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Tuesday, 10.02.2015.

09:28

Agreement on judiciary reached in Brussels

Serbian Prime Minister Aleksandar Vucic and Kosovo Prime Minister Isa Mustafa last night in Brussels signed an agreement on the judiciary.

Izvor: B92

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4 Komentari

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Balkan Anthropologist

pre 9 godina

I disagree with you on the point the interpretation of the law is left to a judge but what law? Second there is a court of appeals that will go to Pristina. I think its a fair deal Serbs get 11 judges and 9 prosecutors in area that has 200,000 ppl.
(Morning Shake, 10 February 2015 17:50)

Ah yes, "what law?" The details are always left out of these agreements, aren't they? If I'm not mistaken, I think North Mitrovica gets an Appeals Court too which would serve as the go-to institution for Serbs. But even if that isn't the case, the court of appeals would only be heard in the event a Serb judge made a ruling against an Albanian defendant who is now looking for a friendly overturn.

But yes beyond the semantics, this is a win-win for both sides, as can be seen with the immediate reaction by Albin Kurti and his band of disgruntled nationalists condemning the agreement.

Morning Shake

pre 9 godina

Don't expect any of the Serb judges in the north to suddenly interpret law any differently than what they've been doing prior and don't expect any "parallel" institutions to be dismantled since they were just given a new title but will largely remain free to make their own decisions. There's nothing shocking nor surprising that came out of this agreement.
(Balkan Anthropologist, 10 February 2015 16:04)

I disagree with you on the point the interpretation of the law is left to a judge but what law? Second there is a court of appeals that will go to Pristina. I think its a fair deal Serbs get 11 judges and 9 prosecutors in area that has 200,000 ppl.

Immportance is the law, when you negotiate a case for contract based on English law you can go to Arbitration of LCIA in Singappor but with English law interpretation.

I hope more solutions as this come and people move on to real issue in Balkans Jobs, working together to move forward is much more beneficial!

Balkan Anthropologist

pre 9 godina

So I guess Serbia recognized the republic of Kosovo bar? Seems like that's the story.
(Kiosks I, 10 February 2015 10:17)

Yeah I wouldn't put too much stock in that story. The agreement reached last night follows a similar pattern of negotiation: Pristina recognizes the ethno-political composition "on the ground" in return for Belgrade changing the official title of that composition to something the EU can agree is progressive enough to encourage Pristina to accept. So whatever courts existed and ran in northern Kosovo before are going to largely continue unchanged except with the very tacit understanding that they now work within a large and loose framework of Kosovo jurisprudence. Don't expect any of the Serb judges in the north to suddenly interpret law any differently than what they've been doing prior and don't expect any "parallel" institutions to be dismantled since they were just given a new title but will largely remain free to make their own decisions. There's nothing shocking nor surprising that came out of this agreement.

Kiosks I

pre 9 godina

To work in the Kosovo legal system people need to pass the republic of Kosovo bar exam and i can't tell from any information when Serbs will have to take the republic of Kosovo bar exam to be judge or be a prosecutor. So I guess Serbia recognized the republic of Kosovo bar? Seems like that's the story.

Kiosks I

pre 9 godina

To work in the Kosovo legal system people need to pass the republic of Kosovo bar exam and i can't tell from any information when Serbs will have to take the republic of Kosovo bar exam to be judge or be a prosecutor. So I guess Serbia recognized the republic of Kosovo bar? Seems like that's the story.

Balkan Anthropologist

pre 9 godina

So I guess Serbia recognized the republic of Kosovo bar? Seems like that's the story.
(Kiosks I, 10 February 2015 10:17)

Yeah I wouldn't put too much stock in that story. The agreement reached last night follows a similar pattern of negotiation: Pristina recognizes the ethno-political composition "on the ground" in return for Belgrade changing the official title of that composition to something the EU can agree is progressive enough to encourage Pristina to accept. So whatever courts existed and ran in northern Kosovo before are going to largely continue unchanged except with the very tacit understanding that they now work within a large and loose framework of Kosovo jurisprudence. Don't expect any of the Serb judges in the north to suddenly interpret law any differently than what they've been doing prior and don't expect any "parallel" institutions to be dismantled since they were just given a new title but will largely remain free to make their own decisions. There's nothing shocking nor surprising that came out of this agreement.

Balkan Anthropologist

pre 9 godina

I disagree with you on the point the interpretation of the law is left to a judge but what law? Second there is a court of appeals that will go to Pristina. I think its a fair deal Serbs get 11 judges and 9 prosecutors in area that has 200,000 ppl.
(Morning Shake, 10 February 2015 17:50)

Ah yes, "what law?" The details are always left out of these agreements, aren't they? If I'm not mistaken, I think North Mitrovica gets an Appeals Court too which would serve as the go-to institution for Serbs. But even if that isn't the case, the court of appeals would only be heard in the event a Serb judge made a ruling against an Albanian defendant who is now looking for a friendly overturn.

But yes beyond the semantics, this is a win-win for both sides, as can be seen with the immediate reaction by Albin Kurti and his band of disgruntled nationalists condemning the agreement.

Morning Shake

pre 9 godina

Don't expect any of the Serb judges in the north to suddenly interpret law any differently than what they've been doing prior and don't expect any "parallel" institutions to be dismantled since they were just given a new title but will largely remain free to make their own decisions. There's nothing shocking nor surprising that came out of this agreement.
(Balkan Anthropologist, 10 February 2015 16:04)

I disagree with you on the point the interpretation of the law is left to a judge but what law? Second there is a court of appeals that will go to Pristina. I think its a fair deal Serbs get 11 judges and 9 prosecutors in area that has 200,000 ppl.

Immportance is the law, when you negotiate a case for contract based on English law you can go to Arbitration of LCIA in Singappor but with English law interpretation.

I hope more solutions as this come and people move on to real issue in Balkans Jobs, working together to move forward is much more beneficial!

Kiosks I

pre 9 godina

To work in the Kosovo legal system people need to pass the republic of Kosovo bar exam and i can't tell from any information when Serbs will have to take the republic of Kosovo bar exam to be judge or be a prosecutor. So I guess Serbia recognized the republic of Kosovo bar? Seems like that's the story.

Balkan Anthropologist

pre 9 godina

So I guess Serbia recognized the republic of Kosovo bar? Seems like that's the story.
(Kiosks I, 10 February 2015 10:17)

Yeah I wouldn't put too much stock in that story. The agreement reached last night follows a similar pattern of negotiation: Pristina recognizes the ethno-political composition "on the ground" in return for Belgrade changing the official title of that composition to something the EU can agree is progressive enough to encourage Pristina to accept. So whatever courts existed and ran in northern Kosovo before are going to largely continue unchanged except with the very tacit understanding that they now work within a large and loose framework of Kosovo jurisprudence. Don't expect any of the Serb judges in the north to suddenly interpret law any differently than what they've been doing prior and don't expect any "parallel" institutions to be dismantled since they were just given a new title but will largely remain free to make their own decisions. There's nothing shocking nor surprising that came out of this agreement.

Balkan Anthropologist

pre 9 godina

I disagree with you on the point the interpretation of the law is left to a judge but what law? Second there is a court of appeals that will go to Pristina. I think its a fair deal Serbs get 11 judges and 9 prosecutors in area that has 200,000 ppl.
(Morning Shake, 10 February 2015 17:50)

Ah yes, "what law?" The details are always left out of these agreements, aren't they? If I'm not mistaken, I think North Mitrovica gets an Appeals Court too which would serve as the go-to institution for Serbs. But even if that isn't the case, the court of appeals would only be heard in the event a Serb judge made a ruling against an Albanian defendant who is now looking for a friendly overturn.

But yes beyond the semantics, this is a win-win for both sides, as can be seen with the immediate reaction by Albin Kurti and his band of disgruntled nationalists condemning the agreement.

Morning Shake

pre 9 godina

Don't expect any of the Serb judges in the north to suddenly interpret law any differently than what they've been doing prior and don't expect any "parallel" institutions to be dismantled since they were just given a new title but will largely remain free to make their own decisions. There's nothing shocking nor surprising that came out of this agreement.
(Balkan Anthropologist, 10 February 2015 16:04)

I disagree with you on the point the interpretation of the law is left to a judge but what law? Second there is a court of appeals that will go to Pristina. I think its a fair deal Serbs get 11 judges and 9 prosecutors in area that has 200,000 ppl.

Immportance is the law, when you negotiate a case for contract based on English law you can go to Arbitration of LCIA in Singappor but with English law interpretation.

I hope more solutions as this come and people move on to real issue in Balkans Jobs, working together to move forward is much more beneficial!