Browsing by Author "Borovci, Mentor"

Now showing 1 - 4 of 4

Enforceability of International Rule of Law Benchmarks in Legislative Process: The Abrogation of Secondary Legislation in Kosovo
(AAB College, 2025-07-16) Borovci, Mentor
This article examines the enforcement process of the international rule of law benchmarks by the Government of Kosovo through their internalization into domestic legislation. Particular attention is paid to the legal benchmarks established in the Rule of Law Checklist adopted by the Venice Commission, which, among others, provides guidelines on the extent of delegation of the legislative powers from parliament to the government. More specifically, this article presents a legal analysis of legal measures taken by the Government of Kosovo to enforce legal benchmarks of the Rule of Law Checklist of the Venice Commission into domestic legislation. This has been done through the evaluation of compliance with its sub-legal acts with specific laws and abrogation of sub-legal acts that lacked specific legal authorization, and therefore did not comply with rule of law benchmarks. Overall, this article seeks to demonstrate the distinct practical value of the rule of law elements in the development processes, given the indispensable role of stable and predictable legal processes in the functioning of institutions.
The Constitutional Relevance of the ECHR in Domestic Law: The Kosovo Perspective
(AAB College, 2025-07-18) Borovci, Mentor
This article examines the status and importance of the European Convention onHumanRights (ECHR) and European Court ofHuman Rights (ECtHR) Jurisprudence in the national legal system of the Republic of Kosovo. This will be accomplished by pursuing two main paths: first, by a doctrinal analysis of the constitutional status of the ECHR and the Jurisprudence of the ECtHR in Kosovo and, second, through a closer examination and analysis of specific cases as to the level of their (non) implementation by the Constitutional Court and regular courts of Kosovo. Even though Kosovo is not a member of the Council of Europe and has not ratified the ECHR, the ECHR has a specific and privileged place in the legal system of Kosovo and is part of its constitution. This makes Kosovo a very special case regarding the technique chosen for the incorporation of international instruments for human rights in its internal legal order. Public authorities in Kosovo agree to the obligation that the scope and meaning of fundamental rights should always be determined based on the standards established in Strasbourg. However, implementing these Strasbourg-derived standards is not simple or easy. Some of the elements identified for the application of these standards in internal judicial practice include the degree and measure of implementation, the methodology of choosing cases, the methods of interpretation, and local legal culture. This article, explains these elements by analyzing statistical data and specific court cases.
The Role of International Organizations in the Recognition and Non-recognition of States in International Law
(AAB College, 2025-07-18) Borovci, Mentor
The main objective of this article is to identify the role of international organizations in the process of recognition and non-recognition of states in international law. The integration of states in the international community is dependent on its position towards other states and international organizations. The decision of an international organization to admit a state in its membership is a factual recognition of that entity as a state, and it helps it to integrate as a legitimate actor of international relations. On the other hand, as international practice demonstrates, international organizations play an important role in the non-recognition of entities which claim to become states in contravention of jus cogens norms of international law. The role of international organizations in this context will be examined by using different methodological tools such as legal, analytical and comparative in order to obtain a better understanding of the issues involved.
The Transformative Impact of EU Product Requirements on Costs and Revenues in the Manufacturing Sector in a Developing Economy
(AAB College, 2025-07-16) Dalloshi, Pranvera; Borovci, Mentor; Rexha, Donat
As international trade continues to expand, non-tariff barriers (NTBs): such as technical regulations, standards, and conformity assessments are gaining prominence. These measures, often referred to as technical barriers to trade (TBTs), pose significant challenges for businesses, particularly those in less developed countries aiming to access markets like the European Union (EU). While these requirements aim to ensure the safety and quality of products for EU customers, they often present substantial challenges for firms from countries like Kosovo. This study explores the potential escalation in costs as well as the economies of scale stemming from enhanced EU product requirements compliance. Based on a comprehensive survey of Kosovar manufacturing firms and logistic regression analysis, the findings indicate that operational adjustments required for compliance with EU product standards significantly increase the likelihood of firms experiencing difficulties in this process. Additionally, the study reveals the potential for achieving economies of scale, highlighting both the challenges and potential opportunities this process entails. Understanding this duality is essential for businesses navigating the complexities of exporting to the EU, ultimately fostering informed decision-making and strategic actions. To the best of our knowledge, this is the first study that makes a substantial contribution to the field, by providing empirical analysis of the financial implications of EU product compliance for manufacturing businesses in Kosovo. Kosovo’s economy is import-dependent, and its manufacturing exports are limited and often concentrated in low-complexity products, while manufacturing sector is dominated by Small and Medium-Sized Enterprises (SMEs), faces limited institutional support for compliance infrastructure and constrained access to international markets.