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Back Administrative courts’ judges and legal associates strengthen capacity to apply European human rights standards

Administrative courts’ judges and legal associates strengthen capacity to apply European human rights standards

The project, in co-operation with the Justice Academy, organised training on the practice of the European Court of Human Rights in administrative dispute cases and the implementation of the respective Strasbourg case law by domestic courts. The activity brought together 20 judges and legal associates from the Administrative Departments of the Basic Court and the Court of Appeals, who engaged in practical discussions with two Supreme Court judges serving as experts.

The training focused on strengthening participants’ capacity to identify and address human rights issues arising in administrative disputes and to integrate relevant case law of the European Court of Human Rights into domestic judicial reasoning. Participants examined how principles established by the Strasbourg Court can be applied by domestic courts when assessing both procedural and substantive aspects of administrative cases, drawing also on relevant case law of the Constitutional Court of Kosovo*[1].

Particular attention was given to Article 53 of the Constitution, which requires human rights and fundamental freedoms guaranteed by the Constitution to be interpreted consistently with the decisions of the European Court of Human Rights. The discussions highlighted the practical importance of this obligation and the role of domestic courts in ensuring that Convention standards are effectively reflected in administrative adjudication.

Through case-law analysis and practical examples, participants explored the application of Article 6 of the European Convention on Human Rights, including the right of access to a court and the requirement for reasoned judicial decisions in administrative proceedings. They also examined Article 13, the right to an effective remedy, Article 8, protecting the right to respect for private and family life, and Article 1 of Protocol No. 1, concerning the peaceful enjoyment of property.

The training also addressed the evolving application of Article 6 to administrative proceedings where decisions determine individuals’ civil rights and obligations. Participants discussed how administrative acts, decisions or omissions may engage Convention rights and the importance of effective judicial review where individual rights and legally protected interests are affected. Specific emphasis was placed on property-related disputes, including expropriation and compensation, and on the need to strike a fair balance between the public interest and the protection of individual rights. Relevant jurisprudence of the European Court of Human Rights illustrated how Convention principles can guide domestic courts in assessing such disputes and ensuring effective protection of rights.

The exchange highlighted the importance of further integrating Strasbourg case law into administrative judicial practice. By strengthening judges’ and legal associates’ practical knowledge of Convention standards and their application in administrative disputes, the training contributes to more consistent, rights-based and effective domestic adjudication.


 
Pristina 1 October 2026
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* All references to Kosovo, whether the territory, institutions or population, in this text shall be understood in full compliance with United Nations' Security Council Resolution 1244 and without prejudice to the status of Kosovo.