Judicial civil procedure dragging out in Kosovo

• Author: Rrustem Qehaja - Elza Bajrami
• Position: University of Pristina - University of Pristina
• Pages: 60-66

ISSN 2410-3918

Acces online at www.iipccl.org IIPCCL Publishing, Tirana-Albania

Academic Journal of Business, Administration, Law and Social Sciences Vol. 2 No. 1

March 2016

60

Judicial civil procedure dragging out in Kosovo

Prof. ass. Dr. Rrustem Qehaja

University of Pristina

Iur. dipl. Elza Bajrami

University of Pristina

Abstract

This article tends to deal with one of the most worrying issues in the judicial system of Kosovo-

the problem of judicial civil procedure dragging out. The article analyses the reasons of these

dragging outs of the judicial civil procedure focusing on the context of one of the basic

procedural principles in civil procedure-the principle of economy or efficiency in the courts.

Dragging out of civil procedure in Kosovo has put in question not only the basic principles of

civil procedure, but it also challenges the general principles related to human rights and

freedoms sanctioned not only by the highest legal act of the country, but also with international

treaties.

The article tends to give a reflection to the most important reasons that effect and influence in

these dragging outs of civil procedure, as well as, at the same time aims to give the necessary

alternatives to pass through them by identifying dilemmas within the judicial practice.

As a result, the motives of this scientific paper are exactly focused at the same time on

identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial

practice of the European Court of Human Rights on Article 6 of the European Convention on

Human Rights, by which it is given the possibility to offering people efficient and within a

reasonable time legal protection of their rights before national courts. For these reasons, the

paper elaborates this issue based on both, the legal theory and judicial practice.

Keywords: Civil procedure, principle of efficiency, reasonable time, European Convention.

Introduction

As today the modern and democratic states pay the biggest attention to respect and

promotion of human rights, of which it is also the right to a fair trial, this paper is

focused specifically on this topic.

The right to a fair trial in itself includes the basic principle on the functioning of the

civil judicial procedure, a principle in which it is based the reasonable time a fair trial

should be proceeded within.

Because of the fact that these procedures are not proceeded within this time and by

respecting this elementary principle, the paper is focused precisely in the most

important indicators that influence in the dragging out of the procedures, starting

from the point whether the dragging out exists or not; in case of a yes answer, which

factors influence on it; the opinions of the practitioners of law; differences between

theory and practice; the importance of the European Convention on Human Rights

and its Article 6 on fair trial including the legal practice of European Court on Human

Rights, and finally recommendations on improving this situation.