More than two years after declaring independence, Kosovo struggles with uneven rule of law and a weak justice system that is failing its citizens. This report surveys Kosovo’s domestic legal system and recommends national and international actions to address systemic weaknesses. Above all, Kosovo’s President, government and Assembly must fully support efforts to curb high-level corruption and adopt key framework laws for the judicial system.
Kosovo lags far behind other former Yugoslav states in terms of the rule of law. Serbian oppression in the 1990s, poorly managed United Nations administration until 2008, poverty and inexperienced leadership have all contributed to systemic judicial sector weaknesses. Kosovo’s government has taken steps to reform the judicial system and the EU rule of law mission (EULEX) is investigating high-level corruption. However, Kosovo’s reputation for high-level lawlessness keeps investment out and the country mired in poverty.
While Kosovo has low rates of violent and inter-ethnic crime and most citizens live securely, it suffers from the following weaknesses in the rule of law:
- Judicial procedures suffer from widespread distrust and sub-standard work. It is all but impossible for citizens and corporations to enforce their rights in court.
- The dysfunctional civil law system is choked with a decade-long backlog of cases which scares off investment.
- Judges are demoralised by the case backlog and have a reputation for corruption and favouritism. Bribery and even violence have become an extrajudicial means of dispute resolution.
- While the police are multi-ethnic and have strong public support, they are poorly managed and lack vital skills. The force can deal effectively with low-level crime, but has limited ability to fight organised crime, financial crime and fraud, and trafficking. The police have a hostile relationship with public prosecutors.
- The Kosovo Judicial Council and Police Inspectorate of Kosovo are paralysed by vacancies and lack of authority.
- While the Kosovo/Serbian border has become much better controlled recently, the north remains a stumbling block in relations between Kosovo and Serbia.
Actors involved in Kosovo’s institutional development should take the following steps:
- EULEX should provide technical and political support to the police and inspectorate.
- The police, state prosecutor and Internal Affairs and Justice Ministries should improve cooperation and mandate training on organised and financial crime, drugs, human trafficking and counter-terrorism.
- The Serbian government should support the appointment of Serb judges in Kosovo.
- The international community should support EULEX’s investigation of corruption and pressure the government to implement the rule of law.
