Jurisdiction of courts with a focus on the Special Chamber of the Supreme Court of Kosovo

Mr.Sc. Sabri Halili

Abstract


The legal solution offered by the Law establishing the Special Chamber of the Supreme Court of Kosovo is rather challenging for practical implementation. Due to this fact, the decisions of the Special Chamber contain various dilemmas of judges on the jurisdiction of the Chamber on the matters related to natural persons sued by the PAK, which are related to various liabilities of these persons to socially-owned enterprises, namely to the PAK. Since the PAK administers and represents socially owned property in general, it is naturally bound to seek for legal resolutions for all legal contests before a competent court. Naturally, the PAK would seek for such a solution before the Special Chamber of the Supreme Court of Kosovo on PAK-related matters, which is already bound by the title itself, “on PAK-related matters”.

Comparisons of remedies by various laws related to subject competence are based on legal literature used in higher education in Kosovo. Analysis of subject competences of regular and special courts is two-fold: the Commercial Court and the Military Court, while the competence of the Special Chamber is only analysed in relation with the Law on Courts, and the Law on the Special Chamber of the Supreme Court, comparing it with the Law on Contested Procedure and the Law on the PAK.

The Special Chamber has before and still continues to avoid jurisdiction of this Court, which is sanctioned by Articles 4 and 5 of the Law on the Special Chamber, due to the fact that in cases in which the PAK has sued a natural or legal person, due to debts, occupation of socially owned property, or any other disputed matter, which is directly related to socially owned properties, the Special Chamber proclaims itself incompetent, and transfers the case to regular courts, although the Special Chamber adjudicates “on PAK-related matters”, but in this case only when the PAK is respondent, not when it is claimant.


Keywords


court jurisdiction; jurisdiction of the Special Chamber of the Supreme Court of Kosovo; PAK;

References


Brestovci Faik, Civil Procedure Law (E Drejta Procedurale Civile)

Pozniq Borivoje, Civil Procedure Law (E Drejta Procedurale Civile)

Other sources

Decisions of the Special Chamber of the Supreme Court of Kosovo.

Law on the Privatization Agency of Kosovo.

Law on the Special Chamber of the Supreme Court of Kosovo.

Contested Procedure Law.

Annex of the Special Chamber Law.


Full Text: PDF

DOI: 10.21113/iir.v3i1.110

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Copyright (c) 2016 Mr.Sc. Sabri Halili

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