Enforcement of court decisions which are the exclusive competence of the courts in the Republic of Kosovo

AuthorNehat Idrizi
PositionJudge at the Court of Appeals in Pristina and Professor at UBT University in Pristina
Pages44-51
Vo
l.
6
N
o
. 2
J
u
ly
, 2020
A
cademic Journal o
f
Business,
A
dministration, Law and Social Science
s
II
PCCL Publishin
g
, Graz-
A
ustri
a
I
SSN 2410-391
8
A
cces online at www.ii
p
ccl.or
g
44
Enforcement of court decisions which are the exclusive competence of the
courts in the Republic o
f
Kosov
o
Dr. Sc. N
t
r
z
J
udge at the Court o
f
A
ppeals in Pristina and Pro
f
essor at
U
BT
U
niversity in Pristina
Ab
str
a
ct
E
nforcement
p
rocedure is the f‌i nal
p
art and
p
ossibl
y
the most sensible
p
art of the civil
p
rocedure. With the new legal changes, a
p
art from the court as a com
p
etent institution
a
nd authorit
y
, it is also the
p
rivate enforcement agent, a bod
y
which in its work will have
full legal
p
ublic authorit
y
. However, with the new Law on
E
nforcement Procedure of The
R
e
p
ublic of Kosovo (L
E
PRK), for certain cases, the court will be com
p
etent for execution.
I
n this regard, the L
E
P also em
p
hasizes the role of the court in the im
p
lementation of this
p
rocedure so that the realization of the subjective civil rights of the
p
arties in the
p
rocedure
is ex
p
ressed as soon and as fairl
y
as
p
ossible. L
E
P has envisaged in detail the rules and
c
onditions under which the execution can be commenced and
p
erformed, including the
e
nforcement carried out b
y
the
p
rivate enforcement agent. The focus of this
p
a
p
er is onl
y
t
he enforcement for which the court has exclusive
j
urisdiction
.
K
e
y
wor
d
s: creditor, debtor, enforcement document, conf‌i dential document,
p
rivate
e
nforcement a
g
ent.
I
ntr
odu
ct
io
n
T
he new Law on
E
n
f
orcement Procedure (L
E
P) in the Re
p
ublic o
f
Kosovo is considered
as one o
f
the laws which have brought radical changes to the legal en
f
orcement s
y
stem
i
n the area that it regulates, while also incor
p
orating new law institutes o
f
en
f
orcement
which did not exist. These innovations, not rarel
y
, and es
p
eciall
y
at the initial stage o
f
i
ts im
pl
ementation,
h
ave create
d
various
d
i
l
emmas in im
pl
ementation. T
h
us, in t
h
e
j
uris
p
rudence regarding the com
p
etence, there have been di
erent inter
p
retations
that when this law enters into
f
orce
,
creditors are entitled to re
f
er all ma ers back to
the court or the
y
should address the court
f
or en
f
orcement onl
y
on certain ma ers.
H
owever,
A
rticle 5
p
aragra
p
h 2 o
f
this law
p
rovides that “Com
p
etent Court shall
hold the subject ma er jurisdiction to order and to carr
y
out en
f
orcement as well as
to decide on other ma ers during the
p
rocedure
p
ursuant to the
p
rovisions o
f
this
Law, unless other courts and en
f
orcement authorities, res
p
ectivel
y
, have com
p
etence
to order and carr
y
out en
f
orcement as well as to decide on other ma ers during
the
p
rocedure”. There
f
ore, in this regard, it seems that the as
p
ects o
f
the court’s
c
om
p
etence to deal with n en
f
orcement case are clari
f‌i
ed and limited onl
y
to ma ers
p
ertaining to the two above-mentioned s
p
heres,
f
or which the
f
ocus o
f
this work will
b
e in en
f
orcement o
f
cases which are the exclusive com
p
etence o
f
the court
.

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