Civil Procedure Code at Kosovo
Kosovo's civil litigation framework is primarily governed by the Law on Contested Procedure (LCP), Law No. 03/L-006, enacted in 2008. This law outlines the procedures for civil cases, including contested, non-contested, and enforcement procedures. It serves as the cornerstone of Kosovo's civil procedural law. ((PDF) Civil Procedure on Securing a Claim in the Republic of Kosovo, Civil Procedure on Securing a Claim in the Republic of...)
📘 Accessing the Law on Contested Procedure
The full text of the Law on Contested Procedure (LCP) is available in English through the Legislationline portal. This resource provides comprehensive information on the law's provisions and its application in Kosovo. (National Legislative Bodies / National Authorities (Author), published by Legislationline: “Procedure Code”, Document #1267798 - ecoi.net)
⚖️ Key Features of the Law on Contested Procedure
Court Structure: Civil cases are adjudicated by a panel of judges, with a single judge presiding over first-instance procedures and a three-judge panel handling appeals.
Jurisdiction: Upon receipt of a claim, the court assesses whether the matter falls within its jurisdiction. Parties are informed of their right to proceed in their native language, with interpreter assistance provided as necessary. (Law on Civil Procedure)
Language Rights: Parties have the right to submit complaints and other pleadings in the official language of the court. If a national minority language is in official use, documents may be submitted in that language, provided it aligns with the law. (Law on Civil Procedure)
Pleadings: The law outlines procedures for complaints, responses, legal remedies, and other statements, motions, and pleadings, ensuring a structured approach to civil litigation. (Law on Civil Procedure)
🏛️ Drafting of the Civil Code
In addition to the LCP, Kosovo is in the process of drafting a comprehensive Civil Code to codify substantive civil law, including obligations, property, family, and inheritance law. The Ministry of Justice, in collaboration with EU-supported projects, has developed a draft Civil Code, which is currently undergoing public consultations. The aim is to harmonize Kosovo's civil law with EU standards and best practices. (Civil Code - Ministria e Drejtesise)
RELATED Blog
0 comments