Judicial Independence in Kosovo. A Critical Analysis of Select Provisions of the Law on Courts

摘要

As the Republic of Kosovo continues to develop as independent state, the worldwatches closely. Of particular interest to many is whether Kosovo will truly embracethe rule of law or whether it’s growth will continue to be hampered by the longshadow of corruption. As the judiciary plays a central role in ensuring the rule of lawis implemented and followed, it is critical that judges are free to exercise their judicialpower freely and without fear of recourse from other members of the government, orthe public. To this end, the newly revised Law on Courts is a key piece of legislation, asit specifies the qualifications, rights, and duties of the judges. This paper will analyzekey provisions of the Law on Courts, paying special attention to how they impactjudicial independence.