Event Title

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

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Oct 28th, 11:00 AM Oct 28th, 12:30 AM

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.