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Judiciary of Kosovo
The Judiciary of Kosovo is the collection of the central Kosovo institutions that exercises judicial authority in Kosovo. According to the 2008 Constitution of Kosovo, the judicial system is composed of the Supreme Court and subordinate courts, a Constitutional Court, and an independent prosecutorial institution. The courts are administered by the Kosovo Judicial Council.
Until 2010, when the Law on Courts was approved by the Parliament of the Republic of Kosovo, the 1978 Law on Courts was in force. Under this law there was a regular system of courts consisting of the Municipal Court, District Court, the Court for Minor Offences, the High Court for Minor Offences and the Supreme Court. After the Constitution was enacted, another Court was added to the judicial system: Constitutional Court. But, as explained below, with the new law in force, the system of the Courts and Prosecution Offices had started to change.
In 1999, UNMIK was deployed to provide an interim administration of Kosovo through the present times and now when the justice system operates under the authority of the Constitution of the Republic of Kosovo. This period is sub-divided into four major periods, i.e. the establishment of an emergency justice system by UNMIK (June to December 1999), the justice system under the Joint Interim Administrative Structure (January 2000 to May 2001), the justice system under the Constitutional Framework for Self-Government in Kosovo (May 2001 to February 2008), and the justice system under the Constitution of the Republic of Kosovo (February 2008 to present).
On 15 December 2000, UNMIK Regulation 2000/64 was issued allowing for the assignment of international judges, prosecutors, or so called "Regulation 64 Panels", for particular cases. On 6 July 2003, UNMIK Regulation 2003/25 and 2003/26 were issued, enacting the Provisional Criminal Code and Provisional Criminal Procedure Code, replacing the Yugoslav Federal Criminal Code still in effect. On March 13, 2008, the Assembly passed Law 2008/03-L053, the Law on Jurisdiction, Case Selection and Case Allocation of EULEX Judges and Prosecutors in Kosovo, as well as Law 2008/03-L052, the Law on Special Prosecution Office of the Republic of Kosovo. These laws recognize the authority of EULEX judges, prosecutors, and courts to work in tandem with their Kosovan counterparts, which are governed by the Assembly of the EULEX Judges and an Assembly of the EULEX Prosecutors, respectively.
Provisions of the Law on Courts which came into force on January 1, 2013 define the new court structure and their hierarchy in Kosovo. The new structure not only changes the old court organization, but it also establishes new courts which are now located in both, larger and small municipalities. The aim of this structure is to bring more efficiency courts, and bring judges and court-houses more closer to the citizens of Kosovo.
From January 1, 2013 the new structure of prosecution offices in Kosovo will reflect the goal of the general justice reform in Kosovo towards more efficient, modern and professional approach to prosecution services, and better access to justice for all people.
Effective rule of law was and will remain critical for Kosovo to develop political, economic and social stability and security. Key to ensuring effective rule of law is a functioning justice system. Any form of political, administrative and judicial organization reflects the problems and challenges of its time, which it attempts to address by certain organizational forms. However, with time passing, the original purposes and policies tend to be overshadowed by new problems and challenges to be addressed by organizations, which were designed in a different historical context. In order to properly understand existing judicial institutions and bodies, it is important to understand the historical context which shaped their formation and structure. A reform of existing institutions cannot be undertaken without simultaneously taking into consideration the ‘past purposes’ and the ‘current challenges’ of such institutions.
The Supreme Court is the highest judicial authority in Kosovo and shall have territorial jurisdiction over the entirety of the Republic of Kosovo. The Supreme Court competencies include: requests for extraordinary legal appeals against final decisions of the courts of Republic of Kosovo, as provided by Law; revision against second instance decisions of the courts on contested issues, as provided by Law; defines principled attitudes and legal remedies for issues that have importance for unique application of Laws by the courts in the territory of Kosovo; Kosovo Property Agency cases as defined by Law; in its Special Chamber, Privatization Agency of Kosovo or Kosovo Trust Agency cases as provided by Law; and other matters as provided by Law. The Supreme Court includes the Appeals Panel of the Kosovo Property Agency and the Special Chamber of the Supreme Court, the judges of which are part of the Supreme. The Supreme Court of the Republic of Kosovo is Located in Prishtina.
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Judiciary of Kosovo
The Judiciary of Kosovo is the collection of the central Kosovo institutions that exercises judicial authority in Kosovo. According to the 2008 Constitution of Kosovo, the judicial system is composed of the Supreme Court and subordinate courts, a Constitutional Court, and an independent prosecutorial institution. The courts are administered by the Kosovo Judicial Council.
Until 2010, when the Law on Courts was approved by the Parliament of the Republic of Kosovo, the 1978 Law on Courts was in force. Under this law there was a regular system of courts consisting of the Municipal Court, District Court, the Court for Minor Offences, the High Court for Minor Offences and the Supreme Court. After the Constitution was enacted, another Court was added to the judicial system: Constitutional Court. But, as explained below, with the new law in force, the system of the Courts and Prosecution Offices had started to change.
In 1999, UNMIK was deployed to provide an interim administration of Kosovo through the present times and now when the justice system operates under the authority of the Constitution of the Republic of Kosovo. This period is sub-divided into four major periods, i.e. the establishment of an emergency justice system by UNMIK (June to December 1999), the justice system under the Joint Interim Administrative Structure (January 2000 to May 2001), the justice system under the Constitutional Framework for Self-Government in Kosovo (May 2001 to February 2008), and the justice system under the Constitution of the Republic of Kosovo (February 2008 to present).
On 15 December 2000, UNMIK Regulation 2000/64 was issued allowing for the assignment of international judges, prosecutors, or so called "Regulation 64 Panels", for particular cases. On 6 July 2003, UNMIK Regulation 2003/25 and 2003/26 were issued, enacting the Provisional Criminal Code and Provisional Criminal Procedure Code, replacing the Yugoslav Federal Criminal Code still in effect. On March 13, 2008, the Assembly passed Law 2008/03-L053, the Law on Jurisdiction, Case Selection and Case Allocation of EULEX Judges and Prosecutors in Kosovo, as well as Law 2008/03-L052, the Law on Special Prosecution Office of the Republic of Kosovo. These laws recognize the authority of EULEX judges, prosecutors, and courts to work in tandem with their Kosovan counterparts, which are governed by the Assembly of the EULEX Judges and an Assembly of the EULEX Prosecutors, respectively.
Provisions of the Law on Courts which came into force on January 1, 2013 define the new court structure and their hierarchy in Kosovo. The new structure not only changes the old court organization, but it also establishes new courts which are now located in both, larger and small municipalities. The aim of this structure is to bring more efficiency courts, and bring judges and court-houses more closer to the citizens of Kosovo.
From January 1, 2013 the new structure of prosecution offices in Kosovo will reflect the goal of the general justice reform in Kosovo towards more efficient, modern and professional approach to prosecution services, and better access to justice for all people.
Effective rule of law was and will remain critical for Kosovo to develop political, economic and social stability and security. Key to ensuring effective rule of law is a functioning justice system. Any form of political, administrative and judicial organization reflects the problems and challenges of its time, which it attempts to address by certain organizational forms. However, with time passing, the original purposes and policies tend to be overshadowed by new problems and challenges to be addressed by organizations, which were designed in a different historical context. In order to properly understand existing judicial institutions and bodies, it is important to understand the historical context which shaped their formation and structure. A reform of existing institutions cannot be undertaken without simultaneously taking into consideration the ‘past purposes’ and the ‘current challenges’ of such institutions.
The Supreme Court is the highest judicial authority in Kosovo and shall have territorial jurisdiction over the entirety of the Republic of Kosovo. The Supreme Court competencies include: requests for extraordinary legal appeals against final decisions of the courts of Republic of Kosovo, as provided by Law; revision against second instance decisions of the courts on contested issues, as provided by Law; defines principled attitudes and legal remedies for issues that have importance for unique application of Laws by the courts in the territory of Kosovo; Kosovo Property Agency cases as defined by Law; in its Special Chamber, Privatization Agency of Kosovo or Kosovo Trust Agency cases as provided by Law; and other matters as provided by Law. The Supreme Court includes the Appeals Panel of the Kosovo Property Agency and the Special Chamber of the Supreme Court, the judges of which are part of the Supreme. The Supreme Court of the Republic of Kosovo is Located in Prishtina.