Our project organised the conference “Implementation of the European Convention on Human Rights across the Justice Chain”, to mark the 75th anniversary of the European Convention on Human Rights (ECHR) and the International Human Rights Day. The event gathered representatives of courts of all jurisdictions, prosecution offices, Bar Association, partner international organisations and civil society, creating a platform for constructive judicial dialogue on shared challenges and priorities in implementing ECHR standards across the justice system.
Opening the conference, the Head of the Council of Europe Office in Pristina, Mary Ann Hennessey, underlined that the Convention remains as relevant today as it was in 1950. She highlighted its forward-looking vision and its role as the foundation for many later Council of Europe treaties - from the Convention on the Prevention of Torture and the Istanbul Convention to the newest conventions on Artificial Intelligence and on the Protection of Lawyers.
She reminded participants that ECHR Protocols No. 6 and 13 abolished the death penalty, both in peace and wartime and public emergency, across the European continent. She also stressed that the Convention protects individuals from torture, inhuman or degrading treatment or punishment, slavery, arbitrary detention, and discrimination. At the same time, it guarantees the right to fair trial, respect for private and family life, freedom of thought, conscience and religion, freedom of expression and assembly, and right to marriage. “It is a safeguard against abuses of power and a guarantor of dignity within the legal system,” she stated.
Permanent Trainer of the Justice Academy, Islam Sllamniku, presented the Academy’s training programmes integrating ECHR standards, including annual specialised modules on Articles 2, 3, 5, 6, 8, 10 and 14 of the Convention. He highlighted the strong cooperation with the Council of Europe in strengthening human rights focused judicial training.
Judge Artan Abazi, Member of the Judicial Council, outlined current institutional priorities, with caseload reduction remaining a key challenge. Measures have been introduced to incentivise the resolution of older cases through performance criteria. He underlined ongoing cooperation with the Justice Academy in activities aimed at strengthening the use of ECtHR jurisprudence, noting that systematic referencing of Strasbourg case-law enhances the quality of judicial reasoning and builds public trust.
The President of the Supreme Court, Fejzullah Rexhepi, emphasised the importance of fully aligning domestic jurisprudence with ECtHR standards. While acknowledging significant progress, he noted persistent challenges, including ensuring consistent access to ECtHR case-law, the heavy volume of material judges must review under time constraints, and the broader task of harmonising legislation and judicial reasoning with European practice. Human rights implementation, he stressed, is a shared obligation across the entire judiciary, not the responsibility of a single court.
President Rexhepi also underlined strengthened cooperation between the Supreme Court and the Constitutional Court, noting the positive influence of Constitutional Court jurisprudence on the harmonisation of domestic practice. He outlined the Supreme Court’s commitments: further unification of case-law in line with ECHR standards, publication of decisions that clarify Convention rights, expanded human rights training, improved access to ECtHR jurisprudence, and enhanced cooperation with national and international partners. These efforts aim to foster not only formal compliance but a genuine judicial culture grounded in respect for human rights.
Judge of the Constitutional Court, Jeton Bytyqi, reaffirmed that all courts are constitutionally obliged to apply the ECHR (Article 22) and to interpret rights in line with jurisprudence of the European Court of Human Rights (Article 53). He referred to recent Constitutional Court judgments finding violations concerning the right to life in a femicide case, the right to private and family life in a case involving the death of a child abroad, and the right to peaceful enjoyment of property in cases concerning pension recognition. He noted that the Court continues to receive numerous referrals related to excessive length of proceedings.
A senior researcher from the Kosovo Law Institute presented key findings from a comprehensive study on the use of ECtHR case-law in the domestic judiciary, consisting of monitoring 100 hearings, analysing 200 judgments and 15 case files, and reviewing 60 decisions of independent institutions. ECtHR jurisprudence was referenced in only 2% of monitored hearings and 13% of judgments, most frequently by Basic Courts (21%) and least by the Court of Appeals (2%). The highest application was in civil cases (18.7%), and no instance was recorded where lawyers relied on ECtHR case-law.
Participants noted that beyond citing the ECHR, judges and legal professionals must internalise its values in decision-making. Both, representatives from civil society and the judiciary, underlined the importance of strengthening practical use of ECtHR jurisprudence.
Discussions reaffirmed a shared commitment to applying ECHR standards and ECtHR case-law to improve the quality of judicial reasoning. Although ECtHR citations remain limited in many ordinary court decisions, participants noted that judges adhere to ECHR principles which are widely embedded in domestic legislation. This was supported by Constitutional Court data indicating that violations of ECHR rights are found in only 10% of complaints against decisions of ordinary courts.
Participants also highlighted the need for increased number of legal associates and to establish legal research units within ordinary courts, similar to the Jurisconsult Office of the Constitutional Court, to support judges with comparative ECtHR practice and international case-law.
[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.