Acta Universitatis Danubius. Juridica, Vol 13, No 1 (2017)

Abstract

Nowadays there is a general call, of every international institution, meaning EU, and other international mechanism to require and base their policies on the principle of conditionality (Christian Pippan, 2004) by urging states to undertake steps to fulfill the whole range of political and economic conditions in return for either 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 twofold concerning UNMIK and EU Mission and the establishment of the Kosovo Constitution from another side.