Can constitutionalism build the rule of law?

Iliriana Islami

doi:10.5771/1435-2869-2016-2-141

Inhalt
- Kapitel Ausklappen | EinklappenAutorenSeiten
- Titelei/Inhaltsverzeichnis
- 139–140 Editorial 139–140
- 141–152 Can constitutionalism build the rule of law? Iliriana Islami Iliriana Islami 141–152
- 153–170 Expropriation and protection of private property: Analysis of the recent applicable law in Kosovo in relation to international standards Haxhi Gashi Haxhi Gashi 153–170
- 171–180 The precarious situation of domestic workers in the light of Turkish labour law and ILO Convention No. 189 Gizem Sarıbay Öztürk Gizem Sarıbay Öztürk 171–180
- 181–212 Labour market transitions of young women and men in Serbia Dragana Marjanović Dragana Marjanović 181–212
- 213–222 Participation of employees in defining economic policy and strategy Darko Marinković Darko Marinković 213–222
- 223–238 Logistical performance in the Balkans – trend evidence Vittorio D’Aleo, Bruno S. Sergi Vittorio D’Aleo, Bruno S. Sergi 223–238
- 239–264 Political risks and prospects for the strategic development of the funded pension pillars in Bulgaria Zhivko Minkov Zhivko Minkov 239–264
- 265–266 About the authors 265–266
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Vollzugriff

SEER Journal for Labour and Social Affairs in Eastern Europe , Seite 141 - 152

Can constitutionalism build the rule of law?

Autoren

Iliriana Islami

DOI
- doi.org/10.5771/1435-2869-2016-2-141
- ISSN print: 1435-2869
- ISSN online: 2942-3384
Zusammenfassung

Kosovo as a new state aspires to EU membership; however, it is lagging behind other countries in the region in its path to European integration. Progress in Kosovo has, up to now, been generally positive and Kosovo has moved a long way since it declared independence on 17 February 2008. Nevertheless, in almost all the Progress Reports of the EU Commission there is a remark about the rule of law, mostly concerning the inefficiency of the regular courts as a result of corruption and other bad practices. The independence of the judiciary is a cornerstone of the whole process of the rule of law. Constitutional courts were frequently seen domestically as an instrument of change following the collapse of communism. Their establishment and operation has proved useful in promoting the rule of law and constitutionalism - and in Kosovo, too, without exception. This article aims to address the rule of law and EU policy concerning the judiciary, while the main focus is devoted to whether the practice of the Constitutional Court could lay down a basis for the rule of law in Kosovo.

Abstract

Kosovo as a new state aspires to EU membership; however, it is lagging behind other countries in the region in its path to European integration. Progress in Kosovo has, up to now, been generally positive and Kosovo has moved a long way since it declared independence on 17 February 2008. Nevertheless, in almost all the Progress Reports of the EU Commission there is a remark about the rule of law, mostly concerning the inefficiency of the regular courts as a result of corruption and other bad practices. The independence of the judiciary is a cornerstone of the whole process of the rule of law. Constitutional courts were frequently seen domestically as an instrument of change following the collapse of communism. Their establishment and operation has proved useful in promoting the rule of law and constitutionalism - and in Kosovo, too, without exception. This article aims to address the rule of law and EU policy concerning the judiciary, while the main focus is devoted to whether the practice of the Constitutional Court could lay down a basis for the rule of law in Kosovo.
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