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Integration of Serb Judges and Prosecutors from the North Into the Kosovar Justice System
Policy Analysis No. 11/2018 Going south? Integration of Serb Judges and Prosecutors from the North into the Kosovar Justice System _ November 2018 1 Group for Legal and Political Studies is an independent, non-partisan and non-profit public policy organization based in Prishtina, Kosovo. Our mission is to conduct credible policy research in the fields of politics, law and economics and to push forward policy solutions that address the failures and/or tackle the problems in the said policy fields. legalpoliticalstudies.org 2 Policy Analysis 11/2018 Going south? Integration of Serb Judges and Prosecutors from the North into the Kosovar Justice System Authors: Rreze Hoxha*, Francisco José García Martínez ** November 2018 © Group for Legal and Political Studies, November, 2018. The opinions expressed in this document do not necessarily reflect those of Group for Legal and Political Studies donors, their staff, associates or Board(s). All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any mean without the permission. Contact the administrative office of the Group for Legal and Political Studies for such requests. Group for Legal and Political Studies “Rexhep Luci‟ str. 16/1 Prishtina 10 000, Kosovo Website: www.legalpoliticalstudies.org E-mail: [email protected] Tel/fax.: +381 38 234 456 * Research Fellow, Group for Legal and Political Studies, Prishtina ** International Research Fellow, Group for Legal and Political Studies, Prishtina “This publication is published by the support of the Democratic Society Promotion (DSP) – financed by the Swiss Development and Cooperation Office (SDC) and Danish Ministry of Foreign Affairs (DANIDA), and managed by the Kosovo Civil Society Foundation (KCSF). -
Community Rights Assessment Report Fourth Edition
COMMUNITY RIGHTS ASSESSMENT REPORT FOURTH EDITION NOVEMBER, 2015 Cover photograph: OSCE/Šehida Miftari, March 2015 Organization for Security and Co-operation in Europe MISSION IN KOSOVO Community Rights Assessment Report Fourth Edition November, 2015 TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................................... 4 INTRODUCTION ...................................................................................................................................... 5 1. INTER-COMMUNITY DIALOGUE ..................................................................................................... 6 Inter-ethnic dialogue and dealing with the past ................................................................................ 6 Education and dialogue ...................................................................................................................... 7 2. SECURITY AND JUSTICE SYSTEM ..................................................................................................... 9 Security trends and responses ............................................................................................................ 9 Rule of Law ....................................................................................................................................... 11 Property rights and reduction of backlog ......................................................................................... 13 Access to Justice .............................................................................................................................. -
European Union Election Expert Mission Kosovo 2021 Final Report
European Union Election Expert Mission Kosovo 2021 Final Report Early Legislative Elections 14 February 2021 The Election Expert Missions are independent from the institutions of the European Union. The views and opinions expressed in this report are those of the authors and do not necessarily reflect the official policy and position of the European Union. European Union Election Expert Mission Kosovo* Early Legislative Elections – 14th February 2021 Final report I. SUMMARY Elections were held for the 120-member unicameral Kosovo Assembly on 14th February 2021. As with the four previous legislative elections since Kosovo’s 2008 declaration of independence, these were early elections provoked by a political crisis. The elections were competitive, and campaign freedoms were generally respected. There was a vibrant campaign, except in the Kosovo Serb areas. Despite a very short timeframe and challenges caused by the COVID-19 pandemic, the Central Election Commission (CEC) administered the elections well and in a transparent manner, although problems with Out of Kosovo voting reduced confidence in that part of the process. Election day was assessed by local observers as orderly, with voters participating in high numbers. However, as with previous elections, the process deteriorated during the vote count and a large number of recounts were ordered due to discrepancies in the results protocols. Such long-standing systemic problems, which have been identified in previous EU EOMs, should be addressed to enable Kosovo to fully meet international standards for democratic elections. These elections were held in an increasingly polarised atmosphere, influenced by the turbulent political developments since the last legislative elections. -
Constitution of the Republic of Kosovo - I - CONSTITUTION of the REPUBLIC of KOSOVO CHAPTER I BASIC PROVISIONS
Constitution of the Republic of Kosovo - i - CONSTITUTION OF THE REPUBLIC OF KOSOVO CHAPTER I BASIC PROVISIONS.......................................................................................................................1 ARTICLE 1 [D EFINITION OF STATE ]...........................................................................................................................1 ARTICLE 2 [S OVEREIGNTY ] .......................................................................................................................................1 ARTICLE 3 [E QUALITY BEFORE THE LAW ].................................................................................................................1 ARTICLE 4 [F ORM OF GOVERNMENT AND SEPARATION OF POWER ] .........................................................................1 ARTICLE 5 [L ANGUAGES ]..........................................................................................................................................2 ARTICLE 6 [S YMBOLS ] ..............................................................................................................................................2 ARTICLE 7 [V ALUES ].................................................................................................................................................2 ARTICLE 8 [S ECULAR STATE ]....................................................................................................................................2 ARTICLE 9 [C ULTURAL AND RELIGIOUS HERITAGE ] .................................................................................................3 -
Kosovo's Constitution of 2008 with Amendments Through 2016
PDF generated: 26 Aug 2021, 16:35 constituteproject.org Kosovo's Constitution of 2008 with Amendments through 2016 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:35 Table of contents Preamble . 7 Chapter I: Basic Provisions . 7 Article 1: Definition of State . 7 Article 2: Sovereignty . 7 Article 3: Equality Before the Law . 7 Article 4: Form of Government and Separation of Power . 8 Article 5: Languages . 8 Article 6: Symbols . 8 Article 7: Values . 8 Article 8: Secular State . 8 Article 9: Cultural and Religious Heritage . 9 Article 10: Economy . 9 Article 11: Currency . 9 Article 12: Local Government . 9 Article 13: Capital City . 9 Article 14: Citizenship . 9 Article 15: Citizens Living Abroad . 9 Article 16: Supremacy of the Constitution . 9 Article 17: International Agreements . 9 Article 18: Ratification of International Agreements . 10 Article 19: Applicability of International Law . 10 Article 20: Delegation of Sovereignty . 10 Chapter II: Fundamental Rights and Freedoms . 10 Article 21: General Principles . 10 Article 22: Direct Applicability of International Agreements and Instruments . 11 Article 23: Human Dignity . 11 Article 24: Equality Before the Law . 11 Article 25: Right to Life . 12 Article 26: Right to Personal Integrity . 12 Article 27: Prohibition of Torture, Cruel, Inhuman or Degrading Treatment . 12 Article 28: Prohibition of Slavery and Forced Labor . 12 Article 29: Right to Liberty and Security . 12 Article 30: Rights of the Accused . 13 Article 31: Right to Fair and Impartial Trial . -
Kosovo's Constitutional Court Review and Snap Elections: Legal Analysis, and Scenarios Summary
18 January 2021 KOSOVO’S CONSTITUTIONAL COURT REVIEW AND SNAP ELECTIONS: LEGAL ANALYSIS, AND SCENARIOS SUMMARY In late 2020, the Constitutional Court of Kosovo found that the election of the government of Prime Minister Avdullah Hoti, six months after it was elected, did not receive a majority following the invalidity of one of the 61 votes in the 120-seat Assembly of Kosovo. The vote in question was cast by Member of Parliament (MP) Etem Arifi who had been found guilty on a fraud charge prior to the elections. The Constitutional Court ruling published on 6 January 2021 forced early elections to be held within 40 days —the Acting President set the date for the elections on 14 February 2021. Yet, the Hoti government was in a crisis even before the Court’s ruling with severe disagreements between coalition partners and a lack of a working majority in the Assembly. The LDK-led coalition with AAK and NISMA (and ethnic minorities) was unlikely to secure votes for the election of the President. Just before its dissolution, the Assembly managed to pass the 2021 Budget. Currently, Kosovo is in an institutional vacuum, with an Acting President (also Chair of the Assembly), a dissolved Assembly and a caretaker government. The Acting President, Vjosa Osmani will run for elections and has announced the formation of a new political initiative which presents a legal challenge to the position of “representing the unity of people”. If elected, the Presidency would be vacant, and an institutional void would prevail until the Assembly elects the new Chair. -
Freedom House, Its Academic Advisers, and the Author(S) of This Report
Kosovo by Group for Legal and Political Studies Capital: Pristina Population: 1.816 million GNI/capita, PPP: $10,200 Source: World Bank World Development Indicators. Nations in Transit Ratings and Averaged Scores NIT Edition 2017 2018 2009 2011 2016 2010 2012 2013 2014 2015 National Democratic Governance 5.25 5.50 5.75 5.75 5.75 5.50 5.50 5.50 5.50 5.50 Electoral Process 4.50 4.25 4.50 5.00 5.00 4.75 4.75 4.75 4.75 4.50 Civil Society 4.00 3.75 3.75 3.75 4.00 3.75 3.75 3.75 3.75 3.75 Independent Media 5.50 5.50 5.75 5.75 5.75 5.75 5.50 5.25 5.00 5.00 Local Democratic Governance 5.25 5.00 5.00 4.75 4.75 4.75 4.75 4.50 4.50 4.50 Judicial Framework and Independence 5.75 5.75 5.75 5.50 5.50 5.50 5.75 5.75 5.50 5.50 Corruption 5.75 5.75 5.75 5.75 6.00 6.00 6.00 6.00 5.75 5.75 Democracy Score 5.14 5.07 5.18 5.18 5.25 5.14 5.14 5.07 4.96 4.93 NOTE: The ratings reflect the consensus of Freedom House, its academic advisers, and the author(s) of this report. The opinions expressed in this report are those of the author(s). The ratings are based on a scale of 1 to 7, with 1 representing the highest level of democratic progress and 7 the lowest. -
Kosovo After Haradinaj
KOSOVO AFTER HARADINAJ Europe Report N°163 – 26 May 2005 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION .......................................................................................................... 1 II. THE RISK AND DEFLECTION OF REBELLION................................................... 2 A. MANAGEMENT OF THE HARADINAJ INDICTMENT ..................................................................2 B. SHADOW WARRIORS TEST THE WATER.................................................................................4 C. THE "WILD WEST" ON THE BRINK ........................................................................................6 D. DUKAGJINI TURNS IN ON ITSELF ...........................................................................................9 III. KOSOVO'S NEW POLITICAL CONFIGURATION.............................................. 12 A. THE SHAPE OF KOSOVO ALBANIAN POLITICS .....................................................................12 B. THE OCTOBER 2004 ELECTIONS .........................................................................................13 C. THE NETWORK CONSOLIDATES CONTROL ..........................................................................14 D. THE ECLIPSE OF THE PARTY OF WAR? ................................................................................16 E. TRANSCENDING OR DEEPENING WARTIME DIVISIONS?.......................................................20 IV. KOSOVO'S POLITICAL SYSTEM AND FINAL STATUS.................................. -
Report of the Council of Europe Commissioner for Human Rights' Special Mission to Kosovo1 23 – 27 March 2009
Strasbourg, 2 July 2009 CommDH(2009)23 Original version Report of the Council of Europe Commissioner for Human Rights’ Special Mission to Kosovo1 23 – 27 March 2009 1 All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 (1999) and without prejudice to the status of Kosovo. CommDH(2009)23 Table of Contents Introduction....................................................................................................................................3 I. International Presence in Kosovo .......................................................................................3 II. Structures for the protection of human rights ...................................................................5 2.1 Legal framework .............................................................................................................5 2.2 Ombudsperson institution...............................................................................................6 2.3 Kosovo Assembly ...........................................................................................................7 2.4 Advisory Office on Good Governance, Human Rights, Equal Opportunities and Gender Issues ..........................................................................................................................................7 2.5 Human Rights Units within Ministries .............................................................................8 -
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Band 12 / 2018 Band 12 / 2018 The EU’s Western Balkan strategy is gaining a new and positive momentum. However, this development leads to the question how to deal with the challenges lying ahead for overcoming blockades and improving intra-state/neighbourhood relations in South East Europe. This general issue was comprehensively Overcoming Blockades and analysed by the Study Group “Regional Stability in South East Europe” at its 36th Workshop. Improving Intra-State Thus it appears that South East Europe, and especially the peace consolidating Western Balkans, seems to be at a decisive Neighbourhood Relations in South East Europe crossroads once again. This will either lead to the substantial improvement of intra-state and regional relations among future EU members or will prolong nationalistic, anti-democratic and exclusive policies, thereby harming also EU integration as the core consolidation tool in the Western Balkans. Overcoming Blockades and Improving Intra-State and Improving Blockades Overcoming ISBN: 978-3-903121-53-9 Predrag Jureković (Ed.) 12/18 36th Workshop of the PfP Consortium Study Group “Regional Stability in South East Europe” (Ed.) Jureković Study Group Information Study Group Information Predrag Jureković (Ed.) Overcoming Blockades and Improving Intra-State/ Neighbourhood Relations in South East Europe 36th Workshop of the PfP Consortium Study Group “Regional Stability in South East Europe” 12/2018 Vienna, September 2018 Imprint: Copyright, Production, Publisher: Republic of Austria / Federal Ministry of Defence Rossauer -
Serbia Kosovo
d ANALYSIS 03/04/2012 SERBIA - KOSOVO: A GLIMMER OF LIGHT AT THE END OF THE TUNNEL? By Lieutenant Colonel (ret.) Pierre ARNOLD ESISC Research Associate Finally! On 24 February 2012, Serbia and Kosovo succeeded in reaching their first overall agreement. The two adversaries have, for the first time, moved to the foreground their wish to emerge from their isolation and seize the chance of becoming Europeans (nearly) like everyone else. While nothing is firmly in place, the two governments, which have taken what are no doubt calculated risks vis-à-vis their public opinions, have given way to international pressure coming from many sources and have ended up taking the first step. Relations nevertheless still tense between Belgrade and Priština The year 2011 saw a succession of miscellaneous incidents, more or less serious, on the border between Kosovo and Serbia. When the post of Jarinje was vandalised, President Tadić essentially called attention to the action of persons aiming at putting the bilateral dialogue in question, while the Kosova Prime Minister spoke of ‘parallel Serb structures’1. The Serbian President avoided implicating his fellow citizens of Kosovo, knowing that he had only a rather narrow margin for manœuvre with them. In order to avoid in the future this type of attack, some observers suggested as the solution negotiations and assistance with legal commerce 2. These negotiations ended seven months later in results which no one expected any longer: a ‘semi-recognition’ by Belgrade of the existence of Kosovo. Meanwhile, Belgrade and Priština have understood that normalisation of trade between the two countries was without doubt the solution. -
EUROPEAN COMMISSION Brussels, 6.10.2020 SWD(2020) 356 Final COMMISSION STAFF WORKING DOCUMENT Kosovo* 2020 Report Accompany
EUROPEAN COMMISSION Brussels, 6.10.2020 SWD(2020) 356 final COMMISSION STAFF WORKING DOCUMENT Kosovo* 2020 Report Accompanying the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2020 Communication on EU Enlargement Policy {COM(2020) 660 final} - {SWD(2020) 350 final} - {SWD(2020) 351 final} - {SWD(2020) 352 final} - {SWD(2020) 353 final} - {SWD(2020) 354 final} - {SWD(2020) 355 final} *This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence. EN EN Table of Contents 1. INTRODUCTION .............................................................................................................. 3 1.1. Context ......................................................................................................................... 3 1.2 Summary of the report ................................................................................................. 4 2. FUNDAMENTALS FIRST: POLITICAL CRITERIA AND THE RULE OF LAW ............................ 7 2.1 Functioning of democratic institutions and public administration reform ................... 7 2.2.1 Democracy ................................................................................................................... 7 2.1.2 Public administration reform ...................................................................................... 13 2.2 Rule of law and fundamental rights