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The Law Day 16 January was marked for the second time in Kosovo

The Law Day 16 January was marked for the second time in Kosovo

Prishtina, 15/01/2010

On this occasion Minister of Justice Nekibe Kelmendi said: "We are marking the Law Day, established a year ago, on 16 January 2009. Notice of this day does not match with the International Law Day, which has begun to mark since December 10, 1948, when the Universal Declaration of the United Nations for Human Rights was proclaimed, when in which in Article 1 of the Declaration states: "All people are born free, with dignity and equal rights”. 

International Law Day, 10th December, of course, regularly is marked in Kosovo as well, but since last year we mark the National Law Day too. 
Announcement of the Law Day on 16 January 2009 is of a local character, so it is designated as a day to be celebrated this date coincides with the day of the oath of judges and prosecutors for the first time after the war in Kosovo, so that celebration will be traditional. 

Justice (iusticia) implies the respect for fundamental rights and freedoms guaranteed by the Universal Declaration of the United Nations for Human Rights and many international conventions. These rights must be respect not only by the state institutions but also by individual to individual, because this is the only way to gain the culture for human rights and their respect by most of the population, and then since from the early school; inter human tolerance will be promoted, interethnic and interfaith, all aimed at building a healthy society, democratic that respects the rule of law.

Furthermore, the provision of justice, on the other hand, is one of the basic elements in the rule of law and ensuring its continuity and its base in law is a necessary condition for implementation of this principle in practice, as one of the most important principles of any state and democratic society. The consequent respect of the human rights and freedoms is enabled by providing Justice, as well as the very important element-the exercise of state power by state institutions in full compliance with the Constitution and law will be achieved.

The operation of the rule of law implies at the same time the independence and impartiality of judicial institutions, judiciary and prosecution, as important pillar of any state in fighting crime and other non-legal actions in general, prevention of the self judgment, guaranteeing social peace and a series of other rights.

How important is the provision of justice speaks the sentence that I detached from a decision rendered by the tribunal for war crimes in former Yugoslavia, where a judge, just by using the independence of the judge and the right reason to the case of taking a decision said quote: "Let justice happen, even if the world will turn up side down". 

In continuity I would like to mention some elements of the citizenship principle of the law such as: the Democratic Constitution, recognition and respect of the human rights and fundamental freedoms, separation of powers and the exercise of state power in accordance with the Constitution and law. 

In terms of functioning of the rule of law Kosovo so far has made very large and important steps, especially after its declaration of independence. Thus, the Assembly of Kosovo has adopted the Democratic Constitution, which contains all elements required for the fulfillment of the principle of rule of law, has adopted hundreds of laws and it is in the approval process is in many other laws that are in the parliamentary procedure, which are based on the Constitution and are in harmony with EU standards and the highest international standards, which apply in practice by state institutions and Kosovo society. 

As for the rights and fundamental freedoms, the Constitution and laws of the Republic of Kosovo they have included not only the rights that should have every democratic constitution, but moreover, has moved many steps forward, by recognizing the communities minority rights guaranteed not only by the international conventions but also the additional rights starting from their involvement in the parliament, to vote twice, known as "vote  Badinter, in certain cases by the Constitution and the law. This is known to all the international communities, as it is known that these rights are implemented in practice. But behold, despite the guarantee of these rights, may happen that any citizen of Kosovo does not want to use these rights. It remains to hope that this phenomenon will not last as long. 

Likewise, Kosovo has completed entirely another important element of the rule of rule of law. It is in relation with the full separation of powers: legislative, executive and judicial power. 

When it comes to judicial power, this power under the Constitution of the Republic of Kosovo is unique, independent, fair, apolitical, and impartial and ensures equal access in the courts for all citizens of Kosovo. Therefore, it is the duty of all institutions of Kosovo, the natural and legal persons of all its citizens to respect the independence of the judiciary. However, regarding the power and work of courts and prosecutors, there is much work to be done. First of all the corruption is the first to be fought, which unfortunately, is present in the bodies of justice. With the full combat and elimination of corruption, with non violation of the independence of the institutions of justice and the appointment of sufficient number of holders of judicial functions, not to delay the court proceedings and to work in returning back the confidence in the courts and prosecution . Then, as soon as possible should be the laws on judicial reform shall be adopted, which have been submitted for approval since March 17 2009 and to perform the appointment of holders of the functions of institutions of justice. 

Surely that this has been done so far for the justice and the rule of law in Kosovo and this is not enough and much remains to be desired also for the fact that the state of Kosovo is new, and it is in the construction and aims the membership in Euro-Atlantic structures and other relevant international organizations. 

For the justice there is much to say and written, but I concluded my speech with opinion of mine that can not be called democratic the country which is not able to provide to its citizens rights and fundamental freedoms and if it does not respect the principle of rule of law state. 

At the end of my speech I want to warmly thank those in various forms are helping the justice in Kosovo and helped to organize the record of Justice, among them: ABA / ROL, USAID, UNDP in, EULEX, Kosovo Judicial Council, Kosovo Chamber of Advocates, the Association of Judges and Prosecutors Association of Kosovo, the Commission for Legal Aid, Dean of the Law Faculty in Pristina, RTK many other subjects. 

This ceremony was also attended by Christopher Dell, U.S. ambassador in Pristina, Hajredin Kuci, deputy prime minister of Kosovo, Freedom Osmani, head of the Kosovo Judicial Council, Gina Schaar, director of ABA ROLE-t, Rabatel Bernard, vice chair of the Justice Component EULEX, Enver Hasani, president of the Constitutional Court of Kosovo, as well as representatives from all other institutions of justice

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