Rule of Law. Peculiarities of Kosovo System

• Author: Iliriana Islami
• Position: Associate Professor, PhD, Vice Dean on International Affairs and Quality Insurance, Former Judge of the Constitutional Court, Faculty of Law, Prishtina University 'Hasan Prishtina', Kosovo
• Pages: 48-59

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 1/2017

48

Rule of Law. Peculiarities of Kosovo

System

Iliriana ISLAMI

1

Abstract: Nowadays there is a general call, of every international institution, meaning EU, and other

international mechanism requiring and basing their policies on the principle of conditiona lity (Pippan,

2004) by urging states to undertake steps to fulfill the whole range of political and economic

conditions in return for partnership, membership or monetary aid. Conditionality is screened through

the new lenses of order and stability based on rule of law, democracy, free market economy, and

respect for human rights and minority rights, envisaged as Western values. (Copenhagen Criteria,

1993) To achieve this aim the rule of law is considered as occupying a unique po sition in a

democratic society, therefore it is called upon states to create conditions for refor ms on a judiciary as

the traditional mechanism to decide on disputes, to protect citizens from the arbitrary political

affiliation or private individuals. As such, it fights corruption too. (Un Judge) Simply said it is

required from the states to creat e conditions to achieve the independent judiciary, th rough which

democratic society can be created. As such, these analyses give hints on the issue of rule of law from

the transitional phase of UNMIK to Kosovar Institution elucidating the presence of the EU EULEX

Mission, too. Therefore, in the case of Kosovo the challenge of the judiciary system was twofold

concerning UNMIK and EU Mission and the establishment o f the Kosovo Constitution from a nother

side.

Keywords: Rule of Law; UNMIK; judiciary; EULEX; Constitution; Kosovo

1. Introduction

Kosovo was administered territory through international organization UNMIK,

(1999-2008) until Kosovo has reached Independence on 2008. In the early phase

UNMIK it has de facto recognized politically as a state-like entity. (Brandt, 2005).

In such environment the political system in Kosovo has been based on the rule of

1

Associate Professor, P hD, Vice Dean on International Affairs and Quality Insurance, Former Judge

of the Constitutional Court, Faculty of Law, Prishtina University “Hasan Prishtina”, Kosovo,

Address: Rruga, “Agim Ramadani”, P rishtinë 10000, Kosovo, Tel.: +381(0)38 229 063/ 220 484,

Fax: +381(0)38 229 744, E-mail: ilirianaislami@yahoo.com.

AUDJ, vol. 13, no. 1/2017, pp. 48-59