THE PROTECTION OF THE RIGHTS OF THE DEFENDANT BY THE CONSTITUTIONAL COURT-THE KOSOVO CASE

The aim of this case study is to analyze the protection of the rights of the defendant in criminal proceedings and the implementation of international standards on the rights of the defendant in criminal proceedings in the domestic law of the Republic of Kosovo. This paper will focus on the role of...

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Main Author: Adelina Rakaj
Format: Article
Language:English
Published: ADJURIS – International Academic Publisher 2020-05-01
Series:Perspectives of Law and Public Administration
Subjects:
Online Access:http://adjuris.ro/revista/articole/an9nr1/1.%20Adelina%20Rakaj.pdf
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author Adelina Rakaj
author_facet Adelina Rakaj
author_sort Adelina Rakaj
collection DOAJ
description The aim of this case study is to analyze the protection of the rights of the defendant in criminal proceedings and the implementation of international standards on the rights of the defendant in criminal proceedings in the domestic law of the Republic of Kosovo. This paper will focus on the role of the Constitutional Court of Kosovo in protecting the rights of the defendant during a criminal process, based on specific cases decided by the Constitutional Court of the Republic of Kosovo. For more than ten years since the Declaration of its Independence, Kosovo has established a legal system, which provides effective protection for the rights of a defendant. A significant role in this regard was played by the fact that Kosovo directly applies the jurisprudence of the International Court on Human Rights (ECtHR), as a constitutional obligation. Out of all institutions of the legal system in Kosovo, which are obliged to protect the rights of defendants, a determinant role was played by the Constitutional Court in such regards, therefore, this paper presents arguments how the Constitutional Court of Kosovo has become a guardian for protection of the rights of defendants, in compliance with the Jurisprudence of the ECtHR.
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spelling doaj.art-5718d8dd08814044af996c84ff5cccba2022-12-21T22:39:53ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302020-05-0191514THE PROTECTION OF THE RIGHTS OF THE DEFENDANT BY THE CONSTITUTIONAL COURT-THE KOSOVO CASEAdelina Rakaj0Teaching Assistant at Faculty of Law, University of Prizren, KosovoThe aim of this case study is to analyze the protection of the rights of the defendant in criminal proceedings and the implementation of international standards on the rights of the defendant in criminal proceedings in the domestic law of the Republic of Kosovo. This paper will focus on the role of the Constitutional Court of Kosovo in protecting the rights of the defendant during a criminal process, based on specific cases decided by the Constitutional Court of the Republic of Kosovo. For more than ten years since the Declaration of its Independence, Kosovo has established a legal system, which provides effective protection for the rights of a defendant. A significant role in this regard was played by the fact that Kosovo directly applies the jurisprudence of the International Court on Human Rights (ECtHR), as a constitutional obligation. Out of all institutions of the legal system in Kosovo, which are obliged to protect the rights of defendants, a determinant role was played by the Constitutional Court in such regards, therefore, this paper presents arguments how the Constitutional Court of Kosovo has become a guardian for protection of the rights of defendants, in compliance with the Jurisprudence of the ECtHR.http://adjuris.ro/revista/articole/an9nr1/1.%20Adelina%20Rakaj.pdfcriminal proceedingsthe rights of the defendantconstitution of the republic of kosovoechrecthr
spellingShingle Adelina Rakaj
THE PROTECTION OF THE RIGHTS OF THE DEFENDANT BY THE CONSTITUTIONAL COURT-THE KOSOVO CASE
Perspectives of Law and Public Administration
criminal proceedings
the rights of the defendant
constitution of the republic of kosovo
echr
ecthr
title THE PROTECTION OF THE RIGHTS OF THE DEFENDANT BY THE CONSTITUTIONAL COURT-THE KOSOVO CASE
title_full THE PROTECTION OF THE RIGHTS OF THE DEFENDANT BY THE CONSTITUTIONAL COURT-THE KOSOVO CASE
title_fullStr THE PROTECTION OF THE RIGHTS OF THE DEFENDANT BY THE CONSTITUTIONAL COURT-THE KOSOVO CASE
title_full_unstemmed THE PROTECTION OF THE RIGHTS OF THE DEFENDANT BY THE CONSTITUTIONAL COURT-THE KOSOVO CASE
title_short THE PROTECTION OF THE RIGHTS OF THE DEFENDANT BY THE CONSTITUTIONAL COURT-THE KOSOVO CASE
title_sort protection of the rights of the defendant by the constitutional court the kosovo case
topic criminal proceedings
the rights of the defendant
constitution of the republic of kosovo
echr
ecthr
url http://adjuris.ro/revista/articole/an9nr1/1.%20Adelina%20Rakaj.pdf
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