INTERIM MEASURES FOR SECURING THE CLAIM IN CIVIL PROCEEDINGS IN KOSOVO: LEGAL AND PRACTICAL ASPECTS

The primary aim of interim measures is to preserve the rights and interests of the parties in civil litigation. The Law on Contested Procedure enumerates two types of measures designed to safeguard the rights of each party, and to preserve the court’s ability to render a meaningful judgement in the litigation. The measures provided in the law are categorized into two groups: security measures and interim measures. Although both measures share some similarities, judicial practice has revealed a number of nuanced differences that make each distinctly unique. As a result, courts tend to frequently apply interim measures as a legal mechanism for preventing any irreparable harm or loss to a party before the final judgement on the merits of the case is rendered. An additional element that brought some opposing views among the members of the judiciary, is the right to use legal remedies. This paper will analyze disparities in application of the measures, discuss the legal framework for such application and examine recent judicial practice regarding the use of legal remedies

Ustavna načela i njihov utjecaj na uspostavu ustavnog poretka i vladavine prava na Kosovu

Considered as a progressive document based on the models of the Western constitutions, the Constitution of the Republic of Kosovo has established the legal basis for a functional statethat respects rights and fundamental freedoms while guaranteeing the rule of law. In its provisions, the Constitution has laid down basic principles which serve as the foundation for Kosovo’s constitutional order. In this regard, these constitutional principles have been further enshrined in the provisions of laws that emanate from the Constitution, and also have been established in the institutional mechanisms for its appropriate application. In addition, what played a prominent role in defining these principles was the impact of the Constitutional Court’s case-law. Case-law has reaffirmed in many instances the tremendous importance of constitutional principles in enhancing the rule of law, protecting the rights of minority groups and other members of Kosovo’s society, and the right to freedom of belief and secularism by implementing the most modern European standards in human protection. Hence, this paper analyzess the impact that constitutional principles have had on defining the structure of the state, guaranteeing the rule of law, protection of human rights and establishing Kosovo as a multi-ethnic society. Likewise, it examines the case-law of Kosovo’s Constitutional Court by providing some of the most prominent cases.Ustav Republike Kosovo, koji se smatra progresivnim dokumentom zasnovan na modelima zapadnih ustava, uspostavio je pravnu osnovu za funkcionalnu državu koja poštuje prava i temeljne slobode, a istovremeno jamči vladavinu zakona. U svojim odredbama Ustav je postavio osnovna načela koja služe kao temelj ustavnog poretka Kosova. S tim u vezi, ova ustavna načela dalje su ugrađena u odredbe zakona koji proizlaze iz Ustava, a uspostavljena su i u institucionalnim mehanizmima za njegovu primjerenu primjenu. Uz to, ono što je imalo istaknutu ulogu u definiranju ovih načela bio je utjecaj sudske prakse Ustavnog suda. Sudska praksa je u mnogim slučajevima potvrdila ogromnu važnost ustavnih načela u jačanju vladavine prava, zaštiti prava manjinskih skupina i ostalih članova kosovskog društva, te prava na slobodu vjerovanja i sekularizma primjenom najmodernijih europskih standarda u ljudskoj zaštiti. U članku se analizira utjecaj koji su ustavna načela imala na definiranje strukture države, jamstva vladavine prava, zaštitu ljudskih prava i izgradnju Kosova kao multietničkog društva. U radu se također preispituje praksa Ustavnog suda Kosova ukazivanjem na najistaknutije odluke

Judicial Independence in Kosovo. A Critical Analysis of Select Provisions of the Law on Courts

As the Republic of Kosovo continues to develop as independent state, the world watches closely. Of particular interest to many is whether Kosovo will truly embrace the rule of law or whether it’s growth will continue to be hampered by the long shadow of corruption. As the judiciary plays a central role in ensuring the rule of law is implemented and followed, it is critical that judges are free to exercise their judicial power freely and without fear of recourse from other members of the government, or the public. To this end, the newly revised Law on Courts is a key piece of legislation, as it specifies the qualifications, rights, and duties of the judges. This paper will analyze key provisions of the Law on Courts, paying special attention to how they impact judicial independence

Judicial Independence in Kosovo. A Critical Analysis of Select Provisions of the Law on Courts

As the Republic of Kosovo continues to develop as independent state, the world watches closely. Of particular interest to many is whether Kosovo will truly embrace the rule of law or whether it’s growth will continue to be hampered by the long shadow of corruption. As the judiciary plays a central role in ensuring the rule of law is implemented and followed, it is critical that judges are free to exercise their judicial power freely and without fear of recourse from other members of the government, or the public. To this end, the newly revised Law on Courts is a key piece of legislation, as it specifies the qualifications, rights, and duties of the judges. This paper will analyze key provisions of the Law on Courts, paying special attention to how they impact judicial independence