The Effect of European Convention and the European Court of Human Rights within Constitutional Order of Kosovo and their Relationship

Abstract

This paper centers its discussion on human rights issues addressed by the European Convention of Human Rights (ECHR) and its court of Human Rights (ECtHR). The focus is on the relationship between the European Convention/European Court of Human Rights and the Constitutional Court of Kosovo. The parameters measuring this relationship mainly will be tested against the effects of the judgments of the ECtHR and the decisions of the Constitutional Court of Kosovo within the legal system of Kosovo. The paper sheds light on Kosovo’s constitutional order system with regards to basic human rights as enshrined in ECHR. As such, in an attempt to emphasize the effect and relationship between the ECHR/ECtHR, are also outlined the challenges of the Kosovo Constitutional justice in its work as the defender of basic human rights and freedoms. Ultimately, it is pointed out that the legal system of Kosovo is decisive to adhering to the principles proclaimed in “Bill of Rights”, ECHR, and the jurisprudence of ECtHR.

DOI: 10.5901/mjss.2015.v6n6p41