The project organised a training session for judges of ordinary courts, legal associates and prosecutors on the effective use of the jurisprudence of the European Court of Human Rights in domestic adjudication. 25 legal professionals engaged in substantive exchanges with two experts who brought academic expertise and the practical experience of a Supreme Court judge.
The training focused on the methodologies, interpretative doctrines and practical approaches applied by the Court in Strasbourg in case processing, decision-making and reasoning of judgments. Particular attention was given to how the Court’s tools and resources can be effectively utilised in judicial practice in Kosovo*[1].
Discussions centred on the key guarantees of the right to a fair trial under Article 6 of the European Convention on Human Rights, covering both its civil and criminal aspects. Participants examined procedural and institutional safeguards developed in the Court’s case-law, with a specific focus on the rights of the defence and equality of arms, including access to witnesses and the administration of evidence in criminal proceedings. The important role of Basic Court judges was underlined, given their direct engagement with witnesses, as opposed to appellate courts which primarily assess written records. Specific attention was given to safeguards against arbitrariness and the availability of effective domestic remedies.
In the civil context, participants analysed the right to a fair trial in conjunction with the right to the peaceful enjoyment of property under Article 1 of Protocol No. 1 to the Convention, comparing Strasbourg jurisprudence with domestic judicial practice.
The training further addressed institutional guarantees under Article 6, including access to court, independence and impartiality, the right to a public hearing and overall fairness of proceedings. Particular emphasis was placed on the obligation to provide reasoned judgments, as an essential component of the right to a fair trial. Practical guidance was provided on integrating Strasbourg Court’s case law into judicial reasoning and structuring judgments in line with the Court’s standards.
Participants also examined the reasonable time requirement, analysing the four cumulative criteria applied by the Court: the complexity of the case, the conduct of the parties, the conduct of the court and authorities and what is at stake for the applicant.
Through the analysis of many landmark judgments of the Strasbourg Court, including Taxquet v. Belgium, Al-Khawaja and Tahery v. the United Kingdom, Van de Hurk v. the Netherlands, Bara and Kola v. Albania, Moreira Ferreira v. Portugal and García Ruiz v. Spain, among others, participants strengthened their practical understanding of fair trial guarantees.
This activity marked the first training with serving judges, prosecutors and legal associates under the new project cycle organised in cooperation with Justice Academy. In line with the annual in-service training program of the national judicial training institution, the project will support six additional training activities in 2026, focusing on Convention standards and the case law of the Court in Strasboourg.
* 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.
