The Process of Legal Approximation with EU Acquis in Republic of Kosovo

• Author: Qëndresa Hyseni
• Position: University of Prishtina, 'HasanPrishtina', Faculty of Law, Republic of Kosovo
• Pages: 47-60

47

Vol. 5 No.1

May, 2019

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

The Process of Legal Approximation with EU Acquisin Republic of Kosovo

LL.M.Qëndresa Hyseni

University of Prishtina, “HasanPrishtina”

Faculty of Law, Republic of Kosovo

Abstract

Republic of Kosovo decided to move toward legal approximation of its domestic law with

European Union (EU) Acquis1,- a decision this derived from the fact that the pathtothe big

family of EU is not only made by economical and political stones but by legal ones as well. The

process of transposition did not appeared to be easy and it was followed by huge challenges.-

But, the bigger these challenges became,the bigger becamethe commitment of fulf‌i lling the

obligations taken by Kosovo as a contry that aims a member-seat tothe EU table. This paper

represents a summary on the process of legal approximation of Kosovo’s domestic law with

EU Acquis. The aim of this paper is to provide information regarding the legal approximation

activity of Kosovar lawmaker,strating from the Stabilization Asociation Agreement (SAA)2-

, till nowadays, including past barriers,overcomming challenges, actual results and future

objectives.The structure of this paper includes an introductory part which treats the legal

approximation in its substanceproviding a comparison from the position of Member States

with that of Kosovo, following by earlier historical roots of legal approximation in Kosovo

until today’s results. The main methods following this research are: Historical, Comparative,

Statistic, Analytic and Legal Interpretation method.

Keywords: agreement, acquis, transposition, legal approximation, translation, stabilization

association.

The idea of having a single and common law, which is respected and implemented by

everyone, is so old that no one could f‌i nd its initial roots. In fact, the will of making

other to obey the same norms, appears to be a part of human nature itself, but the

tools and methods of implementing this idea evolved from the policy of force and

ccompulsion to the voluntary gathering of people around the circle of the same

norms. Moreover, the idea of same legislative norms began to be seen as something

that will unite people around these norms, with the belief that same norms and same

behaviours would mitigate disputes stemming from diversity between nations.

Certainly, the absolute unif‌i cation of norms was never achieved, but gathering around

harmonized economy, politics and laws, became one of the main objectives of EU

family as well. For centuries, neighbor countries considered each other as potential

enemies, against whom they must guard, ready to f‌i ght. Now, a er the end of the

most terrible wars in Europe, these neighbors are perceived as friendly nations who

1 The Community acquisor acquiscommunautaire, sometimes called the EU acquis and often shortened to

simply acquis, is the entirety EU legislation cinsisting of primary and secondary legislation, as well as other legal

acts, principles, agreements, declarations, resolutions, opinions, objectives and institutional and operational

practices (including the case law of the European Court of Justice) weather legaly binding or not. The term

is in French,“acquis” meaning something that has been acquired or obtained, and “communautaire”meaning

of the community.

2 The Republic of Kosovo and the European Union signed the Stabilization and Association Agreement

(SAA) on 27 October 2015 in Strasbourg. The SAA establishes the framework of Kosovo's relations with EU

member states and EU institutions for Stabilization and Association (SAP) implementation until receiving the

full membership to EU.