The project organised a two-day workshop on European human rights standards for 20 legal professionals from the Agency for Free Legal Aid. The training focused on strengthening participants’ ability to apply the right to an effective remedy and key fair-trial guarantees when advising and representing clients.
The first session examined the right to an effective remedy under Articles 32 and 54 of the Constitution of Kosovo*[1] and Article 13 of the European Convention on Human Rights. Participants explored how to assess whether a remedy is effective in practice, including whether it is accessible, provides meaningful examination of a complaint, offers appropriate redress and leads to the timely implementation of decisions. The session also addressed procedural remedies and time limits in administrative, civil and criminal proceedings, highlighting the importance of verifying service of decisions, standing, available remedies and applicable deadlines.
Discussions drew on the case law of the European Court of Human Rights, including Aksoy v. Turkey and Kudła v. Poland, as well as relevant decisions of the Constitutional Court of Kosovo*. These examples illustrated that an effective remedy must go beyond a formal opportunity to challenge a decision and provide genuine review and practical redress.
The second session focused on the right to a reasoned judicial decision, guaranteed by Article 31 of the Constitution of Kosovo* and Article 6(1) of the Convention. Participants examined how to assess whether judgments adequately explain the relevant facts, evidence, applicable legal provisions and reasoning leading to the outcome. The discussion highlighted the importance of courts addressing the principal arguments of the parties, particularly those capable of influencing the outcome of a case.
Through an analysis of the Strasbourg Court’s judgments, including Ruiz Torija v. Spain and Hiro Balani v. Spain, alongside decisions of the Constitutional Court of Kosovo*, participants explored how the failure to address a clear and potentially decisive argument may undermine the right to a fair hearing. A practical checklist provided guidance on reviewing judgments and identifying possible grounds for legal challenges.
The final session addressed the right to have cases heard within a reasonable time under Article 31(2) of the Constitution of Kosovo* and Article 6(1) of the ECHR. Participants examined the criteria used by the Court in Strasbourg to assess the length of proceedings: the complexity of the case, the conduct of the applicant, the conduct of the authorities and what is at stake for the person concerned. Case-law discussions, including Frydlender v. France and Kudła v. Poland, highlighted the importance of identifying periods of inactivity, unexplained delays and repeated remittals for retrial, as well as examining whether effective remedies are available.
The workshop emphasised practical approaches that legal aid professionals can use in their daily work, including documenting the timeline of proceedings, assessing the remedies available, identifying shortcomings in judicial reasoning and grounding legal arguments in relevant constitutional and Convention standards.
By strengthening the capacity of free legal aid professionals to recognise and address potential violations of fair-trial guarantees, the project contributes to improving access to justice and ensuring more effective protection of human rights for people seeking legal assistance in Kosovo*.