Scientific research paper entitled “Judicial control of administrative activity and advantages of reorganization of the judicial system in the Republic of Kosovo” is treated with standard writing, including the introductory part and corresponding chapters. In the introductory part of the paper is emphasized the importance of the topic which is treated, with particular emphasis on the importance of judicial control in the Republic of Kosovo. This paper aims to achieve three main goals: Firstly, highlighting the importance and ways of functioning of judicial control in general, secondly, explication the method of treatment and the importance of the application of judicial control in the Republic of Kosovo and thirdly, highlighting the challenges of judicial control in the Republic of Kosovo, especially after the reorganization of the judicial system. The paper is structured as follows: introduction, general views on judicial control, including the importance of judicial control. Within the structure, important theses constitute those theses dedicated to administrative justice in the Republic of Kosovo, the legislative framework and judicial system reform in the Republic of Kosovo, including its impact on the functioning of the administrative judiciary. In the last part of the paper there are clear and consistent conclusions and significant recommendations relating to general views about judicial control, with particular emphasis on their practical implementation in the Republic of Kosovo and the way of adjustment with the reforms in the field of administrative justice which are at the beginnings of the implementation.
SummaryThe article examines the constitutional position of the president of republic in the view of the appointment procedure established in Hamiti et al and Derguti et al. Both constitutional court decisions have construed a rhetorical interpretation of the expected role of the president of republic as representative of the unity of the people in a constitutional nutshell. The article questions both decisions’ structural rationality and legitimacy in what is likely a tough political controversy requiring two-third majority for the appointment of the president of republic in the first two rounds. To better designate the logic upon which the court relied when ruling in the two decisions, the article considers relevant comparative literature and case-law to channel the analysis. The article concludes that though the court demonstrated a rather activist tone in interpreting the procedure for the appointment of the president of republic, it also showed quite unprecedented willingness to constitutionally empower the position of the president of republic on basis of appointment-related preconditions.
This study analyzes specific problems between Kosovo and Serbia, the integrated border management (IBM) of states, the free movement of citizens of both countries, and political process outcomes since 2011. Although IBM
This paper aims at clarifying the report between the President and the Constitutional Court. If we take as a starting point the constitutional mandate of these two institutions it follows that their final mission is the same, i.e., the protection and safeguarding of the constitutional system. This paper, thus, will clarify the key points in which this report is expressed. Further, this paper examines the theoretical aspects of the report between the President and the Constitutional Court, starting from the debate over this issue between Karl Schmitt and Hans Kelsen. An important part of the paper will examine the Constitution of Kosovo, i.e., the contents of the constitutional norm and its application. The analysis focuses on the role such report between the two institutions has on the functioning of the constitutional system. In analyzing the case of Kosovo, this paper examines Constitutional Court cases in which the report between the President and the Constitutional Court has been an issue of review. Such cases assist us in clarifying the main theme of this paper. Therefore, the reader will be able to understand the key elements of the report between the President as a representative of the unity of the people on the one hand and the Constitutional Court as a guarantor of constitutionality on the other hand.
This article aims to present a clear picture of the attempts towards the normalisation of relations in the western Balkans between the Republic of Kosovo and the Republic of Serbia via the process of the dialogue, facilitated by the UN General Assembly and mediated by the EU, which began more than eight years ago. The dialogue has produced different results for both countries so far, including various consequences and implications which have a constitutional nature. Taking this into account, this article offers an analysis of the perspective and the constitutional dimensions of the Kosovo-Serbia dialogue, drawing on the legal and factual actions that have been undertaken by the parties in the process thus far. The article analyses this dialogue and draws conclusions regarding the ending of the process and, in practice, how the final normalisation of relations should look, including the drawing up of a final agreement of reconciliation between the Republic of Kosovo and the Republic of Serbia. The constitutional consequences which can be the product of such an agreement are also examined.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2025 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.