cover image: Memo on Decani  The rule of law, an urgent issue and

20.500.12592/xsj4135

Memo on Decani The rule of law, an urgent issue and

4 Mar 2024

The monastery of Visoki Decani, Kosovo, March 2024 This issue concerns a property dispute in the municipality of Decan, the most famous Serb Orthodox monastery in the Balkans (Visoki Decani) and questions about the future of the rule of law in Kosovo. [...] Is the monastery prepared to do that now?” Father Sava with Ottoman legal documents in the monastery’s library Father Sava Janic, the abbot of Decani monastery, responded: “As representatives of the monastery we think this proposal is realistic, so in case that all the property, which has been disputed, and which is within the protective zone, if it remains the property of the monastery the monast. [...] Kosovo Constitutional Court, Pristina Before the Constitutional Court, Decani monastery argued that non-implementation of the 2012 judgements constituted a violation of both the Kosovo constitution and the European Convention on Human Rights (ECHR): “The right to legal certainty, as one of the fundamental guarantes which is provided by the principle of a fair trial, guarantees that the final court. [...] Furthermore, the enforcement of final decisions is a fundamental principle of the rule of law …” An institution that has failed – and so has the Central Cadastral Agency The only solution All of the above leaves only one way to address this issue: the government of Kosovo must ensure, with all the instruments and the authority at its disposal, that the judgements of 2012 and 2016 are immediately i. [...] To join the Council of Europe, members need to make a credible commitment: “Every member of the Council of Europe must accept the principles of the rule of law and the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realization of the aim of the Council.” (Article 3, Statute of the Council of Europe adopted.

Authors

Kristof Bender

Pages
13
Published in
Bosnia and Herzegovina