Extrajudicial Protection of Property Rights in the Aftermath of Kosovo Armed Conflict

MSc. Fatlum Halimi

Abstract


The aim and purpose of this paperwork is to review how the property rights in Kosovo are protected in the aftermath of the armed conflict of 1999. Paperwork moreover explains the quasi-judicial mechanisms created to protect property rights, their fundamental principles, legal framework, jurisdiction and their endorsed legal remedies.

This paperwork is prepared based in triangulation methodology, i.e. empirical method, including legislative application and statistical method.

The protection of property rights in Kosovo is considered a serious problem and the legal system here in particular the work of judicial institutions/regular courts has shown inefficiencies due to political interference in the judicial system and the large number of backlog cases in the courts, in the other hand insufficient number of judges to cope and handle that amount of backlogs.

Housing and Property Directorate and its successor Kosovo Property Agency were established as apolitical and independent institutions led and supervised internationally as an ideal solution for resolution of property disputes efficiently and un-biased.

Both institutions are faced with challenges and obstacles during the processing, adjudication and implementation of property claims. However, the results obtained in this paperwork show that Housing and Property Directorate has accomplished its mission efficiently, un-biased and in accordance with its legal framework, while Kosovo Property Agency has been performing its mandate in effective manner.


Keywords


Housing and Property Directorate; Kosovo Property Agency; Commission; Claims; Property Rights; Adjudication and Legal Remedies;

References


Administrative Direction No. 2007/5, On implementing UNMIK Regulation no. 2006/50 on the Resolution of Claims Relating to Private Immovable Property, Including Agricultural and Commercial Property.

KPA annual report 2009, p.12 Available from: http://www.kpaonline.org/PDFs/AR2009.pdf [Accessed on 18.09.2014]

KPA official website; Available from: www.kpaonline.org [Accessed on 16.09.2014]

Law on Changes and Supplements on the Limitation of Real Estate Transactions (Official Gazette of the Socialist Republic of Serbia, 22/9). This law has been repealed by UNMIK with Regulation 1999/10 as being discriminatory in its intent.

Law 03/L-079 on Amending UNMIK Regulation 2006/50- On the Resolution of Claims Relating to Private Immovable Property, Including Agricultural and Commercial Property

UNMIK Regulation 1999/23 On the Establishment of the Housing and Property Directorate and the Housing and Property Claims Commission.

UNMIK Regulation 2000/60 On residential property claims and the rules of procedure and evidence of the Housing and Property Directorate and the Housing and Property Claims Commission.

UNMIK Regulation No. 2006/50 On the Resolution of Claims Relating to Private Immovable Property, Including Agricultural and Commercial Property.

The Free Dictionary, Available from: http://legal-dictionary.thefreedictionary.com/extrajudicial [Accessed on 18.09.2014]


Full Text: PDF

DOI: 10.21113/iir.v4i2.46

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Copyright (c) 2016 MSc. Fatlum Halimi

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