Responsibility in Building Rule of Law: Kosovo Challenges

Avdullah Robaj, University of Haxhi Zeka
Sabiha Shala, University of Haxhi Zeka

Abstract

The principle of the rule of law is one of the most important and essential principles for any state and for democratic society. Its fullest realization in everyday life is the best guarantee for development of democracy and recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. The well-known countries of Western democracies have long established a rich and valuable legacy in this regard. When exploring the contours and details about establishing the rule of law in the Republic of Kosovo, we must bear in mind that Kosovo has gone through a sad and bloody history until its declaration as a state in 2008. Kosovo independence on 17 February 2008, and its international recognition, poses the immediate need to build a rule of law and democratic state with European values. The Kosovo Constitution has made concrete efforts and steps to sanction the general principles of the rule of law, which are the core of democracy. This fact is best illustrated in the preamble and constitutional provisions where “the independence of the state and the entirety of its territory, the freedoms and human rights, the rights of communities and their members, social justice, constitutional order, pluralism, religious coexistence, as well as the citizenship state element instead of the national one, are the basis of this state, which has the duty to respect and protect them.” In building the rule of law, the Republic of Kosovo has been exploring the experience of other democratic countries, and in particular, the European Union member states. This article aims to introduce the rule of law in the context of Kosovo by identifying the achievements, responsibilities and challenges that the Republic of Kosovo faces in this regard. Through the breakdown of the definition of the rule of law in the context of the existing constitutional-legal system of the Republic of Kosovo, it turns out that the Republic of Kosovo, despite satisfactory achievements, should be engaged more and more strongly in building a functioning, democratic and legal system by addressing also the remaining economic and social challenges as well as additional legislative challenges in term of quality of law.

Recommended Citation

Robaj, Avdullah and Shala, Sabiha (2018) "Responsibility in Building Rule of Law: Kosovo Challenges," International Journal on Responsibility: Vol. 2: Iss. 1, Article 3.
DOI: https://doi.org/10.62365/2576-0955.1012
Available at: https://commons.lib.jmu.edu/ijr/vol2/iss1/3