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Direct Applicability of the European Convention of Human Rights in Kosovo: The Successes and Challenges in Implementing Strasbourg Standards

I. Introduction  The CCK as the youngest court of such nature in Europe was established after Kosovo declared its independence in 2008. The role of this court was to become a guardian of the Constitution of the Republic of Kosovo (the Constitution) but it would be set in motion only when requested so by authorized …

When “Less Than” is not “Equal to” – A silent risk to the right of appeal

Introduction When we speak about the right to justice, we often think of grand constitutional principles or international treaties. But sometimes, the strength of that right depends on the smallest details, like whether the word “less” also means “equal.” The principle of access to justice is one of the cornerstones of both the Albanian constitutional …

Beyond the Mandate: The ECJ’s Entry into Bulgaria’s Rule of Law Landscape

Bulgaria is an EU Member State facing long-standing rule of law concerns, including persistent deficiencies in judicial independence and an increasingly troubling pattern of fundamental rights violations. Compared to other EU Member States with similar entrenched structural problems, like Poland, Hungary or Romania, Bulgaria has not featured prominently in the Commission’s rule of law enforcement …