Law of Kosovo

The central source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code.

As an autonomous province in the SFRY, Kosovo had a parliament, government, judiciary, constitutional court.

In March 1989, following the rise to power of Slobodan Milošević, Kosovo's autonomy was reverted to pre-1974 status enabling Serbia's federal authorities to assume full control over the territory.

Shortly thereafter, the newly installed leadership dismissed most Kosovo Albanians from their public positions, including the judiciary.

In accordance with UNSC Resolution 1244, UNMIK assumed full competencies in the legislative, executive and judicial branches of government that were exercised by the Special Representative of the Secretary-General (SRSG).

UNMIK regulations were intended to complement, and govern the precedence of, different legal instruments enacted in the past.

During its mandate, UNMIK progressively developed a comprehensive modern legal framework, which culminated with the enactment of the Constitutional Framework of Kosovo, on the basis of which the people of Kosovo were able to democratically elect their representatives on the local and central level.

In this respect, EULEX retains limited executive powers, in particular, to investigate, prosecute and adjudicate serious and sensitive crimes in cooperation with the Kosovo justice institutions.

With its authority to review legislation and individual complaints of rights violations, the Court is the ultimate check on legislative and executive power in Kosovo and the final arbiter of the meaning of constitutional provisions enshrining human rights and freedoms.

The laws undergo a second tier of review at the Government level, from the OLSS, Ministry of Finance (MoF) and Agency for European Integration (AEI).

Once the OLSS reviews the law, a request is submitted to the Permanent Secretary of the PMO to establish a working group at the government level.

Upon their approval of the law, the draft is sent to the PS of the PMO to be included on the agenda of the Government Coordinating Group for a final review.

After their review the law is first provided to the PS of the PMO and subsequently to the Government Coordinating Group, which is composed of all the Ministries and the Prime Minister.

The law may be returned to the Assembly for reconsideration if the President deems it to be violating of the legitimate interests of the Republic of Kosovo or one of the communities living therein.

EULEX is an integrated European Union Rule of Law Mission in Kosovo operating in the fields of justice, police and customs.

The Mission, in full co-operation with the European Commission Assistance Programmes, implements its mandate through monitoring, mentoring and advising.

EULEX Customs has 6 mobile teams which criss-cross Kosovo to monitor, mentor and advice their local counterparts.

The Strengthening Division monitors, mentors, and advises local counterparts in the police, justice and customs fields.