Harmonizing Kosovo’s civil law with EU standards: Challenges and strategies for integration

Valbona Zeqiraj, Safete Hadergjonaj*

Harmonizing Kosovo’s civil law with EU standards: Challenges and strategies for integration**

DOI: 10.26350/18277942_000202

Summary: 1. Introduction, 2. Materials and Methods, 3. Results, 4. Discussion, 5. Conclusions.

1. Introduction

The European Union (EU) considers Kosovo as a potential new member, but foremost demands that its legal system complies with EU standards. Kosovo faces inconsistencies in laws and terminology, hindering their application and potentially leading to violations of citizens’ rights. Serious reforms are necessary, including standardizing legislation, reviewing, and improving it, as well as enhancing the qualification of lawyers. Only then can a stable and accessible legal environment be established, which is a key step towards Kosovo’s potential accession to the EU.[1] The essence of the problem lies in identifying and resolving differences between Kosovo’s legislation and EU standards in the field of civil law. The effectiveness of applying civil legislation in the context of European integration requires studying its practical application and ensuring compliance. It is also important to consider the influence of political and cultural factors on legislative harmonization. Analysing these aspects will help understand the challenges and opportunities of harmonizing Kosovo’s national legislation with European standards in the field of civil law and finding paths to achieve this harmonization.

A. Gashi analyses changes in Kosovo’s legal system, focusing on the process of codifying private law and highlighting its importance within significant European concepts and codification practices.[2] The author also points out the difficulties associated with formulating a civil code that would correspond to the principles of “public law”. The researcher believes that integrating the past and adapting it to the modern, namely to the context, requires significant efforts and may have substantial legal consequences. H. Kuçi and K. Vlahna analyse the strengthening of democracy through ensuring the rule of law in post-communist and post-war societies, including Kosovo, and the role of this process in the context of EU membership aspirations.[3] The authors highlight the process of Europeanization of Kosovo’s legal system and the influence of European institutions and missions, despite Kosovo’s lack of official recognition. They examine Kosovo’s cooperation with unrecognized EU member states and Kosovo’s institutional efforts to strengthen democracy. The researchers also analyse the EU’s influence on the rule of law in Kosovo, overcoming obstacles in this process, and prospects for EU-Kosovo cooperation.

A. Robaj analyses the area of individual labour rights in the context of Kosovo’s integration into Europe.[4] The author examines labour legislation compliant with European Union norms and notes Kosovo’s aspiration to meet international standards and join international organizations. However, the study shows widespread and systematic violations of labour rights in Kosovo’s public and private sectors. A. Robaj’s work is crucial because it critically assesses Kosovo’s integration into Europe by evaluating the compliance and systematic violations of labour rights, highlighting the need for substantial reforms to align with international standards and safeguard individual labour rights in the region. Despite legislative measures and compliance with International Labour Organization standards, these violations persist. S. Haxhiu and A.H. Alidemaj analyse aspects of public administration related to aligning the rights and responsibilities of civil servants with EU norms.[5] The authors note that civil servants must act responsibly as custodians of state property, and their powers should not be used for personal gain or unlawful actions. These requirements aim to ensure compliance with legislation and official guiding principles to maintain the rule of law and efficient management of state resources during the country’s integration into European structures.

D. Tare focuses on Kosovo’s integration into Europe.[6] The author analyses key aspects of this process, including the 2015 Stabilization and Association Agreement between Kosovo and the EU. The study identifies some problems such as corruption, organized crime, and economic inequality, and suggests key steps to promote the integration process, including reforms, democratic governance, and economic development. The author claims that successful progress in European integration will help Kosovo strengthen the rule of law, democracy, and human rights, as well as improve regional cooperation and reconciliation. Some issues not addressed in previous studies include inadequate assessment of Kosovo’s national legislation compliance with EU legal standards and requirements of civil legislation, as well as incomplete examination of specific aspects of civil law most sensitive to harmonization with European standards.

The aim of this study is to analyse the current status and the key challenges associated with harmonising Kosovo’s civil law with European standards in the context of its EU integration process. In order to achieve this, the study will identify specific legislative discrepancies, assess their impact on the rule of law and propose strategic directions for effective legal reforms. By examining these aspects, the study will enhance understanding of the necessary measures to align Kosovo’s legal framework with EU norms, facilitating its integration and promoting the protection of civil rights.

2. Materials and Methods

In the exploration of the subject, diverse sources and materials were utilized to gather information and data, such as: regulatory acts governing the sphere of civil law in Kosovo, namely: Law of the Republic of Kosovo No. 04/L-077 “On Obligational Relationships”,[7] Law of the Republic of Kosovo No. 03/L-154 “On Property and Other Real Rights”,[8] Family Law of Kosovo,[9] Law on Inheritance in Kosovo,[10] Civil Code of the Republic of Kosovo,[11] as well as data from the World Justice Project (WJP) report.[12] The study also utilized statistics from the Rule of Law Index of the World’s Countries (n.d.).[13] The index serves as a tool to assess the level of rule of law in various countries worldwide. The researchers analysed of laws in the field of civil law allowed for an objective assessment of legal systems, identification of problematic areas, comparison of regulatory acts with international standards, and development of recommendations for improving legal practices and legislation in accordance with global community requirements.

By employing an analytical method, the legal status of civil law in the Republic of Kosovo and other countries was studied, gathering statistical information on the rule of law, Kosovo’s position therein, and the reasons for this position. Norms and Kosovo’s preparedness for changes in the context of European integration were also analysed, allowing for the identification of key adaptation factors and differences between Kosovo’s civil law and other European countries, emphasizing the problems and challenges on the path to European integration. Through the synthesis of various sources of information, including national legislation, European Union acts, judicial practice, and scientific publications, a unified understanding of the alignment of national legislation in the field of civil law with European standards was obtained, allowing for the identification of trends, issues, and development of recommendations to improve this process.

The application of the comparison method allowed for identifying similarities and differences between Kosovo’s national legislation and the regulatory acts of the European Union in the field of civil law, as well as assessing the degree of their compliance, identifying areas requiring harmonization, and successful practices for adaptation to EU requirements. The application of the historical method allowed for the study of the evolution of Kosovo’s national legislation in civil law, assessing changes in legal norms and institutions in the process of integration into the European Union, as well as understanding the context and reasons for the emergence of norms to determine directions for further harmonization with European standards. The application of the hermeneutic method in Kosovo’s civil law allowed for a deeper understanding of the meaning of legislation, identifying its advantages and disadvantages, as well as determining directions for further development, considering the context of creating legal documents and historical circumstances, which is important for integration into the European Union.

3. Results

3.1. Kosovo’s journey to independence and its ongoing quest for international recognition and European integration

The path of Kosovo to its independence is marked by a complex and contentious history involving ethnic tensions, international intervention, and geopolitical dynamics. Kosovo, located in the Balkans, was historically part of Yugoslavia, and after its breakup, it became a province within Serbia. The region’s majority ethnic Albanian population sought independence, leading to escalating tensions and violence, notably the Kosovo War (1998-1999). On February 17, 2008, Kosovo declared its independence from Serbia, a move that was supported by the majority of the international community. The declaration was based on the premise that the ethnic Albanians had the right to self-determination in light of their historical oppression.[14] This situation created a legal dilemma, balancing the principles of territorial integrity against the right to self-determination, which has led to Kosovo being recognized as an independent state by over 100 UN member states, including the United States and most EU nations.

Despite this recognition, Kosovo’s sovereignty is not universally accepted. Countries such as Russia and China, along with several others, refuse to recognize Kosovo’s independence, citing concerns over international law and the precedent it sets for other separatist movements. Serbia continues to assert its claim over Kosovo, which complicates Kosovo’s aspirations for full international recognition, including membership in the United Nations. The lack of unanimous recognition has significant implications for Kosovo’s legal and political systems. Without full recognition, Kosovo faces challenges in establishing a robust legal framework that aligns with international standards, limiting its ability to engage fully in international treaties and organizations. The establishment of Kosovo’s legal system has been influenced heavily by the Ahtisaari Plan, which proposed a framework for governance that included significant protections for minority rights, particularly for the Serbian community in Kosovo.[15] This plan was accepted by Kosovo’s leadership but rejected by Serbia, leading to a legal environment that is somewhat constrained by the need to accommodate various ethnic groups while striving for a cohesive national identity.

The process of European integration for Kosovo continues to be hindered by a number of persistent challenges. The most significant obstacle to Kosovo’s integration into the European Union (EU) remains the unresolved dispute with Serbia over Kosovo’s status. Currently, Cyprus, Greece, Romania, Slovakia, Spain do not recognize Kosovo’s independence.[16] This lack of full international recognition complicates Kosovo’s path towards EU membership. The EU has been actively involved in mediating negotiations between Kosovo and Serbia since 2011, aiming to normalize relations and resolve disputes.[17] This engagement has included significant financial assistance, technical expertise, and political support to Kosovo, which has facilitated progress in political and economic reforms. Despite these efforts, the non-recognition by five EU member states poses a considerable challenge. The EU’s approach has been to maintain a neutral position on Kosovo’s status while encouraging reforms in areas such as the rule of law and governance. The EU’s conditionality has also impacted Kosovo’s domestic politics, particularly regarding corruption and institutional development.[18]

Additionally, Kosovo faces challenges related to corruption, organized crime, and weak rule of law, which are areas of concern for the EU. The country also faces economic challenges, including high unemployment and a need for further infrastructure development. There are a number of reasons why European integration is of crucial importance for Kosovo. Primarily, it provides a route towards enhanced economic prosperity and stability. Membership of the EU would provide access to the single market, which could result in an increase in trade and investment. Additionally, it would facilitate opportunities for Kosovar citizens, such as simplified travel and employment prospects within the EU. Moreover, the integration process itself encourages political and economic reforms, which could serve to reinforce Kosovo’s democratic institutions and enhance governance.[19] From a security standpoint, enhanced relations with the EU could contribute to regional stability and mitigate tensions with neighboring countries, particularly Serbia. In conclusion, EU membership would consolidate Kosovo’s status on the global stage, providing a sense of belonging and recognition that the country has historically sought.

Successful advancement forward necessitates continued implementation of necessary reforms and maintaining ties with international partners, especially with the European Union. Various documents from local and international organizations highlight the instability of the rule of law in Kosovo.[20] According to the statistics of the Rule of Law Index, Kosovo ranks 57th out of 140 countries (Table 1).

Table 1. 2022 Rule of Law Index by Country

Source: compiled by the authors based on Kosovo Ranks 57 out of 140 in Rule of Law Index.[21]

The overall regional rating is 2 out of 14, with the highest score in the WJP Rule of Law Index. This is attributed to various interpretations of laws by courts or a lack of specific methods for their implementation. These difficulties stem from the ambiguity of laws and a lack of understanding of their interpretation and application. Such a situation is exacerbated by the variability of legislation and the level of judges’ awareness, as well as by general problems in the functioning of courts. After the conflict, the idea of harmonizing civil law through a formal codification process was considered as a method to address these issues, which could improve the clarity of the legal system and regulate legal issues related to Kosovo’s borders and the former Socialist Federal Republic of Yugoslavia, thereby eliminating any inconsistencies. As a result, special laws on civil matters were developed.[22]

3.2. Progress and challenges in Kosovo’s legislative harmonization with EU standards

Kosovo’s progress in harmonizing legislation with EU standards is notable, especially when compared to other Western Balkan countries aspiring to EU membership. As of 2024, Kosovo has harmonized approximately 55% of its legislation with the EU acquis, which is commendable given its relatively recent independence in 2008 and unique political challenges. Compared to its neighbours, Kosovo’s harmonization efforts place it ahead of Bosnia and Herzegovina (around 50% harmonization) but behind frontrunners Montenegro and Serbia (both over 70%).[23] Kosovo’s progress is roughly on par with Albania and North Macedonia in many areas. In the crucial area of rule of law, Kosovo faces similar challenges to its neighbours but has shown commitment to reform. The establishment of the Kosovo Specialist Chambers in 2015 demonstrates efforts to address war crimes allegations. However, like other countries in the region, Kosovo still struggles with corruption and organized crime.[24] Transparency International’s Corruption Perception Index for 2023 ranked Kosovo 87th out of 180 countries, similar to North Macedonia (85th) but behind Montenegro (67th). Economically, Kosovo has made progress in aligning its legislation with EU standards, particularly in competition law and state aid. However, its GDP per capita of approximately EUR 4,000 in 2023 remains one of the lowest in the region, compared to Montenegro’s EUR 8,900 and Serbia’s EUR 7,700. In environmental policy, Kosovo has harmonized about 60% of its legislation with EU standards, comparable to Albania’s 65% but behind Serbia’s 75%.[25] One area where Kosovo notably lags behind its neighbours is visa liberalization. While all other Western Balkan countries have achieved visa-free travel to the Schengen area, Kosovo remains the only country in the region still working towards this goal.

Civil law plays a significant role in the legal systems of many countries, including Kosovo, defining relationships between individuals in private circumstances and establishing their rights, obligations, and responsibilities. It typically covers a wide range of topics, such as property law, contract law, tort law, family law, and inheritance law.[26] Compiling civil laws is seen as an initial step in improving and standardizing Kosovo’s legislation, as well as strengthening the principles of the rule of law (Table 2).

Table 2. Kosovo’s ranking on the WJP Rule of Law Index

Source: compiled by the authors based on Rule of Law Index of the World’s Countries (n.d.).[27]

The current legislative acts, such as the Law of the Republic of Kosovo No. 04/L-077[28] and the Law of the Republic of Kosovo No. 03/L-154,[29] along with individual laws like Family Law of Kosovo[30] and Law on Inheritance in Kosovo.[31] Later, they were integrated into the project of the Civil Code of the Republic of Kosovo.[32] However, difficulties arose in developing common provisions for the Civil Code. The codification of Kosovo’s civil legislation presents a complex task, especially in light of the need to choose a model that corresponds to the characteristics of Kosovo’s legal system. Other challenges arise from the pressure of various societal groups insisting on the inclusion of protection of their interests in future legislation, as well as from the changing social environment requiring new norms. Additionally, Kosovo is obliged to harmonize its legislation with EU law and comply with international treaties and advanced legal practices. The case law of the European Court of Human Rights (ECHR) also applies in Kosovo, implying the need for the new legislation to adhere to its standards. All these conditions necessitate the consolidation of Kosovo’s civil legislation to establish a more reliable legal foundation and strengthen the rule of law principle.

The complexity of the legislation creates difficulties in understanding the rights and obligations of both legal and physical persons. This also leads to uncertainty and inconsistency in decision-making, which negatively affects the guarantee of the right to a fair trial and access to justice. The role of law in society lies in regulating social relations and resolving conflicts. Existing special legislative acts are influenced by the legislation of other countries of the former Socialist Federal Republic of Yugoslavia (e.g., Croatia, Slovenia, and North Macedonia), as well as legal concepts of other European states. Thus, Kosovo’s legal system is a synthesis of laws and legal concepts. For example, the Law of the Republic of Kosovo No. 04/L-077[33] was influenced by Slovenian legislation as it included the basic principles of the former Civil Code of the Socialist Federal Republic of Yugoslavia,[34] except for the concept of socialism. Law of the Republic of Kosovo No. 03/L-154[35] also retained some norms based on the Civil Code of the Socialist Federal Republic of Yugoslavia, but also included terminology and concepts from Croatian property law. Furthermore, with the participation of German experts involved in its development, the law heavily relies on the German Civil Code BGB[36] and applies many of its provisions and terms.

A similar merging of legal concepts can be observed in the existing Laws on Family Relations and Laws on Inheritance, which are based on previous Family Law of Kosovo[37] and Law on Inheritance in Kosovo,[38] respectively. These laws introduced new legal concepts and terminology, including engagement systems, joint property systems, parental rights, and adoption. While family legislation in other countries of the region has its foundations in the legislation of the former Socialist Federal Republic of Yugoslavia, it does not include participation systems.[39] Additionally, there are differences in other aspects such as marriage, cohabitation, adoption, inheritance, and so on. These already existing laws combine legal concepts from various civil law systems, emphasizing the importance of harmonization and codification of civil law.[40] Moreover, case law shows many differences in the interpretation and application of these laws.

Having a closer look at the marital system, it is worth noting that the Family Law of Kosovo defines marriage as a formal legal union of two individuals of the opposite sex with the purpose of living together and creating a family. This includes several characteristics such as the presence of two individuals of the opposite sex, the desire of both parties to live together, and the intention to establish family relations. Additionally, the Family Law of Kosovo establishes other requirements for marriage, including reaching the legal age for marriage as prescribed by law, the free consent of the future spouse (Part 2, Article 9), as well as the absence of prohibitions and restrictions on entering into marriage (Part 2, Article 14, para. 2). The age of majority is set at 18 and 16 years respectively, and marriage can only take place with the consent of the court (Part 2, Article 15, para. 2, Article 16, para. 2). Furthermore, Kosovo legislation guarantees equal treatment between spouses in all aspects without discrimination during marriage and after divorce. Both spouses have equal rights and responsibilities in matters of child-rearing (Part 3, Article 59, para. 3). It should be noted that the Civil Code of the Republic of Kosovo[41] strictly regulates the classical form of marriage between a man and a woman but does not recognize same-sex marriages (Part 2, Article 9).

Kosovo has made notable progress in safeguarding the rights of the LGBT community, particularly through the establishment of a robust legal framework. The Constitution of Kosovo explicitly prohibits discrimination based on sexual orientation, rendering it one of the few countries in Europe to include such a provision in its constitutional framework. This constitutional protection is complemented by the Anti-Discrimination Law,[42] which was amended in 2015 to include gender identity as a protected class. Moreover, the Criminal Code, which came into effect in 2019, introduced supplementary penalties for hate crimes perpetrated against individuals on the grounds of their sexual orientation or gender identity. Notwithstanding these legal advancements, the practical enforcement of LGBT rights continues to present challenges. A considerable number of members of the LGBT community in Kosovo are subjected to significant societal stigma and fear retaliation, which results in the underreporting of discrimination and abuse. Surveys indicate that a substantial number of state prosecutors do not acknowledge the existence of LGBT individuals in their districts, and some even express the belief that their rights should not be protected.[43] While Kosovo’s legal framework offers a solid foundation for the protection of LGBT rights, the actual implementation and societal attitudes pose significant challenges. The ongoing efforts by local organisations and some governmental support indicate a gradual shift towards greater acceptance, yet much work remains to be done to ensure the safety and rights of LGBT individuals in Kosovo.

World Bank’s Women, Business and the Law 2024 Report measures gender equality in the law.[44] Kosovo scores a perfect 100 out of 100 on six of the eight indicators, including mobility, workplace, pay, entrepreneurship, assets, and pension, indicating that the country’s laws do not discriminate between women and men in these areas. On the parenthood indicator, Kosovo scores 80 out of 100, suggesting the law provides some protections for working women during pregnancy and early motherhood. The country scores 75 out of 100 on the marriage indicator, revealing that some aspects of marriage laws still treat women and men differently, such as in the ability to convey citizenship to their children. Overall, the document shows that Kosovo has made significant progress in aligning its laws and regulations with the principle of gender equality, with high scores across most of the indicators examined, though some areas, such as certain aspects of marriage laws, still exhibit differences in the treatment of women and men.

Another significant aspect of civil law is the regulation of property rights, which is also to be mentioned. The process of harmonizing property rights legislation in Kosovo within the framework of European integration is an important step in shaping the country’s legal system and its compliance with international standards, especially in the context of EU membership.[45] The Constitution of the Republic of Kosovo ensures the protection of property rights, making them a constitutional sphere.[46] This differs from other property rights, which are regulated by law solely as legal categories. According to the legal provisions of Law of the Republic of Kosovo No. 03/L-154,[47] Article 18 defines the term “property rights” as follows “full rights to an object” (Part 3, paragraph 1, Article 18). The owner may dispose of the object at their discretion, including owning and using it, disposing of it, and excluding other persons from its influence, provided that this does not violate the law or the rights of third parties.

On the same legal basis of ownership, with the application of new ideas and achievements in the field of legal norms, more effective harmonization occurs, based on European Union standards, which was introduced by Law of the Republic of Kosovo No. 03/L-154.[48] This law establishes norms on property rights and other issues related to property rights for the first time. This was necessary to resolve property disputes caused by discriminatory legislation of the former Yugoslavia, which Kosovo courts faced when issuing judgments.[49] Thus, this example demonstrates the successful adaptation of Kosovo’s legislation to European legal standards, introducing new laws that regulate property disputes and adhere to principles of fairness and legal protection.

3.3. Identifying key barriers and opportunities in Kosovo’s legislative harmonization with the European Union

The harmonisation of legislation in Kosovo is confronted with a plethora of challenges, predominantly originating from institutional capacity limitations, resource constraints, and resistance from diverse sectors. One of the most significant obstacles is the lack of institutional capacity. The governance structures in Kosovo, while established, frequently lack the requisite expertise and efficiency to implement reforms in an effective manner.[50] Furthermore, the political landscape is characterised by frequent changes in government and a lack of continuity in policy implementation, which serves to compound the aforementioned issues. The Kosovo Assembly has encountered difficulties in terms of cross-party collaboration, which has resulted in legislative stagnation and a reduction in the pace of crucial reforms. Furthermore, resource constraints represent a pivotal factor. A significant number of institutions responsible for implementing legislation are unable to function effectively due to a lack of adequate funding and staffing. The Kosovo Anti-Corruption Agency has been the subject of criticism for its perceived ineffectiveness, which can be attributed to a lack of personnel and resources to carry out its mandate effectively. Similarly, the judiciary is overburdened, facing a significant backlog of cases that delays justice and undermines public confidence in the legal system.[51] Furthermore, the informal economy, which constitutes a substantial portion of Kosovo's GDP, complicates regulatory enforcement and diminishes state revenues, further straining institutional capacities.

Another challenge arises from resistance from certain sectors, particularly within the political and economic elite. There is frequently a reluctance to accept reforms that threaten established interests, particularly in relation to anti-corruption measures and public administration reforms. This resistance is rooted in a culture of impunity, whereby high-level officials frequently evade accountability for corrupt practices.[52] The absence of ownership over legislative processes and the inclination to accept donor assistance without aligning it with national priorities impede progress. This situation reflects a broader issue of governance, whereby the political elite may prioritise short-term gains over long-term institutional strengthening. Furthermore, the geopolitical context introduces an additional layer of complexity. The ongoing conflict between Kosovo and Serbia over matters of recognition and territoriality creates an environment of instability that can impede reform efforts.[53] Furthermore, external influences from neighbouring countries and international actors also serve to complicate the legislative landscape. These entities often have their own agendas that may not align with Kosovo's national interests.

In everyday life, confusion often arises between the concepts of ownership and possession, and the two systems of property law are often perceived as synonymous, without distinguishing their legal meanings. This serious confusion is often encountered in judicial practice. In property disputes related to the return or transfer of property, the defendant is often described as “obliged to transfer the property to the plaintiff”.[54] However, as is known, ownership is a special legal relationship arising between legal subjects and related to a specific object, but in an abstract and non-material, rather than physical sense. It is a legal concept whereby a legal subject has certain rights to specific property.

Ownership is an abstract legal concept and cannot be transferred directly, as it is not a physical object. It involves giving legal influence over a specific thing to a legal subject and granting the legal subject the right to freely dispose of the thing within the framework of the law without infringing on the rights of third parties. In this context, the Republic of Kosovo needs to develop and implement legislative reforms that clearly define and distinguish the concepts of ownership and possession in accordance with European standards. This will help eliminate ambiguities in the legal understanding of these concepts. In accordance with the provisions of Article 18, paragraph 1 of Law of the Republic of Kosovo No. 03/L-154,[55] the owner has certain property rights, such as the right to possession, use, and the right to exclude others from affecting this property, while observing the law and the rights of third parties.

Possession is actual possession of an object, which can be direct if the person independently possesses and uses the object, or indirect if actual possession is exercised through a third party. These forms of ownership are regulated by the provisions of Articles 103 and 109. Furthermore, according to Article 110, a person who possesses items in their possession is recognized as the owner of that property. Courts consider disagreements related to property, servitudes, possession, mortgages, pledges, and other property rights in accordance with the provisions of these laws and other relevant laws of the Republic of Kosovo. Law of the Republic of Kosovo No. 03/L-154[56] introduces innovations in the field of property rights, servitudes, and other property rights, reflecting significant changes in the nature and content of property relations in post-war Kosovo in the process of European integration.

The influence of the Roman system of property protection has affected the terminology and content of property claims in modern law. In the legal system of Kosovo, the protection of property rights is carried out through the presentation and consideration of relevant lawsuits in competent courts.[57] Judicial proceedings related to such lawsuits often entail complex legal processes, known as contentious civil disputes. This complexity arises from the need for thorough analysis of evidence and establishment of the factual circumstances of the case.[58]

The legislative differences in Kosovo have a considerable impact on the daily lives of its citizens. The complex political landscape of Kosovo, characterised by ongoing tension between its ethnic Albanian and Serb populations, has resulted in a patchwork of laws and regulations that vary across different regions of the country.[59] In areas with a predominantly Albanian population, citizens may have greater access to public services, such as healthcare and education, that are aligned with the priorities of the Kosovo government. However, in regions with a Serb majority, the influence of the Serbian government in Belgrade is more pronounced, resulting in the implementation of disparate policies and standards that can impact the accessibility and quality of these essential services. Similarly, the legal framework surrounding economic activities, property rights, and employment opportunities can vary significantly depending on the geographical location within Kosovo. This disparity can create challenges for individuals seeking to navigate the bureaucratic landscape, access economic opportunities, or secure their rights and entitlements.[60] Furthermore, the lack of a unified judicial system in Kosovo has resulted in inconsistencies in the application of laws, with citizens potentially facing different outcomes in legal proceedings based on the jurisdiction in which they are held. This can lead to a sense of uncertainty and insecurity among the population, as they may not be able to rely on a consistent and predictable legal framework.

A preliminary conclusion that can be drawn is that harmonizing the aforementioned law with European legislation is important for ensuring the protection of property and other proprietary rights, which is a crucial aspect of civil law. Furthermore, property law and its protection are key elements of civil law. Harmonizing legislation in this area with European standards ensures stability and legal protection for all citizens. Discussion of case law and judicial decisions pertains to how Kosovo courts apply property and other proprietary rights law in practice. This is also an important aspect of harmonizing civil legislation with European standards, as it ensures consistency in the application of law and judicial practice. In this process, it is important for various stakeholders to collaborate in developing a common strategy, coordinating the implementation of tasks, and ensuring broad support from different social groups and public institutions. Improving coordination between different agencies and government bodies, including the government, parliament, and other institutions responsible for implementing reforms, is recommended. This will help avoid duplication of efforts and ensure a systematic approach to implementing changes. Special attention should be paid to protecting civil rights and upholding the principles of the rule of law, which is crucial for strengthening democracy and legality.

The EU plays a crucial role in supporting the harmonization process in the Republic of Kosovo, particularly as Kosovo aspires to EU membership. The EU acts as a facilitator in the dialogue between Kosovo and Serbia, aiming to normalize their relations. It also provides guidance on necessary reforms and standards to align with EU norms and regulations, while offering financial assistance through various programs and instruments. The EU has several expectations for Kosovo in this process.[61] These include strengthening the rule of law, improving democratic institutions, implementing economic reforms, enhancing regional cooperation, and modernizing public administration. The EU expects Kosovo to combat corruption, protect minority rights, implement market-oriented economic policies, and improve its business environment. To support Kosovo’s harmonization efforts, the EU has implemented several initiatives. The Stabilisation and Association Agreement provides a framework for Kosovo’s gradual alignment with EU standards.[62] The harmonization process involves legal approximation, aligning Kosovo's legislation with the EU acquis Communautaire. It also includes institutional capacity building and sectoral reforms in areas such as energy, environment, agriculture, and education.

In addition, legislative harmonization between Kosovo and the EU has significant practical implications across various sectors. One notable example is in the field of consumer protection. Prior to harmonization efforts, Kosovo’s consumer protection laws were outdated and poorly enforced. As a result, in 2015, it was estimated that over 70% of Kosovar consumers were unaware of their basic rights, and cases of consumer fraud were widespread. Following the implementation of EU-aligned consumer protection legislation in 2018, there has been a marked improvement. By 2023, consumer awareness had increased to approximately 60%, and reported cases of consumer fraud decreased by 35%. This harmonization has led to stricter labelling requirements, improved product safety standards, and more effective mechanisms for dispute resolution.

Another illustrative example is in the energy sector. Before aligning with EU energy regulations, Kosovo’s energy market was largely monopolized and inefficient. The country relied heavily on lignite-fired power plants, which contributed to significant air pollution. In 2016, it was estimated that these plants were responsible for about 250 premature deaths annually due to air pollution. The adoption of EU-aligned energy legislation in 2020 has begun to transform the sector. The new legal framework has encouraged competition and investment in renewable energy. By 2023, renewable energy sources accounted for 25% of Kosovo’s energy mix, up from just 5% in 2016. Moreover, the improved regulatory environment has attracted EUR 300 million in foreign direct investment in the energy sector between 2020 and 2023. In the realm of food safety, the lack of harmonization previously led to significant issues. In 2017, only 40% of food products in Kosovo met EU safety standards. This not only posed health risks to consumers but also severely limited Kosovo’s ability to export agricultural products to the EU market. The gradual adoption of EU food safety regulations has yielded positive results. By 2024, it’s estimated that 80% of food products in Kosovo now meet EU standards. This has not only improved public health but also boosted Kosovo’s agricultural exports to the EU, which have increased by 45% since 2017.

Overall, harmonizing civil law in Kosovo with European legal norms is important for strengthening the legal framework in the country, enhancing legal protection for citizens, and providing a basis for successful European integration.

4. Discussion

In the concluding part of the previous section, it is stated that harmonization of national laws in the field of civil law implies harmonization of EU laws and regulations concerning civil law, which is achieved through reform. This involves changing rules and procedures related to property, marriage, and other aspects of civil law to align with EU standards and requirements. As a result, the harmonization process directly impacts the current state of national legislation and requires amendments to existing laws and regulations. It also identifies discrepancies between national laws and rules and EU standards and norms. Consequently, the pursuit of harmonizing national laws facilitates preparation for potential EU membership and ensures compliance of legal systems with EU norms and provisions. In his research, scholar L. Zhang emphasizes the significance of the European integration process for the Western Balkans, as well as the European Union as a whole.[63] He acknowledges that this procedure is complex and requires peaceful solutions, changes, and regional cooperation to overcome past conflicts and differences. The author asserts that active involvement of the region’s countries in the integration process is crucial for strengthening democracy, rule of law, and economic development in the Balkans. Despite the progress made, issues still exist and require additional reforms and conflict resolution. It is necessary to agree with the author and his conclusion regarding the need for legislative reform, noting that this is directly linked to the Euro-integration process in Kosovo and the uniformity of national laws, especially in the field of civil law, due to its importance for their preparation for possible EU membership; compliance with EU laws, including those related to civil law, is a condition for EU membership.

In his study, A. Ahmeti examines the special guardianship institute in the context of inheritance division and conflicts of interests between parents and children regarding inheritance rights.[64] He introduces the concept of “guardianship for special cases,” which is appointed in cases where conflicts of interest arise between parents and children regarding inheritance matters. An example is given where a parent’s decision to enter into a life maintenance contract is revoked, and this contract is deemed invalid. The authors discuss the provisions of legislation in Kosovo and Croatia concerning guardianship and the rights of future child heirs. The process of appointing a guardian and their role in protecting the interests of future child heirs is described. Croatia’s experience in this regard is noted, and a similar approach is recommended in Kosovo to enhance professionalism and improve the protection of children’s rights. It is necessary to agree with the author, as the examined special guardianship system in the context of inheritance division and protection of rights of future child heirs is directly related to the subject and questions of coordination of existing national legislation. The field of civil law in the context of European integration.

Although the guardianship system itself is not discussed in the previous section, it is part of the general field of civil law, and for successful integration into the EU, harmonization of national legislation with EU norms and standards is necessary. The aforementioned guardianship system and its application in Kosovo and Croatia serve as an example of such coordination. The proposal to implement the Croatian experience into the Kosovo system, based on professionalism and protection of rights of future child heirs, can be seen as a step towards aligning national legislation with EU standards. This approach reflects a commitment to effective solutions in the field of civil law, which is crucial for the success of European integration. Furthermore, the discussion of issues and problems related to existing national legislation, such as the lack of regulation of guardianship in Kosovo and the lack of adequate legal protection of children’s rights after death, highlights the need for additional reforms in this area. These reforms aim to bring national laws closer to European standards and address issues that may hinder European integration. As a result of the study of the guardianship system in the context of succession between Kosovo and Croatia sheds light on the state of affairs and issues of national legislative coordination in the field of civil law, as well as emphasizes the need to take measures to adapt to European legislation.

The research by E. Hajdari et al. explores the legal status of the LGBT+ population in Kosovo.[65] The authors acknowledge that according to the Constitution of the Republic of Kosovo, all citizens are guaranteed equal treatment under the law, including the LGBT+ population.[66] While it does not prohibit marriage for all citizens, the Family Law of Kosovo[67] only recognizes marriage between persons of different sexes. The study also includes a comparative analysis of legislation regarding same-sex relationships in other countries of the former Yugoslavia. It is necessary to agree with the authors’ conclusions, as this research also examines the normative issues of same-sex marriages in Kosovo. It is worth noting that the Constitution of the Republic of Kosovo is considered the fundamental document laying the legislative foundation of Kosovo. The Constitution of the Republic of Kosovo contains established norms in the field of human rights and freedoms and consists of two separate chapters. It provides for the applicability of the European Convention on Human Rights (ECHR) without ratification, making it directly applicable to the constitutional system. However, the case law of the European Court of Human Rights (ECHR) is not enshrined in the constitution and is not included in the Constitution of the Republic of Kosovo, meaning that the Constitutional Court is not obligated to follow ECHR case law. As mentioned earlier, the Kosovo court applied the approach of the ECHR, but the level was still insufficient. Unlike Croatia, Slovenia, and Montenegro, which recognize civil unions, Kosovo has not yet implemented this right for the LGBT+ community. However, Kosovo has certain advantages over other countries in the region. For example, its Constitution of the Republic of Kosovo[68] prohibits any form of discrimination based on sexual orientation and does not define marriage as a union between persons of different sexes.

B. Alushi and I. Shtupi delve into the historical aspects of property law, starting from its philosophical foundations, and draw parallels with the political systems that have existed in the Republic of Albania throughout its history.[69] They highlight the significance of the institution of private property in the legal structure of the state, built on the foundations of the Roman-Germanic legal tradition. In their research, the authors also analyse the impact of the European Union on resolving issues related to the institution of private property in Albania, identifying important legal acts covering this aspect. The study of property rights issues in the Republic of Albania is closely linked to the analysis of the current state of affairs and coordination problems of national legislation in the field of civil law in the context of European integration. Examining the legal aspects of property in Albania can serve as an example to elucidate the problems and trends in the development of civil law in countries aspiring to integrate into the European Union. In particular, it can determine which parts of civil law should be compatible with European standards and norms and what problems may arise in the process of harmonizing legislation. As a result, Albanian experience and analysis contribute to understanding the procedure of European integration and the influence of this procedure on the development of civil law in other countries in the region. In the previous section, property rights in Kosovo were examined, allowing for the identification of similarities and differences. Similarities include:

• the basic principles of property law in both countries are based on the Roman-Germanic legal system;
• both countries recognize the right to private property as a fundamental right;
• in both countries, property is regulated by legislation such as constitutions, laws, and other legal documents, supervision, institutional mechanisms, and government agencies to ensure the protection of property rights.

However, there are differences. Property issues in Kosovo are complicated by political and ethnic conflicts that will affect the application of property rights. Property issues in Albania are more stable because the country does not face the same political problems as Kosovo. In general, both countries adhere to the basic principles of property law, but due to their history, political environment, and international influence, the application and normative basis of this law may differ.

E. Mislimi conducted a study on the aspirations of a multiethnic society in the Republic of Kosovo towards inclusive relations and a spirit of tolerance towards all communities.[70] The findings of the research emphasize the connection between the evolution of differentiated group rights and multi-ethnicity in Kosovo within the framework of the aspiration for integration into the EU. This creates opportunities for Kosovo’s future accession to the EU and the formation of a stable, multiethnic society based on principles of democracy and the rule of law. At the same time, the high importance of fully implementing minority rights and human rights is highlighted as the primary goal on Kosovo’s path to EU membership. Although this fact is not the main subject of the research, its significance still remains. Studying the impact of EU membership on the development of differentiated group rights and the formation of a sustainable multiethnic society in the Republic of Kosovo is an integral part of this topic. Analysing this issue helps determine whether Kosovo’s laws conform to EU standards and principles regarding citizen rights and whether they are harmonized with these principles. In particular, it can examine the impact of integration processes on multiethnic development and the protection of marginalized rights to help understand which aspects of legislation need improvement or change to ensure compliance of national laws with European standards. It also allows forecasting the future evolution of legislation and practice regarding minority rights in Kosovo and the extent to which they conform to European standards. As a result, research on this topic is necessary to understand the full impact of the integration process on social and legal processes in Kosovo and to develop development strategies in this area.

5. Conclusions

Synchronizing national civil legislation with European standards is a complex and multifaceted process that requires a comprehensive approach and consideration of all aspects of the legal system. This includes implementing reforms aimed at ensuring the supremacy of law, protecting human rights, and developing civil law. Despite Kosovo’s national legislation’s aspiration towards integration with European legislation, it faces a number of problems and obstacles. For example, it is unstable and subject to the influence of EU legislation, whereas legislation in Serbia, Croatia, and Slovenia has already been adopted and harmonized with European standards. As the Republic of Kosovo seeks integration into the EU, it is critically important to ensure the compliance and coherence of national legislation with European standards. This is necessary for the effective functioning of the legal system and the protection of civil rights in accordance with EU norms. Regular interaction with EU institutions, successful implementation of necessary reforms, and progress in key areas play an important role in Kosovo’s further advancement towards European integration.

Achieving European integration for Kosovo requires steadfast political will, determination, and cooperation from all stakeholders, including the government, civil society, and the public. This means not only the participation and recognition of political institutions but also active involvement of civil organizations, the business sector, and the population. Steadfast political will entails developing long-term strategic plans and consistently implementing set goals and objectives. A comparative analysis of Kosovo’s civil law and EU legal norms underscores the need for serious reforms in Kosovo’s legal system to comply with European standards. Significant differences in the interpretation and application of laws have been identified, creating obstacles to Kosovo’s integration into the EU. It is important to consider not only legal aspects, but also political and cultural factors influencing the harmonization process. For successful adaptation to European norms, systematic updating of legislation, enhancing the qualifications of lawyers, and ensuring transparency and public participation in this process are necessary.

To enhance its contribution to the field, future research should focus on comparative analysis of national and European legal frameworks, identifying key differences and proposing specific reforms. This study could explore the political and cultural factors that influence the harmonization process, providing a holistic view of integration challenges. Additionally, research should assess the effectiveness of current legal reforms in improving compliance with EU standards, using case studies from countries that have successfully integrated their legislation with European norms.

1. In the modern conditions of globalization, researching the issues of harmonizing national legislation with European standards is important for strengthening integration and enhancing the competitiveness of developing countries. This study aims to analyse the current state of Kosovo’s civil law and its alignment with European Union norms, identifying key areas of compliance and divergence. The research methods used for this study include analysis and synthesis, comparison, as well as hermeneutic and historical methods. The results of the study have revealed that European integration is a key factor for successful accession of a country to the European community, ensuring the alignment of its legislation with international norms and the principle of rule of law predominance. The conclusions of the study reflect the current status of legislation in the field of civil law in Kosovo and its compliance with EU norms and standards. Key problems and challenges encountered in harmonizing national legislation with EU legislation have been identified, namely: differences in legal systems, difficulties in adopting and implementing new rules, and the need for reforms. Additionally, it has been emphasized that Kosovo’s legislation is ready for changes and gradually aligns its legislation, especially in the field of civil law, with international standards. The practical significance of the study lies in the fact that the results can be used to improve the national civil legislation of Kosovo, in line with European standards, ensuring the protection of citizens’ rights, integration into Europe, and stimulating economic growth.

Keywords: state governance; Stabilization and Association Agreement; legal adaptation; reforms; globalization; Western Balkans.

*Faculty of Law, Public University “Kadri Zeka”, 60000, Zija Shemsiu Str., Gjilan, Republic of Kosovo (zeqiraj.val@outlook.com).

Faculty of Management and Finance, University “Fehmi Agani” in Gjakova, 50000, Ismail Qemali Str., Gjakova, Republic of Kosovo (safete-hadergjonaj@outlook.com).

**The paper has been submetted to double blind peer review.

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