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

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          Abstract

          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.

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          Bureaucratic corruption and the rate of temptation: do wages in the civil service affect corruption, and by how much?

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            Practice of European Court of Human Rights (ECHR) in the enforcement of courts’ final decisions

            The paper aims at highlighting the importance of enforcement of judicial decisions as a key factor in building Rule of Law. As courts do not have the opportunity to lead themselves the process of decisions’s execution and the respective institutions have performed poor results, many cases are presented in front of European Court of Human Rights due to the lack of efficiency in executing judicial decisions. Obtaining a favorable judicial decision does not imply necessarily the fulfillment of the general purpose, and ECHR through it’s judgements has argued that the right to proper administration of justice implies that the enforcement of court decisions should itself be effective and efficient. Being considered as a compulsory provision for the successful conclusion of a legal process, the enforcment of courts’ final decisions within a reasonable time is an essential element of a fair trial. Also, this paper analyses the circumstances when excuses such as case complexity or lack of funds are considered objective and what is the responsibility of the states toward organizing their judicial system so that the justice is awarded.
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              Sovereignity, statehood and self-determination in international law - The Kosovo case

              The self-proclamation of Kosovo’s independence announced on February 17 invites us to some general considerations that may be linked to the specific event. The IL principle of Self-determination will be on the focus of this article to considering it as one of the way to archive the creation of new IL entity. Self-determination is a more recent principle then the others but its history, theory and practice is immense. The origin of the term and idea also is in discussion and debating among historian and lawyer. The term have been used simultaneously in the same period (end of WW I) by the US President Wilson and the USSR Premier Lenin referring to the right of the non self-governed territory like colony and occupied regions.
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                Author and article information

                Contributors
                (View ORCID Profile)
                (View ORCID Profile)
                Journal
                Academicus International Scientific Journal
                Academicus Journal
                20793715
                23091088
                July 2020
                July 2020
                : 22
                : 127-140
                Affiliations
                [1 ]Faculty of Law, University of Maribor, Slovenia
                [2 ]Faculty of Law, University of Pristina, Kosovo
                [3 ]Ohio Northern University, USA
                Article
                10.7336/academicus.2020.22.10
                455fb7a0-40b0-4b53-9d37-985d71716040
                © 2020

                https://creativecommons.org/licenses/by-nc-nd/4.0/

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