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When Court Decisions Simply Aren’t Enough: What Comes Next for Bosnia and Herzegovina’s Constitutional Crisis?

Following unprecedented legal moves toward the de facto secession of one of Bosnia and Herzegovina’s (BiH) subnational units—Republika Srpska (RS)—the Constitutional Court of BiH (CC BiH / the Court) has annulled laws and policies it deemed to undermine state sovereignty and the supremacy of national judicial and security institutions within RS territory. However, the legal …

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 …