Judicial control of administration in Kosovo

• Author: Bashkim Rrahmani
• Position: College AAB, Prishtina, Kosovo
• Pages: 382-389

Judicial control of administration in Kosovo

Assistant professor Bashkim RRAHMANI1

Abstract

The development of administration went through various phases after the war in

Kosovo (1999). Right after the war we cannot talk about the clear administration with the

local sense, since Kosovo based on the UN Security Council Resolution 1244 was put under

the international civil administration. Ten years later Kosovo Parliament approved the

Declaration of Independence after which the Kosovo Constitution was adopted, whose

main attribute was to create the state of Kosovo. Thus, based on this, the administration in

Kosovo was developed firstly as the internationally organized one; then it was locally

organized supervised by the international power and finally it is being developed based on

Kosovo Constitution and Kosovo Laws. With this paper author by explaining the process of

administration development, using: method of historical analysis, method of comparison

analysis, method of systemic analysis, etc., with the specific analysis of the judicial control

of Kosovo administration during these phases, as the basic form of the administration

control which is exercised by courts in Kosovo. Conclusions and recommendations of the

paper are expected to be used not only for academic debates.

Keywords: parliament, administration, constitution, judicial, control.

JEL Classification: K23, K41

1. Introduction

Kosovo is one of the eight federal units of the former federation of

Yugoslavia that became an independent state after the process of dissolution of

Yugoslavian federation. The creation of the Kosovo state was a complicated and

difficult process on which the engagement of the international community was

crucial. And this engagement was of various forms, including military intervention

against Yugoslav/serb forces during the NATO 78 days’ air strikes. The air strikes

ended in June 10, 1999 which actually was the date to be considered as the date

when in Kosovo started the establishment of the international civil administration.

This was the date when the UN Security Council adopted Resolution 12442 and

this was the date to end the war in Kosovo. International Civil Mission in Kosovo

called UNMIK3 started its mission and actually the first transfer of power done by

UNMIK was the management of the public administration. During the first five

years of post-conflict period in Kosovo, building process of public administration

1 Bashkim Rrahmani - College AAB, Prishtina, Kosovo, bashkim.rrahmani@universitetiaab.com.

2 This resolution among the other gave the duties and responsibilities in the political and

administrative field as per: temporal administration of Kosovo, establishing the self-governing

institutions in Kosovo and gradual transfer of responsibilities to Kosovo institutions.

3 See more at: https://unmik.unmissions.org/ (accessed April 17, 2018).