Bashkim Rrahmani | AAB College (original) (raw)
Papers by Bashkim Rrahmani
Eastern Journal of European Studies, Dec 31, 2023
Women in different global contexts: Culture - Gender - Violence, 2014, ISBN 978-83-7850-685-0, págs. 83-88, 2014
Marital and Inheritance Law from the Middle Ages to the Positive Law. From Scanderbeg Canon to Positive Law, 2023
Insight Turkey
The dialogue between Kosovo and Serbia facilitated and mediated by the EU and strong U.S. support... more The dialogue between Kosovo and Serbia facilitated and mediated by the EU and strong U.S. support is a critical part of sustainable peace, stability, and the road to the European integration of the Western Balkans. This article seeks to provide the mediators’ insights into the process of dialogue by outlining the factors and circumstances in which it is being developed, as well as analyzing strategies that lead toward desired success, peace, stability, and the EU integration of the Western Balkans. The article discusses the important issues linked with the dialogue that is being facilitated and negotiated by the EU, including essential activities, challenges, difficulties, obstacles, antagonism (inner and international), the approach the EU facilitators/mediators undertake as well as the reaction and the expected results that the parties involved in the process have regarding reaching a final solution to the dispute. The researchers of this paper used the methods of legal analysis, ...
On-line Journal Modelling the New Europe
The mentioned screatures of state do not exist anymore, whereas the last one, Federal Republic of... more The mentioned screatures of state do not exist anymore, whereas the last one, Federal Republic of Socialist Yugoslavia was dissoluted through a difficult process which took the lives of hundreds of thousands of people, brought the scenes of genocide and crimes against humanity and caused atrocities that were not seen in Europe since the Second World War. The federation was dissoluted basically as a result of two big tendencies: first, one that strived for dominance and hegemony over the others, represented by Serbia as one of the units of the federation and second, the tendency for decentralization, democracy and freedom represented by other federal
THE EU ENGAGEMENT IN THE KOSOVO-SERBIA DIALOGUE, 2022
Abstract: The outcome of the dialogue between Kosovo and Serbia determines in many ways peace and... more Abstract: The outcome of the dialogue between Kosovo and Serbia determines in many ways peace and stability
in the Balkans and the process of integration of the western Balkans in the EU. The dialogue and the solution of
the dispute between these countries becomes especially important under the situation of the potential aggression
of Russia against Ukraine. It is very clear that Kosovo has shown its orientations towards deep integration in EU
and NATO whereas the attitudes of Serbia remain to be clarified. Talks or dialogues between parties in this dispute
have started many years ago and the outcomes were far from expectations. The dialogue process was ambiguous
in many aspects. Especially in the aspect of parties and the facilitation or mediation of the entire process. Thus,
the article gives a description of the long lasting dialogue underlaying the most important acts and the
shortcomings of the dialogue along with the expected results.
Human rights in Kosova in the formal-legal understanding are sanctioned by the Kosova Constitutio... more Human rights in Kosova in the formal-legal understanding are sanctioned by the Kosova Constitution, within which there are incorporated most important international documents beginning with the Universal Declaration of Human Rights up to the European Convention for Human Rights. But nonetheless there are issues that remain still to be at the level of political debates and projections for future as well as there are issues that overcome the academic and theoretic debate taking the dimension overcoming the human rights. And this dimension from the practical viewpoint can overcome the accepted issue as it is positive discrimination at the determined moments and at the determined countries. The right to development, the right to environment, etc., as the rights of the third generation also in Kosova are at the phase which from the debate in order to transform into practical notions whereas positive discrimination under the current political developments time after time takes forms of ov...
Angazhimi i institucioneve të BE-së ka qenë i ndryshëm krahasuar me intervenimin e Brukselit ndaj... more Angazhimi i institucioneve të BE-së ka qenë i ndryshëm krahasuar me intervenimin e Brukselit ndaj shteteve tjera të Ballkanit dhe në veçanti lidhur me shtetet që kanë dalë nga procesi i shpërbërjes së ish-federatës jugosllave. Roli i institucioneve të BE-së ka qenë shumë i rëndësishëm në fazat e para të rindërtimit dhe të ndërtimit të Kosovës pas instalimit të institucioneve civile ndërkombëtare, kur BE kishte një ndër shtyllat kryesore të pushtetit administrativ ndërkombëtar. Megjithatë, në procesin e integrimeve sipas Procesit të Stabilizim-Asociimit, ishin krijuar mekanizma të tjerë që e vendosnin Kosovën në pozitë të ndryshme krahasuar me Maqedoninë, me Malin e Zi, me Serbinë etj. Pas shpalljes së pavarësisë së Kosovës, pesë shtete të BE-së nuk e njohën pavarësinë, ndërkohë që institucionet e BE-së vazhdojnë të mbajnë pozitë neutrale ndaj statusit të Kosovës. Këto janë çështje që e kanë ngadalësuar dhe e kanë vështirësuar procesin e integrimit të vendit, kurse Kosova është shtet...
Journal on european history of law, 2020
This work aims at retracing, explaining and analyzing the Kosovo legal-political status within th... more This work aims at retracing, explaining and analyzing the Kosovo legal-political status within the constitutional system of former Yugoslavia. Reading, review and analysis of Yugoslav Constitutions, Serbian Constitutions and Kosovo Constitutions adopted from 1946 to 1974 by Federal Parliament, by the Parliament of Serbia and by the Kosovo Parliament. Kosovo as an entity starts with a dual position within Yugoslavian constitutional system, by being a federal unit in one side and the part of constitutional system of Serbia on the other side (first Yugoslav Constitution); Kosovo status has no dual position by being only the part of Constitutional system of Serbia (second federal constitution) and Kosovo becomes equal to other federal units of Yugoslavia (third Constitution). Kosovo entered into the constitutional system of Yugoslavia, since the Resolution of Bujani Conference (held on December 1943-January 1944) adopted by Kosovo representatives was not implemented. That Resolution aimed realization of the right of Kosovo people for self determination after the war. This was not made possible based on the created circumstances; based on the military curfew deployed by Yugoslav/Serb authorities and based in some other geo-political reasons. Foundations of People’s Federative Republic of Yugoslavia (later on The Socialist Federative Republic of Yugoslavia) were established in 1943 during the Second Conference of the National Committee for Liberation of Yugoslavia held in Jajce (November 1943), where Kosovo was not represented. Kosovo status within Yugoslavia changed few times but it never fulfilled completely Kosovo people’s will. Changes in the legal political status of Kosovo within Yugoslavia came based on the reports of forces and political circumstances at all levels which had always two tendencies: tendencies for more democracy, freedoms and economic development in one side and tendencies for more hegemony and supremacy over the others held mainly from Serbia. These tendencies finally lead towards the process of non-consensual dissolution of Yugoslavia from which there were created seven independent states. Kosovo is the last stated created from that process.
Acta Universitatis Danubius: Juridica, 2018
Among many national minorities in Kosovo, there is one that is more protected and that enjoys mor... more Among many national minorities in Kosovo, there is one that is more protected and that enjoys more rights compared to the others. According to the Kosovo Constitution, The Republic of Kosovo is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions. Based on this definition Kosovo is multi-ethnic which is composed of many communities but in practice one ethnic community is more equal compared to the others. It as an ethnic community appears to be the biggest obstacle for the future developments in Kosovo. The attitudes of this ethnic community for the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with method of historical analysis, method of legal analysis, method of comparison analy...
Acta Universitatis Danubius: Juridica, 2019
Law on Business Organizations recognizes the stock companies as the type of business society. The... more Law on Business Organizations recognizes the stock companies as the type of business society. The paper will use methods of analysis, method of comparison, method of systemic analysis, etc. In addition to these methods author will use the combined methodology in order to reach the main goal of the paper. If the stock companies belong to business societies, the after their registration what is their legal arrangement? According to the Law on Business Organizations, the stock companies could have only one shareholder and many or a lot of them. Each shareholder has its shares which is the property of the shareholder. Shares could be transferred from a shareholder to other judicial/physic persons. The founding capital of stock companies is determined by the law. This society is judicial person which is responsible for all its obligations and for these obligations it is responsible with its assets and its property. Personal property of shareholders doesn't contain the property of sha...
Journal of Liberty and International Affairs, 2018
The paper analyses the most fundamental aspects of civil society development in Kosovo and its im... more The paper analyses the most fundamental aspects of civil society development in Kosovo and its impact in the overall democracy development. Author aims to develop after presenting a short history of development of this important sector, to develop a discussion from the praxis perspectives, to combine the discussion from the practice in the field, explaining how the sector evolved in post war Kosovo, which were the phases of its development and the role the donors played in its creation. This will be done by using combined methodology: method of systemic analysis, method of historical analysis, method of comparison, method of legal analysis, etc. Finally, paper will come out with the conclusions and the recommendations that are expected to be useful for both academia and the civil society sector.
Knowledge based sustainable economic development, 2018
The employment relationships in Kosovo are regulated by many legal acts beginning with the Kosovo... more The employment relationships in Kosovo are regulated by many legal acts beginning with the Kosovo Constitution. Kosovo Constitution serves as the main resource of the employment law and then there is a considerable number of legal acts which could be used as the resources of the employment law. As the resource of the employment law there are a series of international legal acts that are directly applicable in Kosovo. Based on these resources there is a legal system in place which regulates the rights and the obligations that derive from the employment relationship. Among these resources Kosovo Labor Law is the main legal act applicable for employers and employees in the public and the private sector. Implementation of Labor Law and other legal resources in sense of employment relationships has not been an easy process in ensuring equal opportunities and in avoiding discrimination during the entire process: from hiring up to contract termination, as well as the protection of employees during the time they are working and especially in cases of contract termination. Author of this paper by using a combined methodology and with the methods of systemic analysis, method of comparison, etc., will stress out all forms of violation of laws in this field and will come up with the recommendations which could be used by employers and employees and those responsible to protect the rights of employees. The paper and especially findings, conclusions and the recommendation could be used as a resource for further academic debates.
Epiphany, 2019
The paper evaluates policies and practices in juvenile justice from a comparative perspective. It... more The paper evaluates policies and practices in juvenile justice from a comparative perspective. It is focused on an analysis of juvenile justice taking into account also work of prosecutors and the judges. In many states of Europe as well as in Kosovo there are developed strategies for reforms of the juvenile justice which have noted qualitative changes and with this, a distinct level of convergence between systems of European states is noted. By using the qualitative methodology and with the use of the method of comparative analysis and method of historical analysis, the authors will be focused on the historical development of the juvenile justice system in Kosovo, under the context of the development of this field in various states of Central and Eastern Europe. The findings and recommendations in this paper could enhance scholarly and institutional tackling of juvenile justice.
European Scientific Journal, Mar 26, 2014
Kosova si a new state in the Balkans created during the process of dissolution of the former Yugo... more Kosova si a new state in the Balkans created during the process of dissolution of the former Yugoslavia. The creation of this new state was very difficult and complicated, as well. This from both perspectives: internationally and locally. The process of Kosova independence differes from the approaches we may have, but we all agree that it was a difficult process and that Kosova would not have achieved independence, without strong international engagement. The project/ion of Kosova independence is not a pure Kosovar Albanian projection. It is also an international project as well, at least to a determined extent. Kosova since its Declaration of Independence has been recognized by a considered number of states but still the challenges of recognition are being met by Kosova people and Kosova institutions. International Community regarding the right of Kosova to self determination was split to some extent whereas also we could see different approaches within the academia and scholars regarding the right to self determination of Kosova. This has made the process of Kosova recognition to be a difficult process from international perspectives even though Kosova is already recognized from more than 100 states of the World.In addition International Court of Justice didn't find Kosovo Declaration of Independence violating the International Law. Kosova institutions also have not shown to be enough strong in the process of lobbying for more recognitions. Therefore needs for recognitions are crucial and Kosova institutions have still a task to ensure as much as possible recognitions using arguments about the right of Kosova to self determination and explaining that Kosova is a sui generis case that can not be a precedent for other people aspiring self determination.
Eastern Journal of European Studies, 2021
Constitutional Court decisions are crucial for a sustainable and democratic state institution fun... more Constitutional Court decisions are crucial for a sustainable and democratic state institution functions as well as a country's political stability. This article seeks to provide insights into the Constitutional Courts process, the role it plays in providing political stability under normal circumstances, when it is overburdened by a large case load and how that often does not provide satisfactory results for a variety of Kosovo stakeholders. The article also seeks to describe, discuss and analyse the development of Kosovo's judicial review process, important court composition issues and the legal basis for its activities and procedures, and to discuss the obstacles and political influences in several court decisions which caused ambiguity, political tensions and increased distrust in Kosovo's political systems and institutions including the constitutional court.
Journal of Liberty and International Affairs, 2020
Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one par... more Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one particular minority is more protected and enjoys more rights compared to the others. It is the ethnic Serb community that appears to be the biggest obstacle for the future developments in Kosovo. The attitude of this ethnic community towards the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with methods of historical analysis and a method of legal analysis the author will describe and explain the position of the national communities known as minorities, including the position of Serbian minority in Kosovo according to the Kosovo legal system and the international law. Minorities enjoy constitutional protection of their rights, whereas the Serb community and its position are different compared to the other minorities. The diff...
EASTERN JOURNAL OF EUROPEAN STUDIES, 2021
Constitutional Court decisions are crucial for a sustainable and democratic state institution fun... more Constitutional Court decisions are crucial for a sustainable and democratic state institution functions as well as a country's political stability. This article seeks to provide insights into the Constitutional Courts process, the role it plays in providing political stability under normal circumstances, when it is overburdened by a large case load and how that often does not provide satisfactory results for a variety of Kosovo stakeholders. The article also seeks to describe, discuss and analyse the development of Kosovo's judicial review process, important court composition issues and the legal basis for its activities and procedures, and to discuss the obstacles and political influences in several court decisions which caused ambiguity, political tensions and increased distrust in Kosovo's political systems and institutions including the constitutional court.
Journal of Liberty and International Affairs, 2020
Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one par... more Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one particular minority is more protected and enjoys more rights compared to the others. It is the ethnic Serb community that appears to be the biggest obstacle for future developments in Kosovo. The attitude of this ethnic community towards the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with methods of historical analysis and a method of legal analysis the author will describe and explain the position of the national communities known as minorities, including the position of the Serbian minority in Kosovo according to the Kosovo legal system and the international law. Minorities enjoy constitutional protection of their rights, whereas the Serb community and its position are different compared to the other minorities. The diff...
Engagement of EU institutions has been different in various aspects in Kosovo compared to engagem... more Engagement of EU institutions has been different in various aspects in Kosovo compared to engagement these institutions had in the other states of the Balkans. The role of EU institutions has been very important during the first phases of construction and reconstruction of Kosovo after the settlement of international civil administration when the EU had one of the most important pillars of international administration. However, in the process of integrations according to the Stabilization and Association Process, there were created mechanisms which put Kosovo in a different position compared to Macedonia, Serbia, Montenegro, etc. After the Declaration of Kosovo Independence, five EU member states did not (and still do not) recognize Kosovo independence whereas EU institutions continue to keep the neutral position regarding Kosovo status. These are issues which have slowed down and made it difficult the process of integration of Kosovo, whereas Kosovo is the last state that entered i...
Eastern Journal of European Studies, Dec 31, 2023
Women in different global contexts: Culture - Gender - Violence, 2014, ISBN 978-83-7850-685-0, págs. 83-88, 2014
Marital and Inheritance Law from the Middle Ages to the Positive Law. From Scanderbeg Canon to Positive Law, 2023
Insight Turkey
The dialogue between Kosovo and Serbia facilitated and mediated by the EU and strong U.S. support... more The dialogue between Kosovo and Serbia facilitated and mediated by the EU and strong U.S. support is a critical part of sustainable peace, stability, and the road to the European integration of the Western Balkans. This article seeks to provide the mediators’ insights into the process of dialogue by outlining the factors and circumstances in which it is being developed, as well as analyzing strategies that lead toward desired success, peace, stability, and the EU integration of the Western Balkans. The article discusses the important issues linked with the dialogue that is being facilitated and negotiated by the EU, including essential activities, challenges, difficulties, obstacles, antagonism (inner and international), the approach the EU facilitators/mediators undertake as well as the reaction and the expected results that the parties involved in the process have regarding reaching a final solution to the dispute. The researchers of this paper used the methods of legal analysis, ...
On-line Journal Modelling the New Europe
The mentioned screatures of state do not exist anymore, whereas the last one, Federal Republic of... more The mentioned screatures of state do not exist anymore, whereas the last one, Federal Republic of Socialist Yugoslavia was dissoluted through a difficult process which took the lives of hundreds of thousands of people, brought the scenes of genocide and crimes against humanity and caused atrocities that were not seen in Europe since the Second World War. The federation was dissoluted basically as a result of two big tendencies: first, one that strived for dominance and hegemony over the others, represented by Serbia as one of the units of the federation and second, the tendency for decentralization, democracy and freedom represented by other federal
THE EU ENGAGEMENT IN THE KOSOVO-SERBIA DIALOGUE, 2022
Abstract: The outcome of the dialogue between Kosovo and Serbia determines in many ways peace and... more Abstract: The outcome of the dialogue between Kosovo and Serbia determines in many ways peace and stability
in the Balkans and the process of integration of the western Balkans in the EU. The dialogue and the solution of
the dispute between these countries becomes especially important under the situation of the potential aggression
of Russia against Ukraine. It is very clear that Kosovo has shown its orientations towards deep integration in EU
and NATO whereas the attitudes of Serbia remain to be clarified. Talks or dialogues between parties in this dispute
have started many years ago and the outcomes were far from expectations. The dialogue process was ambiguous
in many aspects. Especially in the aspect of parties and the facilitation or mediation of the entire process. Thus,
the article gives a description of the long lasting dialogue underlaying the most important acts and the
shortcomings of the dialogue along with the expected results.
Human rights in Kosova in the formal-legal understanding are sanctioned by the Kosova Constitutio... more Human rights in Kosova in the formal-legal understanding are sanctioned by the Kosova Constitution, within which there are incorporated most important international documents beginning with the Universal Declaration of Human Rights up to the European Convention for Human Rights. But nonetheless there are issues that remain still to be at the level of political debates and projections for future as well as there are issues that overcome the academic and theoretic debate taking the dimension overcoming the human rights. And this dimension from the practical viewpoint can overcome the accepted issue as it is positive discrimination at the determined moments and at the determined countries. The right to development, the right to environment, etc., as the rights of the third generation also in Kosova are at the phase which from the debate in order to transform into practical notions whereas positive discrimination under the current political developments time after time takes forms of ov...
Angazhimi i institucioneve të BE-së ka qenë i ndryshëm krahasuar me intervenimin e Brukselit ndaj... more Angazhimi i institucioneve të BE-së ka qenë i ndryshëm krahasuar me intervenimin e Brukselit ndaj shteteve tjera të Ballkanit dhe në veçanti lidhur me shtetet që kanë dalë nga procesi i shpërbërjes së ish-federatës jugosllave. Roli i institucioneve të BE-së ka qenë shumë i rëndësishëm në fazat e para të rindërtimit dhe të ndërtimit të Kosovës pas instalimit të institucioneve civile ndërkombëtare, kur BE kishte një ndër shtyllat kryesore të pushtetit administrativ ndërkombëtar. Megjithatë, në procesin e integrimeve sipas Procesit të Stabilizim-Asociimit, ishin krijuar mekanizma të tjerë që e vendosnin Kosovën në pozitë të ndryshme krahasuar me Maqedoninë, me Malin e Zi, me Serbinë etj. Pas shpalljes së pavarësisë së Kosovës, pesë shtete të BE-së nuk e njohën pavarësinë, ndërkohë që institucionet e BE-së vazhdojnë të mbajnë pozitë neutrale ndaj statusit të Kosovës. Këto janë çështje që e kanë ngadalësuar dhe e kanë vështirësuar procesin e integrimit të vendit, kurse Kosova është shtet...
Journal on european history of law, 2020
This work aims at retracing, explaining and analyzing the Kosovo legal-political status within th... more This work aims at retracing, explaining and analyzing the Kosovo legal-political status within the constitutional system of former Yugoslavia. Reading, review and analysis of Yugoslav Constitutions, Serbian Constitutions and Kosovo Constitutions adopted from 1946 to 1974 by Federal Parliament, by the Parliament of Serbia and by the Kosovo Parliament. Kosovo as an entity starts with a dual position within Yugoslavian constitutional system, by being a federal unit in one side and the part of constitutional system of Serbia on the other side (first Yugoslav Constitution); Kosovo status has no dual position by being only the part of Constitutional system of Serbia (second federal constitution) and Kosovo becomes equal to other federal units of Yugoslavia (third Constitution). Kosovo entered into the constitutional system of Yugoslavia, since the Resolution of Bujani Conference (held on December 1943-January 1944) adopted by Kosovo representatives was not implemented. That Resolution aimed realization of the right of Kosovo people for self determination after the war. This was not made possible based on the created circumstances; based on the military curfew deployed by Yugoslav/Serb authorities and based in some other geo-political reasons. Foundations of People’s Federative Republic of Yugoslavia (later on The Socialist Federative Republic of Yugoslavia) were established in 1943 during the Second Conference of the National Committee for Liberation of Yugoslavia held in Jajce (November 1943), where Kosovo was not represented. Kosovo status within Yugoslavia changed few times but it never fulfilled completely Kosovo people’s will. Changes in the legal political status of Kosovo within Yugoslavia came based on the reports of forces and political circumstances at all levels which had always two tendencies: tendencies for more democracy, freedoms and economic development in one side and tendencies for more hegemony and supremacy over the others held mainly from Serbia. These tendencies finally lead towards the process of non-consensual dissolution of Yugoslavia from which there were created seven independent states. Kosovo is the last stated created from that process.
Acta Universitatis Danubius: Juridica, 2018
Among many national minorities in Kosovo, there is one that is more protected and that enjoys mor... more Among many national minorities in Kosovo, there is one that is more protected and that enjoys more rights compared to the others. According to the Kosovo Constitution, The Republic of Kosovo is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions. Based on this definition Kosovo is multi-ethnic which is composed of many communities but in practice one ethnic community is more equal compared to the others. It as an ethnic community appears to be the biggest obstacle for the future developments in Kosovo. The attitudes of this ethnic community for the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with method of historical analysis, method of legal analysis, method of comparison analy...
Acta Universitatis Danubius: Juridica, 2019
Law on Business Organizations recognizes the stock companies as the type of business society. The... more Law on Business Organizations recognizes the stock companies as the type of business society. The paper will use methods of analysis, method of comparison, method of systemic analysis, etc. In addition to these methods author will use the combined methodology in order to reach the main goal of the paper. If the stock companies belong to business societies, the after their registration what is their legal arrangement? According to the Law on Business Organizations, the stock companies could have only one shareholder and many or a lot of them. Each shareholder has its shares which is the property of the shareholder. Shares could be transferred from a shareholder to other judicial/physic persons. The founding capital of stock companies is determined by the law. This society is judicial person which is responsible for all its obligations and for these obligations it is responsible with its assets and its property. Personal property of shareholders doesn't contain the property of sha...
Journal of Liberty and International Affairs, 2018
The paper analyses the most fundamental aspects of civil society development in Kosovo and its im... more The paper analyses the most fundamental aspects of civil society development in Kosovo and its impact in the overall democracy development. Author aims to develop after presenting a short history of development of this important sector, to develop a discussion from the praxis perspectives, to combine the discussion from the practice in the field, explaining how the sector evolved in post war Kosovo, which were the phases of its development and the role the donors played in its creation. This will be done by using combined methodology: method of systemic analysis, method of historical analysis, method of comparison, method of legal analysis, etc. Finally, paper will come out with the conclusions and the recommendations that are expected to be useful for both academia and the civil society sector.
Knowledge based sustainable economic development, 2018
The employment relationships in Kosovo are regulated by many legal acts beginning with the Kosovo... more The employment relationships in Kosovo are regulated by many legal acts beginning with the Kosovo Constitution. Kosovo Constitution serves as the main resource of the employment law and then there is a considerable number of legal acts which could be used as the resources of the employment law. As the resource of the employment law there are a series of international legal acts that are directly applicable in Kosovo. Based on these resources there is a legal system in place which regulates the rights and the obligations that derive from the employment relationship. Among these resources Kosovo Labor Law is the main legal act applicable for employers and employees in the public and the private sector. Implementation of Labor Law and other legal resources in sense of employment relationships has not been an easy process in ensuring equal opportunities and in avoiding discrimination during the entire process: from hiring up to contract termination, as well as the protection of employees during the time they are working and especially in cases of contract termination. Author of this paper by using a combined methodology and with the methods of systemic analysis, method of comparison, etc., will stress out all forms of violation of laws in this field and will come up with the recommendations which could be used by employers and employees and those responsible to protect the rights of employees. The paper and especially findings, conclusions and the recommendation could be used as a resource for further academic debates.
Epiphany, 2019
The paper evaluates policies and practices in juvenile justice from a comparative perspective. It... more The paper evaluates policies and practices in juvenile justice from a comparative perspective. It is focused on an analysis of juvenile justice taking into account also work of prosecutors and the judges. In many states of Europe as well as in Kosovo there are developed strategies for reforms of the juvenile justice which have noted qualitative changes and with this, a distinct level of convergence between systems of European states is noted. By using the qualitative methodology and with the use of the method of comparative analysis and method of historical analysis, the authors will be focused on the historical development of the juvenile justice system in Kosovo, under the context of the development of this field in various states of Central and Eastern Europe. The findings and recommendations in this paper could enhance scholarly and institutional tackling of juvenile justice.
European Scientific Journal, Mar 26, 2014
Kosova si a new state in the Balkans created during the process of dissolution of the former Yugo... more Kosova si a new state in the Balkans created during the process of dissolution of the former Yugoslavia. The creation of this new state was very difficult and complicated, as well. This from both perspectives: internationally and locally. The process of Kosova independence differes from the approaches we may have, but we all agree that it was a difficult process and that Kosova would not have achieved independence, without strong international engagement. The project/ion of Kosova independence is not a pure Kosovar Albanian projection. It is also an international project as well, at least to a determined extent. Kosova since its Declaration of Independence has been recognized by a considered number of states but still the challenges of recognition are being met by Kosova people and Kosova institutions. International Community regarding the right of Kosova to self determination was split to some extent whereas also we could see different approaches within the academia and scholars regarding the right to self determination of Kosova. This has made the process of Kosova recognition to be a difficult process from international perspectives even though Kosova is already recognized from more than 100 states of the World.In addition International Court of Justice didn't find Kosovo Declaration of Independence violating the International Law. Kosova institutions also have not shown to be enough strong in the process of lobbying for more recognitions. Therefore needs for recognitions are crucial and Kosova institutions have still a task to ensure as much as possible recognitions using arguments about the right of Kosova to self determination and explaining that Kosova is a sui generis case that can not be a precedent for other people aspiring self determination.
Eastern Journal of European Studies, 2021
Constitutional Court decisions are crucial for a sustainable and democratic state institution fun... more Constitutional Court decisions are crucial for a sustainable and democratic state institution functions as well as a country's political stability. This article seeks to provide insights into the Constitutional Courts process, the role it plays in providing political stability under normal circumstances, when it is overburdened by a large case load and how that often does not provide satisfactory results for a variety of Kosovo stakeholders. The article also seeks to describe, discuss and analyse the development of Kosovo's judicial review process, important court composition issues and the legal basis for its activities and procedures, and to discuss the obstacles and political influences in several court decisions which caused ambiguity, political tensions and increased distrust in Kosovo's political systems and institutions including the constitutional court.
Journal of Liberty and International Affairs, 2020
Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one par... more Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one particular minority is more protected and enjoys more rights compared to the others. It is the ethnic Serb community that appears to be the biggest obstacle for the future developments in Kosovo. The attitude of this ethnic community towards the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with methods of historical analysis and a method of legal analysis the author will describe and explain the position of the national communities known as minorities, including the position of Serbian minority in Kosovo according to the Kosovo legal system and the international law. Minorities enjoy constitutional protection of their rights, whereas the Serb community and its position are different compared to the other minorities. The diff...
EASTERN JOURNAL OF EUROPEAN STUDIES, 2021
Constitutional Court decisions are crucial for a sustainable and democratic state institution fun... more Constitutional Court decisions are crucial for a sustainable and democratic state institution functions as well as a country's political stability. This article seeks to provide insights into the Constitutional Courts process, the role it plays in providing political stability under normal circumstances, when it is overburdened by a large case load and how that often does not provide satisfactory results for a variety of Kosovo stakeholders. The article also seeks to describe, discuss and analyse the development of Kosovo's judicial review process, important court composition issues and the legal basis for its activities and procedures, and to discuss the obstacles and political influences in several court decisions which caused ambiguity, political tensions and increased distrust in Kosovo's political systems and institutions including the constitutional court.
Journal of Liberty and International Affairs, 2020
Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one par... more Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one particular minority is more protected and enjoys more rights compared to the others. It is the ethnic Serb community that appears to be the biggest obstacle for future developments in Kosovo. The attitude of this ethnic community towards the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with methods of historical analysis and a method of legal analysis the author will describe and explain the position of the national communities known as minorities, including the position of the Serbian minority in Kosovo according to the Kosovo legal system and the international law. Minorities enjoy constitutional protection of their rights, whereas the Serb community and its position are different compared to the other minorities. The diff...
Engagement of EU institutions has been different in various aspects in Kosovo compared to engagem... more Engagement of EU institutions has been different in various aspects in Kosovo compared to engagement these institutions had in the other states of the Balkans. The role of EU institutions has been very important during the first phases of construction and reconstruction of Kosovo after the settlement of international civil administration when the EU had one of the most important pillars of international administration. However, in the process of integrations according to the Stabilization and Association Process, there were created mechanisms which put Kosovo in a different position compared to Macedonia, Serbia, Montenegro, etc. After the Declaration of Kosovo Independence, five EU member states did not (and still do not) recognize Kosovo independence whereas EU institutions continue to keep the neutral position regarding Kosovo status. These are issues which have slowed down and made it difficult the process of integration of Kosovo, whereas Kosovo is the last state that entered i...