Albania & Kosovo, An Overview: Their Past & Current Legal Systems; What Does Their Future Hold?

Abstract

I have taken on the task of writing an article on the current legal situation in Kosovo for a few reasons. Firstly, it was my assignment as a senior attorney commissioned under the auspices of the American Bar Association through the Center for International Legal Studies to teach law there in the fall of 2009. I taught criminal law at Universum University in Prishtina, the capital city of Kosovo. While there, I lectured the students on the current state of the criminal law as outlined by the United Nations1 as well as gave them an overview of the American criminal and procedural system. Like the Kosovars themselves, I found my students very engaging, with a thirst for knowledge and love of Americans that no doubt sprang from our allegiance and help during the latest war there. One has to remember that this is a third world country, vastly different from a developed country like the United States or even any developed country in Europe. Its history is crucial in understanding the current state of legal affairs. It’s culture and economy also has an impact on its legal system, as does that of its mother country, Albania. This article will also serve to bring the interested reader up to date as to what is happening there, legally speaking. It is my hope that the reader will come away with a better understanding of Kosovo’s current plight. My aim is to present the beliefs and positions of all countries involved. In considering all of the above, the question becomes what can be envisioned for these Balkan territories. Legally, socially and economically speaking? I believe it will be one that is challenging and bright. However, it will be years in the making. Having said this, it is my sincere hope that a compromise will ensue between the Kosovar Albanians and Kosovar Serbs and that the Rule of Law2 will gain a strong foothold there, making for a stable government and administration, the capability to sustain territorial and political independence, to keep public order and security, a legal system and a court organization that ensures everybody ordinary justice3, thus the protection of its citizens and a sound economy.

Keywords: Legal History