Property Rights and Functioning of Judicial System in Kosovo as a Preconditions for Economic Development of the Country

• Author: Haxhi Gashi - Qerkin Berisha
• Position: Profesor, PhD & Dean of Law Faculty Faculty of Law, University of Prishtina, Republic of Kosovo - Teaching Assistant Ma. Sc. Qerkin Berisha, PhD Candidate, Faculty of Law, University of Prishtina, Republic of Kosovo
• Pages: 87-100

JURIDICA

87

Property Rights and Functioning of

Judicial System in Kosovo as a

Preconditions for Economic Development

of the Country

Haxhi GASHI

1

, Qerkin BERISHA

2

Abstract: The issues related to property rights and their protections are deeply complex ones that affect

the life of all citizens of Republic of Kosovo. Even though, improvements on the functioning of judicial

system in Kosovo are evident in recent years, continuous challenges regarding judicial affectivity and

efficiency as well as independence, continue to impact negatively upon the rule of law and access to

justice in Kosovo. Therefore this has direct impact on implementation of some of basic international

human rights standards in the field of property rights. Furthermore, these challenges in the field of

property rights and rule of law have direct impact on the foreign investments and economic

development of the country. This paper will try to address some of main challenges that Kosovo judicial

system is facing, in particular related to protection of property rights as well as challenges on

functioning of civil judicial system in Kosovo. These challenges have other effects on investments and

welfare of society, creating barriers for a proper economic development of the country and therefore

producing uncertainty among population and creating the idea of migration in order to seek new

opportunities.

Keywords: Kosovo; property; rule of law

1. Introduction

Kosovo has achieved considerable progress in recent years with regard to

implementation of reforms including state and institutional building; however,

challenges still remain with regard to implementation of property rights and rule of

law in Kosovo. Rule of Law and Access to Justice are considered among the main

political conditions for Kosovo in the process of EU Integration. This is clearly

1

Profesor, PhD & Dean of Law Faculty Faculty of Law, University of Prishtina, Republic of Kosovo,

Address: P rishtina, Republic of Kosovo, Tel. +381(0)38 229 063/ 220 484, Corresponding author:

haxhi.gashi@uni-pr.edu.

2

Teaching Assistant Ma. Sc. Qerkin Berisha, PhD Candidate, Faculty of Law, University of Prishtina,

Republic of Kosovo. Address: Prishtina, Republic of Kosovo, Tel. +381(0)38 229 063/ 220 484, E-

mail: qerkin.berisha@uni-pr.edu.

AUDJ, vol. 13, no. 2/2017, pp. 87-100