Judicial control of administration in Kosovo

AuthorBashkim Rrahmani
PositionCollege AAB, Prishtina, Kosovo
Judicial control of administration in Kosovo
Assistant professor Bashkim RRAHMANI1
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).

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