Juridical Tribune (Oct 2018)

The right to appeal on contested procedure under the Republic of Kosovo legislation

  • Rrustem Qehaja,
  • Arbnor Ajeti

Journal volume & issue
Vol. 8, no. Special
pp. 148 – 164

Abstract

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The right to appeal as one of the fundamental human rights is foreseen by international legal acts and domestic legislation. In this scientific paper we have handled the right to appeal under article 6 (1) of the European Convention on Human Rights and Kosovo legislation, with special emphasis on contested procedure by including the appeal against judgment and the appeal against ruling, the grounds of appeal against judgment and limitation of appeal grounds against several judgments. All those abovementioned matters are the main object of review in this scientific paper. Handling the right to appeal against the first instance court judgment is important also due to the fact that in Kosovo according to the new Law on Courts as a competent court to review and decide on appeal submitted by the appellant is the Court of Appeals as a second instance court. In this scientific paper we have used normative, deductive, descriptive methods. At the end of this scientific paper there are conclusions in relation of the right to appeal with special emphasis on contested procedure.

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