Abstract The purpose of this article is to conduct a comparative analysis of remote work regulation in the EU, Poland and Kosovo, also with consideration of issues related to the processing of personal data during remote work. The authors aim to assess the specificities, strengths and weaknesses of both regulatory models, from the point of view of actual and future legal developments. Additionally, given the early stage of regulation, they seek to explore the applicability of EU experiences to Kosovo and to identify potential vulnerabilities that may arise under EU regulation. In this context, they aim to determine whether EU solutions should be considered as models for implementation in both Poland and Kosovo, as well as to analyse the risk of overregulation, which could impede certain employees from exercising their rights to remote work and potentially lead to inequalities in employment. The objective of the regulation should be to strike a balance between protecting personal data and ensuring equality in the workplace. Therefore, the authors try to answer the question of whether the protection of personal data could be subject to an abuse of rights by employers, who might use it as a pretext to deny certain groups of employees the opportunity to work remotely, which is particularly pertinent for individuals with special needs.
The primary aim of the paper is to explore whether the public consultation system in Kosovo enables respective stakeholders to contribute and protect their interests during the process of drafting government policies and legislation. Based on the analysis of Kosovo’s legal framework in place, and findings from the empirical research with CSOs, we can conclude that Kosovo has undertaken substantial legislative steps and introduced new tools and guidelines to improve the public consultation system at the central and municipal level of government. Therefore, from the legal point of view, minimum standards for the consultation process are established under Kosovo’s legal framework. Considering the role of civil society organisations and their influence on policymaking in Kosovo, particular attention has been paid to the CSOs’ perception of this issue. The analysis of a sample of documents and CSOs’ responses reveals concerns on whether stakeholders are enabled to contribute to the drafting of policies and legislation. A major issue of concern with regard to the effectiveness of the current consultation system in Kosovo is the low response rate from stakeholders as compared to the number of documents open to consultation. The study demonstrates a lack of clarity about how institutions select, invite and involve stakeholders, whether they select the appropriate stakeholders to participate in the drafting and consultation process, and whether sufficient information and feedback is provided to them about the individual consultations.
The representation of citizens' interests and preferenc-es in government policies and legislation is a key goal of democratic governance. Interactive public consultation as a form of citizen engagement has become a part of the worldwide best practices in governance. Kosovo's public administration has followed these development trends. Substantial regulatory measures on establishing minimum standards on public consultation, in line with the best EU standards and practices, have been undertaken by the Kosovo Government since 2016. Despite this progress, challenges remain regarding the proper implementation of minimum standards in practice. The study aims to an-swer the question of the extent to which the legal frame-work on public consultations in Kosovo is implemented, the extent to which the system is functional, and whether further improvements are needed. The analysis, findings, and conclusions which are based on empirical research, the survey with civil society organisations for the purpose of this study, and the authors' first-hand experience in build-ing the public consultation system in Kosovo, are used to answer these questions.
Currently, there is no special law for the protection of publicity rights in Kosovo, and a limited protection can be only afforded through different forms of intellectual property rights, i.e., trademark and copyright, as well as under the privacy protection and anti-defamation legislation, as well as property law regime. While the right to privacy and anti-defamation laws represent means to protect the human dignity, they are nevertheless not sufficient to justify an application of the right of privacy when the motives are to protect the commercial value of the persona. Hence the current paper aims at analysing the current regulation of publicity rights in Kosovo, as well as the scope of protection through a comparative analysis of the publicity rights legislation in different jurisdictions. The paper will also discuss the main policies and legal theories behind the right of publicity, explore different approaches expressed in the legal doctrine, and propose specific actions for Kosovo legislators in this regard.
Kosovo legal framework related to property and other real rights has been developed in the recent years. The post 1999 period is characterized with major changes in legislation. The influence of German Civil Code and other European legal systems is evident. This influence is justified due to major external support in the process of drafting Kosovo legislation. The focus of this paper is given to the acquisition of ownership by prescription as original form of acquisition of ownership, including a comparative perspective and applicability in practice. Acquisition of ownership by prescription in immovable is quite common in the practice of Kosovo legal system, due to large number of nonformal property transactions in the past. The existence and applicability of this title is argued in the light of ensuring legal certainty. The approach used in this study is based on observations as well as review of legal theory and practice. Ownership and property rights are very complex and challenging issues that affect the welfare of the country. This paper contributes to legal theory and its findings address some key issues with regard to acquisition of ownership by prescription. The comparative aspect will contribute to a better understanding and proper interpretation of legal framework.
The issues related to property rights and their protections are deeply complex ones that affect the life of all citizens of Republic of Kosovo. Even though, improvements on the functioning of judicial system in Kosovo are evident in recent years, continuous challenges regarding judicial affectivity and efficiency as well as independence, continue to impact negatively upon the rule of law and access to justice in Kosovo. Therefore this has direct impact on implementation of some of basic international human rights standards in the field of property rights. Furthermore, these challenges in the field of property rights and rule of law have direct impact on the foreign investments and economic development of the country. This paper will try to address some of main challenges that Kosovo judicial system is facing, in particular related to protection of property rights as well as challenges on functioning of civil judicial system in Kosovo. These challenges have other effects on investments and welfare of society, creating barriers for a proper economic development of the country and therefore producing uncertainty among population and creating the idea of migration in order to seek new opportunities.
The monograph focuses on the role of Educational System of Kosovo in Prevention of Juvenile Delinquency. Legal and practical aspects of this topic are very well treated.
The research treats the Kosovo Juridicial System and Human Rights on the Process of European Integration.
This Monograph was published as Human Rights Monograph by the University of Prishtina Human Rights Centre and Finnish Human Rights Support Programme Kosovo. It deals with the issue of nondiscrimination in the context of Kosovo and treates the legal and social aspect of the issue. It is published in three languages Albanian, English and Serbian. There is treated the right of nondiscrimination in different fields related to Kosovo.
The monograph is published by Human Rights Centre of the University of Prishtina - Kosovo and Finnish Human Rights Support Programme Kosovo. The monograph deals with the problem of missing persons in Kosovo: the legal, social and human rights aspects. at the same time it focuses to the international law, international humanitarian law and the role of international and domestic institutions to clarify the fate of missing persons in Kosovo.