Retour Ordinary Courts’ Judges Deepen Understanding of Constitutional and European Human Rights Standards in Civil and Administrative Cases

Ordinary Courts’ Judges Deepen Understanding of Constitutional and European Human Rights Standards in Civil and Administrative Cases

The project, in co-operation with the Justice Academy, organised workshop for judges of ordinary courts and legal professionals from the Academy on the case-law of the Constitutional Court of Kosovo*[1] and the European Court of Human Rights in civil and administrative matters. The workshop brought together 21 participants for practical discussions and an exchange with two experienced experts engaged by the project, a former President of the Constitutional Court and a former Chairperson of the Judicial Council.

The training explored the relationship between constitutional review and the work of ordinary courts, focusing on their respective roles in protecting fundamental rights and ensuring compliance with constitutional and European human rights standards. Participants examined the Constitutional Court’s jurisdiction in reviewing referrals submitted by authorised parties concerning decisions of ordinary courts, as well as the distinction between constitutional review and the assessment of legality by courts exercising ordinary jurisdiction.

Particular attention was given to constitutional obligation to apply the European Convention on Human Rights and interpret human rights in accordance with the case law of the European Court of Human Rights. Discussions highlighted the role of ordinary courts in applying constitutional and Convention standards in their proceedings and the Constitutional Court’s authority as the final interpreter of the Constitution. A substantial part of the workshop focused on Article 6 of the Convention, the right to fair trial. Participants examined key principles, including effective access to court, judicial independence and impartiality, the right to be heard, equality of arms, the assessment of evidence, the obligation to provide reasoned judgments, oral hearings and the requirement to conclude proceedings within a reasonable time.

Practical case studies drawn from the case law of the Constitutional Court and the Court in Strasbourg enabled participants to consider how these principles apply in civil and administrative proceedings. The discussions addressed delays in judicial proceedings, parties’ opportunities to respond to evidence, the reasoning of judgments and access to judicial review of administrative acts. Participants also explored how constitutional decisions can influence the practice of ordinary courts and contribute to more consistent judicial decision-making.

In the concluding session, participants were introduced to the resources available on the European Court of Human Rights’ knowledge-sharing platform, ECHR-KS, including case-law guides, thematic factsheets and key-topic summaries. They were also familiarised with the Practical Guide on Admissibility Criteria and the thematic summaries available on the Constitutional Court’s website, equipping them with practical tools to support their research.

By combining legal analysis, case-law review and practical discussion, the workshop strengthened participants’ understanding of constitutional and European human rights requirements and their application in judicial practice. It contributed to promoting more consistent, well-reasoned and rights-based decisions in civil and administrative cases, reinforcing the protection of fundamental rights within domestic judicial system.

 

Pristina 21 October 2026
  • Diminuer la taille du texte
  • Augmenter la taille du texte
  • Imprimer la page

* 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.