Sundimi i Ligjit

19RULE OF LAWcapacities and functioningof institutionsEurope, an integration which is currentlyimpossible for Kosovo due to the attitudeagainst the independence of some memberstates of the Council of Europe which have greatinfluence on policy-making of this Europeanorganization (some of these countries areRussia, Serbia, Romania, Slovakia, Cyprus,Greece, Spain etc.).Due to a lack of such cooperation with variouscountries, the Republic of Kosovo is unable toestablish bilateral relations in the rule of law,particularly in international legal cooperationand extradition. In these relations, internationalinstitutions present in our country should beincluded to facilitate cooperation. We mustadmit the fact that international legalcooperation with a number of states cannot beimagined without international assistance dueto political relations. Such cases may be thecooperation with the Republic of Serbia, Bosniaand Herzegovina and similar. Cooperation withthese countries is very important because theprocesses of joint EU integration of all ourregion, due to the movement of citizens (inparticular Diaspora moving to places wherethey work through the territory of Serbia andB&H), and because of priorities of “common”fighting of crime, human trafficking, corruptionand other forms of violation of law.Noting that Kosovo has a very developeddiaspora and potential numbers of prosecutedpersons either outside or within the territory ofKosovo where the subject may also be nonKosovar citizens, the consequences arecomprehensive from financial, institutionaldelays in the readiness to integrate intointernational institutions and mechanisms forthe rule of law.Speaking of lack of international legalcooperation, an issue of concern that needs to beaddressed is the request for international arrestwarrants made during and after the 1998-1999war in the Republic of Serbia against Kosovo'scitizens. We are witnesses of unusual cases ofarrest and detention of public personalitieswhenever they are in an area whereinternational institutions have access to theprosecution and the authority to stop wantedpersons.The undeniable fact remains that in the absenceof establishing diplomatic relations withcountries that have not recognized Kosovo, theinternational institutions represented in Kosovohave the main role (in particular the mission ofthe European Union Rule of Law Mission inKosovo-EULEX). Such case is the relation withthe Republic of Serbia, with which the Republicof Kosovo has not established diplomaticrelations or legal cooperation. Consequently,this "collaboration" can be facilitated onlythrough the "assistance" provided by themission of the EU Rule of Law Mission inKosovo, EULEX.However, it is worth mentioning as it wasemphasized in the content of the research, thatthe last period, there is an increase ofaccountability in this area in particular at thepolitical level under the direction of the Ministryby Mr. Demolli (which cannot be said for theperiod of direction of the Ministry of Justice byMs. Kelmendi). However, the vacuum createdby the recent political fluctuations, represents amajor obstacle in achieving the objectives ofi n t e r n a t i o n a l a g r e e m e n t s a n d t h e i rimplementation in practice.