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The constitutional protection of property: The case of Kosovo

Ardrit Gashi

SEER Journal for Labour and Social Affairs in Eastern Europe, 2019, vol. 22, issue 1, 53-66

Abstract: One of the main constitutional legal protections in Kosovo is that applying to property. The Constitution guarantees this and it can therefore be realised at the Constitutional Court. Problems regarding the protection of property have, for many reasons, been a continuous feature of Kosovan institutions and society, notably after 1999. Therefore, this topic, both in the light of the constitutional provisions and in interaction with the standards and interpretations of the European Court of Human Rights, constitutes a highly important one for analysis. This article presents aspects of the requirements for filing complaints over the protection of property, emphasising the position of the European Convention on Human Rights in the Kosovo legal system and the application of Protocol 1 of the Convention. The paper refers mainly to Kosovo, but the academic discourse it generates has general applicability. The Constitutional Court, based on Article 53 of the Constitution, obliges all public authorities to implement the best practice of the European Court in adjudicating the Constitutional guarantees on fundamental rights and freedoms.

Date: 2019
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DOI: 10.5771/1435-2869-2019-1-53

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