Rule of Law. Peculiarities of Kosovo System
Rule of Law. Peculiarities of Kosovo System

Summary/Abstract: Nowadays there is a general call, of every international institution, meaning EU, and other international mechanism requiring and basing their policies on the principle of conditionality (Pippan,2004) by urging states to undertake steps to fulfill the whole range of political and economic conditions in return for partnership, membership or monetary aid. Conditionality is screened through the new lenses of order and stability based on rule of law, democracy, free market economy, and respect for human rights and minority rights, envisaged as Western values. (Copenhagen Criteria,1993) To achieve this aim the rule of law is considered as occupying a unique position in a democratic society, therefore it is called upon states to create conditions for reforms on a judiciary as the traditional mechanism to decide on disputes, to protect citizens from the arbitrary political affiliation or private individuals. As such, it fights corruption too. (Un Judge) Simply said it is required from the states to create conditions to achieve the independent judiciary, through which democratic society can be created. As such, these analyses give hints on the issue of rule of law from the transitional phase of UNMIK to Kosovar Institution elucidating the presence of the EU EULEX Mission, too. Therefore, in the case of Kosovo the challenge of the judiciary system was two fold concerning UNMIK and EU Mission and the establishment of the Kosovo Constitution from another side.

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