|
The Republic of Kosovo has a civil law system which is also sometimes known as Continental European law system. The central source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. This system of Kosovo has experienced several changes throughout the years and is currently a system that includes prominent bodies and branches that help Kosovo enact adequate laws and conduct proper legal procedures. == Historical context == Under the 1974 constitution of the Socialist Federal Republic of Yugoslavia (SFRY), Kosovo was an “autonomous province” within the SFRY and, as such, enjoyed substantial sovereign rights. As an autonomous province in the SFRY, Kosovo had a parliament, government, judiciary, constitutional court and a national bank. In March 1989, following the rise to power of Slobodan Milošević, Kosovo’s autonomy was unlawfully abolished and Serbia assumed full control over the territory. Shortly thereafter, the newly installed regime dismissed all Kosovo Albanians from their public positions, including the judiciary. Following the disintegration of SFRY, the aforementioned constitutional changes were sanctioned into law by the 1992 constitution of the Federal Republic of Yugoslavia, which was constituted of only Serbia and Montenegro.〔Wolf Theiss The Legal Guide to Kosovo, 2nd edition, March 2009〕 While some of dismissed Kosovo Albanian judges and prosecutors moved to the private practice, the lawlessness and widespread corruption that ensued the installation of the Milosevic regime in the province rendered their roles as attorneys obsolete. Consequently, most of them were forced out of the legal profession completely. The applicable law in Kosovo stems from different sources with the following order of precedence: 1. Laws passed by the Kosovo Assembly after the constitution came into force in June 2008 2. UNMIK Regulations (with supporting Assembly laws) passed between June 1999 and June 2008 3. Laws dated prior to 22 March 1989 4. Laws dated between 22 March 1989 and 10 June 1999 which are not discriminatory.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Law of Kosovo」の詳細全文を読む スポンサード リンク
|