Documents Islami, Iliriana 2 results

"This contribution explores the incorporation of international human rights into state legislation, with a particular focus on Kosovo. We explore models of the interaction of national legal order with international law, as well as the wide margin of discretion in determining the enforcement of international human rights instruments. We further address the legal techniques for incorporating international human rights law and the role of the monitoring mechanisms of international organisations including the European Union and the Council of Europe. Kosovo represents an interesting example mainly because of the constitutionalisation and domestication of international human rights instruments during the UNMIK administration and after gaining independence. A member of neither the United Nations nor the Council of Europe, Kosovo has chosen to be legally bound by a long list of international human rights instruments. We examine how these norms have been further incorporated into national laws and whether legal incorporation was adequate in the Kosovo context"

"Kosovo as a new state aspires to EU membership; however, it is lagging behind other countries in the region in its path to European integration. Progress in Kosovo has, up to now, been generally positive and Kosovo has moved a long way since it declared independence on 17 February 2008. Nevertheless, in almost all the Progress Reports of the EU Commission there is a remark about the rule of law, mostly concerning the inefficiency of the regular courts as a result of corruption and other bad practices. The independence of the judiciary is a cornerstone of the whole process of the rule of law. Constitutional courts were frequently seen domestically as an instrument of change following the collapse of communism. Their establishment and operation has proved useful in promoting the rule of law and constitutionalism – and in Kosovo, too, without exception. This article aims to address the rule of law and EU policy concerning the judiciary, while the main focus is devoted to whether the practice of the Constitutional Court could lay down a basis for the rule of law in Kosovo"