Acta Universitatis Danubius. Juridica, Vol 13, No 2 (2017)

Property Rights and Functioning of Judicial System in Kosovo as a Preconditions for Economic Development of the Country

Haxhi Gashi, Qerkin Berisha


This paper address some of main challenges that Kosovo judicial system is facing, in particular related to protection of property rights as well as challenges on functioning of civil judicial system in Kosovo. Issues related to property rights and their protections are treated under this paper are based on analysis of national legislation and national and international practices as well as the work of other authors in the field. The approach used in this study is based on observations, data analysis as well as review of legal theory and practice. It is evident that property rights are deeply complex issues that affect the life of all citizens of Republic of Kosovo. Improvements on judicial system in Kosovo are evident, however, challenges regarding affectivity, efficiency and independence. These challenges impact the implementation of basic international standards in the field of property rights and have direct impact on welfare of society, creating barriers for the foreign investments and economic development of country, creating uncertainty among population and the idea of migration in order to seek new opportunities. This paper contributes to legal theory and its findings address Rule of law challenges in Kosovo. 


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