Table of Contents

  • Contents


  • Associate professor Nives MAZUR KUMRIĆ; PhD. Ivan ZEKO-PIVAČ

    ➤Abstract:
    The withdrawal of the United Kingdom from the European Union (Brexit) has attracted wide scholarly and public attention in the past five years, i.e. since the 2016 referendum when people in the UK voted to leave the EU. This paper provides a fresh outlook on the latest positions of the European Union and the United Nations regarding the socioeconomic and political consequences of Brexit. A special emphasis is put on the ongoing codification initiated by the European Commission in December 2020 to counter the adverse effects of Brexit in the EU Member States by providing them with appropriate allocations to cover financial losses in the area of trade, fisheries, employment, customs and others. Apart from careful examination of the Proposal for a Regulation establishing the Brexit Adjustment Reserve, the paper also investigates a selected number of other provisions regulating Brexit’s direct effects on citizens and economies. Although Brexit is primarily seen as a matter of European provenance, its impact is additionally assessed from the perspective of the international community as a whole. The paper represents legal-dogmatic research which explores current positive law, doctrine, principles and concepts with the aim of obtaining a detailed understanding of the latest legal framework and trends appertaining to Brexit.
    Keywords: Brexit, Brexit Adjustment Reserve, European Union, United Nations.
    JEL Classification:K33
    1. BREXIT – AN INQUIRY INTO THE SOCIOECONOMIC AFTEREFFECTS FROM AN INTERNATIONAL AND EUROPEAN PERSPECTIVE
        Page 5

  • Associate professor Eva JANČÍKOVÁ; Assistant professor Janka PÁSZTOROVÁ
    ➤Abstract:
    Documentary letters of Credit are one of the most important payment methods used to facilitate international trade by mitigation of different risks connected with business partner or his country. Letter of credit transactions are relatively complexed and contractual relationship are governed by international rules and national laws. The aim of this scientific study is to identify legal aspects of letters of credit, to describe the relationship between parties of the letter of credit transaction and analysis the basic legal rules and laws governing these transactions. We used mainly classical scientific methods due to its descriptive character. We used the method of structured observation, determining the fundamental principles – the autonomy of letter of credit and the strict compliance, method of specification or concretisation – identification of relationship between parties and abstraction – definition of general and essential information about international rules and national laws of some countries.
    Keywords:documentary letters of credit, uniform customs and practice for documentary credits, Commercial Code.
    JEL Classification:B27, F30, F65, K22
    2. LEGAL ASPECT OF LETTERS OF CREDIT
        Page 18

  • LLD. candidate Precious SIHLANGU; Professor Kola O. ODEKU
    ➤Abstract:
    In 1994, South Africa was detached from the brutal apartheid regime which forcefully removed and dispossessed majority blacks from their arable land and allotted them non-arable and unproductive land. Post 1994, South Africa introduced various transformative interventions to redress the past apartheid land removal and injustices to give back and redistribute land back to the black majority. Against the backdrop of this, South Africa has continuously been using the freedom gained to join and belong to various international and regional financial institutions to seek financial assistance to work the resituated and redistributed land for development, economic growth and poverty alleviation. International institutions are known for supporting countries in their quest for development in order to enhance their economic growth, improved standard of living and eradication of hunger and starvation. To this end, this paper looks at the significant roles of these institutions in providing needed assistant to South Africa to ensure that redistributed land is developed and used for broad productive and beneficial purposes.
    Keywords: international financial institutions, arable land, land restitution, economic activities, South Africa.
    JEL Classification:K30, K33, K38
    3. EXPLORING THE INTRINSIC ROLES OF INTERNATIONAL FINANCIAL INSTITUTIONS FOSTERING REDISTRIBUTED LAND FOR DEVELOPMENT AND ECONOMIC GROWTH IN SOUTH AFRICA
        Page 31

  • Professor Howard CHITIMIRA; Candidate attorney Tumelo SETHUNYANE
    ➤Abstract:
    Corporate social responsibility (CSR) usually occur when a company volunteers to contribute part of its profits and/or resources towards community development in a certain area or community where it normally conducts its business. CSR is also known as corporate citizenship. CSR is mainly enforced as a self-regulatory measure that enables a company to be socio-economically accountable to itself, its stakeholders and the community at large. Companies that practice CSR are likely to have a positive impact on the environment and the socio-economic development of their communities. Companies and other relevant stakeholders that practice CSR have the potential to uplift and develop their communities. The South African mining sector has the potential to develop the communities through CSR measures of mining companies. In this regard, it is imperative that mining companies utilise appropriate technology to effectively enforce their CSR measures. Therefore, the Helam Mine which is currently owned by Petra diamonds in Swartruggens community is discussed as a case study in this article. Helam Mine has so far failed to adopt and utilise CSR measures in the Swartruggens community. Consequently, the Swartruggens community is poorly developed and its people are still fighting for service delivery to date. Accordingly, the article explores the historical background of CSR as well as the role played by Helam Mine in the development of the Swartruggens community. Furthermore, the article analyses the possible CSR-related measures that could be adopted by Helam Mine to promote socio-economic and environmental development in the Swartruggens community. It is submitted that Helam mine should seriously consider embracing and incorporating new technological approaches and CSR-related measures for the effective operation and management of its mining activities. In this regard, the available regulatory framework for CSR in South Africa is examined. Lastly, the article recommends that CSR should not be merely treated as an ethical obligation but it should also be regarded as a legal obligation so as to statutorily oblige all companies, especially mining companies to adopt, promote and enforce CSR-related measures in the communities where they conduct their businesses.
    Keywords: CSR-related measures, community development, mining companies, technology, socio-economic development.
    JEL Classification:K22
    4. A LEGAL ANALYSIS OF THE REGULATION AND USE OF TECHNOLOGY TO PROMOTE CORPORATE SOCIAL RESPONSIBILITY OF MINING COMPANIES IN SWARTRUGGENS COMMUNITY
        Page 42

  • Assistant professor Arta SELMANI-BAKIU; Professor Adnan JASHARI
    ➤Abstract:
    The time in which humanity lives today, it has changed the conventional paradigms of the natural and biological parameters. As such, this time has given mankind today the courage to challenge, as well as change, some of the natural consequences of man's well-being as a social being - first and foremost as a biological being. Therefore, through theoretical dilemmas and scientific successes elsewhere, man well-builds his own future, which on one hand gives him knowledge of the power of rational knowledge, and on the other hand adds great responsibilities, perhaps even enigmatic and unseen before. It is about the consequences that man can have from inconsistent interventions in nature, and the alternation of social structure in this context. When it is known that for each intervention man pays the price, changing the same conventional cohesive structure within the family will give its own price in the near future. In this paper the authors present the facts based on the development and application of artificial reproduction technology (artificial insemination, in vitro fertilization, surrogate motherhood, post-mortem reproduction) are evidence for redefining the concept of family which in this respect undermines the principle of conceiving a child naturally. In this paper the authors emphasize that the plurality of forms for establishing parenthood, which became possible with the rapid development of medicine and biotechnology, allows the application of new reproductive technologies, expands the possibility of family planning on one hand, but on the other hand questions the genetic status of the child born through these methods. The authors have considered it reasonable that through this paper to give their recommendations for filling the legal gaps that exist in the family and biomedical legislation of the RNM. The authors place special emphasis on the urgent need to overcome legal contradictions which currently affect the best interest of the child born with any of the methods of artificial reproduction. In addition to the analysis of domestic legislation, the text also provides a comparative framework on the legal regulation of the status of members of family (children and parents) established by the methods of artificial reproduction.
    Keywords: artificial reproduction and family, legal parents, genetic lineage, best interests of the child.
    JEL Classification:K36
    5. ESTABLISHING A FAMILY BY THE NEW TECHNOLOGIES FOR ARTIFICIAL REPRODUCTION ACCORDING TO THE POSITIVE LEGISLATION OF NORTH MACEDONIA IN THE LIGHT OF COMPARATIVE FAMILY LAW
        Page 57

  • Independent legal consultant Nqobizwe Mvelo NGEMA

    ➤Abstract:
    The problem of child marriages is prevalent in Sub-Saharan Africa and the UNICEF has estimated that more than 37 per cent of girls get married before reaching the age of 18 year, while more than11 per cent get married before the reaching the age of 15 years. Zimbabwe has enacted progressive legislation to address the dilemma of child marriages. However the problem of child marriages still persists and this paper shows that it is easy to change the law but not easy to change the society. This paper argues that legislative change is the first step to the right direction but a multi-pronged strategy is necessary to address child marriages. It is suggested that it is crucial to deal directly with the root causes of child marriages in addition to legislative change. The causes are, inter alia, poverty, peer pressure, teenage pregnancy and lack of education. One of the major causes is rooted in culture and religion such as the practice of kuzvarira and kuripa ngozi. Kuripa ngozi is practiced in order to appease the avenging spirit of a murdered person by compensating his family with a virgin bride and there is a general belief that failure to appease it might attract bad luck and even death for the entire family of the perpetrator. Over the years custom has influenced the attitude and behaviour of people. Therefore to change the law without changing the mind-set of the people through educational campaigns would be tantamount to dealing with the symptoms instead of the real problem.
    Keywords: child marriage, kuripa ngozi, kuzvarira, forced marriage.
    JEL Classification:K36
    6. PERSISTANCE OF CHILD MARRIAGES IN ZIMBABWE: A TIME TO TREAT THE CAUSE AND NOT THE SYMPTOMS
        Page 71

  • Assistant and doctoral student Kastriote VLAHNA; Regular professor Hajredin KUÇI
    ➤Abstract:
    Servitude as a real right over a foreign thing is known, since the first laws written, as a right not so favoured by the owners of the thing. Failure to favour comes from the fact that the owner of the thing is restricted the right to exercise full right over his thing by another entity, whether natural or legal person. The law of the state recognizes the right of servitude and concretizes it as a restriction of the right of ownership, only in those cases when there are no other solutions. The important thing about the right of servitude is how to create this right and if it is created then what are the legal rules for gaining this right. Therefore, based on the importance of creating and gaining the right of servitude, in the paper I will define how the law of the state of Kosovo determines the creation of real servitude and in addition to creating how this right should be acquired, and also by looking at the implementation of legislation in practice through the case viewed in the Cadastral Status.
    Keywords: Servitude, Creation of Servitude, Aquisition of the Servitude, Legislation, Cadastral Status Practice
    JEL Classification:K15
    7. ESTABLISHMENT AND ACQUISITION OF THE RIGHT OF REAL SERVITUDE IN IMMOVABLE PROPERTY ACCORDING TO THE LEGISLATION IN KOSOVO
        Page 81

  • Associate professor Elise-Nicoleta VÂLCU
    ➤Abstract:
    The current study aims to bring to reader’s attention the arguments of supporting the communitarian initiative in the implementation of the electronic document – the EU Digital COVID Certificate, provided that it fully respects the fundamental rights of citizens, including the protection of personal data. We will thus try to demonstrate that the possession of a green electronic certificate will not be a precondition for free movement, and those who do not hold such a certificate will not be discriminated against in any way. The research methods used in this paper are a) logical-concretized method by using the main legal instruments, opinions, recommendations, regulations; b) comparative method; c) sociological method. The result of the current article can be resumed in the meaning that the green certificate provides a solution for the EU to guarantee the fact that both the communitarian nationals as well as their family members and extra-communitarian citizens but who legally reside within the EU area, shall enjoy a digital instrument created to support free movement with the Union. This Union document transposed at the level of each Member State is the result of a coordinated and predictable “Union institutions – Member States” approach.
    Keywords: Covid EU digital certificate, gateway, reference solutions, QR code.
    JEL Classification:K32, K33
    8. BRIEF CONSIDERATIONS ON THE COMPLIANCE WITH THE RIGHT TO FREE MOVEMENT WITHIN THE EU UNDER THE CONDITIONS OF THE EU DIGITAL COVID CERTIFICATE
        Page 91

  • Professor Sadik HAXHIU; Lecturer Avni H. ALIDEMAJ
    ➤Abstract:
    Efficient civil service remains the cornerstone for the overall social development of a country. This is of enormous importance for transitional societies facing many challenges that hinder administrative institutions development towards accountability and transparency. In Kosovo context, the capacity of civil servants to develop and implement public policies plays an essential role in determining the results of reforms and progress towards achieving certain institutional objectives. Consequently, the performance of the public administration in general depends mainly on the skills and professional capacities of civil servants. Kosovo Institute for Public Administration is an executive agency established with the purpose of enhancing the skills of civil servants through specially designed training programs. Nevertheless, professionalism remains one of the biggest challenges for the civil service in Kosovo, which is failing to fulfill its function to the extent required by legal provisions. This paper analyzes the efforts undertaken in Kosovo to increase the professional capacity of civil servants through thematic training programs. In order to achieve the objectives of the research, qualitative, quantitative, normative and comparative methods have been used to reveal the legal obligations of increasing the skills of civil servants by comparing it with the established practices.
    Keywords: public administration, civil service, professional training, public policy, performance.
    JEL Classification:K23
    9. CAPACITY BUILDING OF CIVIL SERVANTS IN KOSOVO
        Page 98

  • Phd. Lidia-Lenuța BĂLAN
    ➤Abstract:
    Romania's energy policy, although it has undergone a constant process of transformation and adaptation, in the sense that it has faced a series of challenges and uncertainties dominated by economic, political, cultural, climatic factors and alignment with international regulations and European, however, is in a position to build new energy production capacities, new refurbishment and modernization capacities for energy production, transmission and delivery, as well as to stimulate increased consumption. internally in conditions of sustainability and efficiency of the energy sector. The conditions of sustainability and efficiency of the energy sector largely involve the exploitation and capitalization of the existing potential of energy from renewable sources, regardless of whether we are talking about wind energy or geothermal energy. This study aims to detail in general the regions of Romania, with its areas where the potential of wind energy and geothermal energy is found in order to maintain the functionality of the national energy market based especially on the exploitation and capitalization of energy potential from renewable sources.
    Keywords: energy, renewable energy sources, energy efficiency, wind energy, geothermal energy.
    JEL Classification:K32, K33
    10. ROMANIA IN THE CONTEXT OF RENEWABLE ENERGY SOURCES
        Page 108

  • Assistant professor Majlinda BELEGU
    ➤Abstract:
    Vienna Convention is one of the most important conventions on trade of goods. It is one of the unified conventions on transport of goods from a country to the other. This convention had a unification effect towards unifying the obligatory law in the entire world. It has directly influenced the international trade and the transport of goods as well as the relationships between countries on the trade and the transport. It had influenced a lot the interstate relationships related to the free market and the customs and their unification, especially those between neighboring states that aspire membership in various international organizations. Hence it has achieved to unify the civil law in the entire world which was not achieved by drafting a Civil Code in Europe even though it was an attempt. Vienna Convention has its structure which is divided into several articles that are part of most of the domestic legislations in the countries of Europe. The author using methods of comparison analysis, systemic analysis and the historical analysis tries to analyze the impact of Vienna convention in the Kosovo positive domestic legislation.
    Keywords: convention, law, sale, trade, goods, norm.
    JEL Classification:K22, K33
    11. CONVENTION FOR INTERNATIONAL SALE OF GOODS AND THE INTERNAL LAW
        Page 113

  • Lecturer Laura MANEA; Lecturer Cristina Mihaela SALCĂ-ROTARU
    ➤Abstract:
    Speaking of university ethics since the first decade of the XXII century, we would be tempted to consider that the principles of academic ethics are relatively recent or that the need for regulation has become stringent in the current context of the information society, in which the detection of plagiarism, for example, is favored by internet technology. In fact, what is recent is the intervention of the legislator, including in the Romanian education system, in establishing the rules for sanctioning the violation of the principles of university ethics. The study starts from the principles of the national higher education system enunciated in art. 118 of Law no. 1/2011, analyzes the regulations of the section dedicated to university ethics in the special normative act (art. 306-310 and art. 318-326 of the National Education Law) but also of other normative acts (Law no. 206/2004) and refers to the analysis of the content and statistics of the decisions of the courts invested to rule on the appeals of decisions aimed at sanctioning deviations from university ethics. The conclusions are in the sense of the need for the legislative harmonization of the provisions incident to the activity of the university ethics commissions between the two normative acts, Law no. 206/2004 and Law no. 1/2011, at least as regards the classification of the decisions/reports of the ethics commissions between an act of labor law or an administrative act and the elimination of the ambiguity from the legal texts. Finally, are presented proposals for legislative changes deemed appropriate for legislative harmonization.
    Keywords: university ethics commission, report, decision, administrative act, labor law act, jurisprudence.
    JEL Classification:H79, K31, K40, K41, K49
    12. PROPOSALS FOR LEGISLATIVE AMENDMENTS REGARDING THE ESTABLISHMENT OF THE LEGAL REGIME OF THE DECISIONS ISSUED BY THE UNIVERSITY ETHICS COMMISSION - BETWEEN NECESSITY AND URGENCY
        Page 121

  • PhD. Muhamet BINAKU
    ➤Abstract:
    Persons who are in work, except rights also have other obligations. Rights arising from employment are rights determined by law, the company's internal acts and collective contract, but at the same time, they are rights guaranteed by the Constitution and international Convention. Judging by these criteria, fair labor relationship are treated as inalienable rights and unlimited. The employer, company and institution are obligated to respect and to allow workers to realize rights from employment which belong. In any case when the employer or institution does not respect the rights of workers, or have discontinued the realization of any rights, from labor relations comes up labor dispute. The labor dispute is a dispute that arises when violated the rights provided by law, from employment or when not carried out certain obligations to workers arising from employment or related to labor relations. In the case of labor dispute, or violation of any rights of employees arising from employment, are defined in labor law some mechanisms through which it can require the implementation of any right which he has offended.
    Keywords: employment, responsibility, obligations, monitoring, violations, actions and effects.
    JEL Classification:K23, K31
    13. VIOLATIONS OF THE RIGTS OF EMPLOYEES IN PUBLIC AND PRIVATE SECTOR IN KOSOVA
        Page 133

  • Associate professor Marta-Claudia CLIZA; Lecturer Laura-Cristiana SPĂTARU-NEGURĂ
    ➤Abstract:
    The objective of this study is to present our arguments on the unconstitutionality of para. (1) of the sole article of the Government Emergency Ordinance no. 4/2012 on certain temporary measures to strengthen the regulatory framework necessary for the application of certain provisions of Title VII of the Law no. 247/2005 on the reform in the fields of property and justice, as well as certain related measures. Considering that the deprivation of the main and accessory effects of the right of ownership, guaranteed by the Romanian Constitution and established by law, requires an express regulation and cannot be a consequence of the interpretation of an unclear rule, we consider that the provisions of para. (1) of the sole Article of the aforementioned normative act does not comply with the constitutional requirements of precision, clarity and predictability, as they are liable to be applied contrary to the constitutional provisions protecting both the separation and balance of state powers and the main and accessory effects of the right to property.
    Keywords: unconstitutionality, GEO no. 4/2012, Law no. 247/2005, property rights.
    JEL Classification:K11, K23
    14. ARGUMENTS FOR DECLARING THE UNCONSTITUTIONALITY OF PARAGRAPH (1) OF THE SOLE ARTICLE OF THE GOVERNMENT EMERGENCY ORDINANCE NO. 4/2012
        Page 138

  • Associate professor Ana VIDAT
    ➤Abstract:
    Against the background of the factual situation – characterized by the repeated prolongation of the state of alert due to the epidemiological situation – it was necessary to regulate in concrete terms support measures for employees, employers and other categories of economically active professionals. In the article we will make brief comments on a specific support measure for employees and employers in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus and the way in which it seeks to stimulate employment growth.
    Keywords: labor contract; reduction of working time; modification of the individual employment contract; pandemic; alert status; social protection.
    JEL Classification:K31
    15. CONSIDERATIONS FOR SOME SOCIAL PROTECTION MEASURES ADOPTED IN THE CONTEXT OF THE SPREAD OF SARS-COV-2 CORONAVIRUS
        Page 147

  • Professor Armand KRASNIQI
    ➤Abstract:
    The paper examines the specifics of legal and judicial protection of copyright and related rights in case of their violation. Under the term of "copyright", the subjects of protection are material goods which through the economic function enable a subject of law an economic benefit precisely from their use. Judicial protection of copyright stems from the fact that these rights are created by engaging a more creative human potential with the investment of large financial resources. However, in our country the legislation adopted in the last two decades, although in formal term is in full compliance with regional and international standards in the field of defence, still the practical implementation has huge difficulty. Copyright is one of the least recognized and respected fields in Kosovo. The authors and theorists of this subjects to this legislation, judicial and prosecutorial institutions and the general public, have limited knowledge not only about the protection that the law gives to their work but have not identified what is the limit of a violation between criminal, civil or administrative areas of copyright and related rights.
    Keywords: the right, property, intellectual, law, penal, civil, administrative.
    JEL Classification:K11, K29
    16. CHALLENGES AND NEEDS OF LEGAL - JUDICIAL PROTECTION OF COPYRIGHT AND RELATED RIGHTS IN KOSOVO
        Page 151

  • Legal advisor Laura Ramona NAE
    ➤Abstract:
    Legal relationships in the field of HoReCa involve specialized contractual partners for this activity. Among them we mention: the owner of the reservation platform, called wholesaler, hotel, client. The specificity of these contractual legal relationships is also determined by their complexity, both in their conclusion and in their development. Through the tourism contract, a complex activity is performed which involves contractual legal relations of: transport, accommodation, curative treatments, rest, seasonal sports, tourist circuits of historical or leisure interest, medical assistance, etc. Of course, the paper involves a brief presentation of some categories of legal relationships.
    Keywords: wholesaler, hotel, hotel services, reservation platform, tour operator, accommodation, markup.
    JEL Classification:K22, K41
    17. LEGAL REPORTS IN THE CONTEXT OF HORECA: OWNER OF THE BOOKING PLATFORM, HOTEL, END CUSTOMER
        Page 157

  • Lecturer Ovidiu-Horia MAICAN
    ➤Abstract:
    We can see in the last four decades the profound and growing extent of international economic relations. As an effect, are necessary international economic institutions such as World Trade Organization (WTO). A number of newer subjects are now regulated by WTO (competition policy, human rights issues, investments rules, environment, labour standards, sanctions, disputes settlement). When we are speaking about such the topic of competition at international level, the main institution involved is World Trade Organization (WTO). At present WTO has an important role in ensuring the free competition in international trade (business) relations. It got this role from GATT.
    Keywords: WTO, international trade, competition, globalization.
    JEL Classification:K33
    18. FREE COMPETITION - INTERNATIONAL DIMENSION
        Page 166

  • Assistant professor Tudorița GRĂDINARIU
    ➤Abstract:
    This paper aims to highlight the main changes to the Romanian National Education Law on the prevention of bullying behavior. The increased incidence of violent acts among students required a legislative framework focused on this type of behavior. Thus, the legislator emphasizes the prohibition of bullying in educational institutions and in spaces intended for education. At the same time, the importance of continuous professional training of teachers is emphasized in order to acquire the skills to identify bullying and to implement effective prevention strategies. In this context, we will present aspects of comparative law and analyze European legislation from the perspective of the role of the school in preventing and combating bullying (see Canada which implemented a similar law in 2012). The novelty of this paper derives both from the identification of strategies to prevent and combat bullying mentioned in national and international legislation, and from the presentation of the results of representative studies for this issue.
    Keywords: bullying prevention, legislative provisions, educational strategies, teachers training, European regulations.
    JEL Classification:K42
    19. CONTEMPORARY CHALLENGES REGARDING BULLYING BEHAVIOR. LEGISLATIVE PROVISIONS AND EDUCATIONAL EFFECTS
        Page 173

  • Lecturer Aurel Octavian PASAT
    ➤Abstract:
    At present, in the period of rapid development of scientific and technological progress, it is impossible for states to exist without their interaction. The interaction between states is achieved through both economic and political relations. In the modern world, cooperation between states is achieved with the help of international organizations. International organizations not only regulate interstate relations, but also make decisions about the global problems of our time. The purpose of creating any international organization is to unite the efforts of states in one field or another: political, military, economic, monetary and financial and others. The purpose of this article is to study by comparison three European international organizations, in their diversity and their role in the international political process. To reveal how they were formed, the historical evolution, the role and positions of these international organizations on the European scene. The study presents their legal personality, the analysis of the differentiation of concepts such as competence, authority and capacity of international organizations.
    Keywords: international organizations, European Council, Council of the European Union, Council of Europe.
    JEL Classification:K33
    20. COMPARATIVE STUDY: EUROPEAN COUNCIL - COUNCIL OF THE EUROPEAN UNION - COUNCIL OF EUROPE
        Page 180

  • Professor Avdullah ROBAJ
    ➤Abstract:
    Fundamental human rights and freedoms are at the core of any legal system in developed and developing democracies. One of the key rights in the catalogue of human rights are undoubtedly the children’s rights. The international system of human rights, and the national systems, give great importance to guaranteeing of the children’s rights. Following the establishment of Kosovo state institutions, the evolution of fundamental human rights and freedoms required the necessity of time. The integration of the Convention on the Rights of the Child into the Constitution, which is directly applicable, provides the basis for sufficient legal regulation to guarantee the children’s rights. Kosovo legal system guarantees the effective protection of human and children’s fundamental rights and freedoms, even though Kosovo is not a signatory to these international instruments. Despite the efforts that have been made and continue to be made in Kosovo regarding the implementation of legislation in force, the situation in practice is still unsatisfactory and children continue to be discriminated against in various areas.
    Keywords: human rights, children’s rights, legal protection of children’s rights, judicial protection of children’s rights.
    JEL Classification:K36
    21. LEGAL PROTECTION OF CHILDREN’S RIGHTS IN KOSOVO
        Page 194




The Journal


ISSN 2601-7830  
ISSN–L 2601-7830 
ETHICS AND MALPRACTICE STATEMENT
Assumption of Liability Declaration

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