The Relationships of the Constitution of the Republic of Kosovo with the European Convention of Human Rights: Implementation of ECtHR Case-Law in Kosovo
Session
Law
Description
The European Convention on Human Rights is one of the most important international human rights documents with an effective mechanism for the protection of human rights, such as the European Court of Human Rights. Kosovo is not a party to this convention neither part of the European Court of Human Rights.
Therefore, this article will address the way of implementation and the "constitutionalization" of this Convention in the Constitution, which represents a step forward in approach to the integration of the international instruments into the domestic protection of human. An important part of this study is also Article 53 of the Constitution, regarding the implementation of the Strasbourg case-law, by our institutions in the case of the interpretation of human rights. This is because our citizens have no right to appeal cases to the ECtHR. While such a practice is quite challenging for our competent institutions to implement it, these provisions enable parties to have legal protection by international instruments without being a party of this Conventions. A greater enforcement of this right would facilitate the parties' to appeal for their rights based on the practice of Strasbourg. However, as far as Kosovo will not become member of the Council of Europe and part of the Convention, solutions will be limited.
Keywords:
Constitution, Conventions, Human Rights, Council of Europe, Courts
Session Chair
Artana Tahiri
Session Co-Chair
Ramiz Fazliu
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-437-54-7
Location
Durres, Albania
Start Date
28-10-2017 11:00 AM
End Date
28-10-2017 12:30 AM
DOI
10.33107/ubt-ic.2017.231
Recommended Citation
Shtërbani, Shefki and Lajçi, Leonita, "The Relationships of the Constitution of the Republic of Kosovo with the European Convention of Human Rights: Implementation of ECtHR Case-Law in Kosovo" (2017). UBT International Conference. 231.
https://knowledgecenter.ubt-uni.net/conference/2017/all-events/231
The Relationships of the Constitution of the Republic of Kosovo with the European Convention of Human Rights: Implementation of ECtHR Case-Law in Kosovo
Durres, Albania
The European Convention on Human Rights is one of the most important international human rights documents with an effective mechanism for the protection of human rights, such as the European Court of Human Rights. Kosovo is not a party to this convention neither part of the European Court of Human Rights.
Therefore, this article will address the way of implementation and the "constitutionalization" of this Convention in the Constitution, which represents a step forward in approach to the integration of the international instruments into the domestic protection of human. An important part of this study is also Article 53 of the Constitution, regarding the implementation of the Strasbourg case-law, by our institutions in the case of the interpretation of human rights. This is because our citizens have no right to appeal cases to the ECtHR. While such a practice is quite challenging for our competent institutions to implement it, these provisions enable parties to have legal protection by international instruments without being a party of this Conventions. A greater enforcement of this right would facilitate the parties' to appeal for their rights based on the practice of Strasbourg. However, as far as Kosovo will not become member of the Council of Europe and part of the Convention, solutions will be limited.