The project organised an engaging workshop on European human rights standards with over 50 lawyers from the regional branch of the Bar Association in Ferizaj/Uroševac. The event featured presentation of the Admissibility Guide of the Constitutional Court of Kosovo* and training on Effective Legal Remedies.
The first session introduced participants to the Guide on Admissibility of Referrals to the Constitutional Court, specifically tailored for legal professionals. A judge from the Constitutional Court of Kosovo* elaborated key topics covered in the Guide including the victim status, the requirement to exhaust legal remedies, and the four-month time limit for lodging the applications to the Constitutional Court. Lawyers were also familiarised with grounds for inadmissibility based on the merits (manifestly ill-founded referrals), and based on the court's jurisdiction (ratione materiae, ratione personae, ratione loci, and ratione temporis).
In the second part of the workshop participants deepened understanding of the interpretation and application of Article 13 of the European Convention on Human Rights (ECHR), the Right to an Effective Remedy. This segment drew upon the rich caselaw of both the European Court of Human Rights (ECtHR) and the Constitutional Court of Kosovo*. Lawyers were reminded of the obligation to apply the ECtHR's case law, as mandated by Article 53 of the Constitution, and explored the right to an effective legal remedy in line with principles established by both the ECtHR and the Constitutional Court.
Fruitful discussions revolved around the meaning of Article 13 ECHR and its interpretation in ECtHR practice, the concept of national authority and challengeable acts, and the criteria for determining an effective remedy. Furthermore, participants delved into the interpretation of corresponding articles 32 and 54 of the Constitution in the caselaw of the Constitutional Court, examining the basic principles established through the reference between these constitutional articles and Article 13 ECHR.
Specific attention was given to the obligation to exhaust effective legal remedies, drawing from the caselaw of both the ECtHR and the Constitutional Court. The emphasis was placed on the meaning and purpose of this rule and its formal-procedural application by both courts. Participants were guided on how to assess the exhaustion of legal remedies, particularly in cases where remedies are at the discretion of another authority, such as requests for protection of legality through the Public Prosecutor, and when multiple remedies exist simultaneously affecting exhaustion obligations. The discussion also covered the obligation to exhaust regular and extraordinary legal remedies, and the newest practice of the Constitutional Court in this regard, across both criminal and civil fields.
The event concluded with considerations of practical aspects of researching and referencing ECtHR case law. Lawyers learned how to effectively utilise tools and resources within the ECtHR's HUDOC database and the ECHR-KS knowledge sharing platform, which includes ECtHR Case Law Guides, Transversal Themes, and Thematic Factsheets.
This workshop marks another step in strengthening the application of European human rights standards within Kosovo's legal system, fostering a deeper understanding among legal professionals and ultimately contributing to enhanced protection of fundamental rights.
[1] *All references to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo