Law in Kosovo: Problems and Prospects

The Rule of Law in Kosovo: Problems and Prospects