Here is the value of war damage Serbia has caused Kosovo

The court has not handled these cases with the reasoning that they have no competencies.

Director of the organisation “Jahir Bata, an organisation that has handed down these indictments in court, is confident that these should be handled as the exclusive competence of local courts.

“So far we have handed in 120 indictments to the Constitutional Court, while we have over 120 files. The plaintiff parties are out of 13 Kosovo municipalities, and even citizens should come as a result of the war by distant municipalities from Gjilani”, Bata said.

According to him, the failure to judge these cases is taking place due to political interference and international pressure.

Our “The lesson is that it's policy intervention, I can freely say perhaps by international pressure, but under the law on contrary procedure that is now in force and in application they have the right to consider”.

The lawsuits are called to say that the subjects that concern international elements are not competent, but that's exactly the provision that you expect to be competent, at any time when it comes to paying back the damage are always local courts competent depending on territorial competence where damaging action has taken place. The Constitutional Court is violating its constitution provisions, is also violating the” convention.

Ehat Miftaraj, executive director at the Kosovo Institute for Justice (IKD), told the Online Economy that courts are acting on the basis of a political stance from the time UNMIK operated in Kosovo.

This ruling has clarified he says the court is not competent to deal with these subjects.

Our courts have unfortunately received an installed or built practice in UNMIK's time. It is true since 99 there have been a large number of indictments Kosovo citizens have filed with Serbia over the damage to the war they have suffered during the last war in Kosovo, and at that time I remember U n The NMUK had taken a more political stance, on the part of the UNMIK administration that Kosovo courts have no competence to deal with the materials related to the war damage in Kosovo and which the state of Serbia is indicted. In this regard were the reasoning stereotypes that we find today in the judgments of our” courts.

Miftaraj says the judicial system should make a proper analysis of this issue and make a decision on how to handle these cases.

“The judicial solution should come from Kosovo courts, which must make a proper analysis of this issue and make a decision. I don't believe this has anything to do with the lack of political will, since this is the competence of the” courts.

I don't believe that here is something to do with the lack of political will because this is simply the competence of courts, courts should individually decide we have thousands of cases of this nature”.

Lawyer Tome Gashi says courts are competent and there is no law prohibiting them from handling these cases.

But he says the problem remains to implement those decisions.

“I believe that this is not fair, but the courts have the legal powers to choose these, because there is no law that forbids it, and the court is called on to deal with the lack of representation of the organs of the Republic of Serbia, but with legal provisions it is preparative that in case a person or a subject anyone is indicted and fails to receive an invitation regularly and not present during judicial hearings, the trials can also be held in absentia and then it would be the need of international institutions, arbitration, or any other kind of organisation for the implementation of the Republic of Kosovo Constitution to be carried out of <1>.

Gashi says this has more to do with the lack of political will, but that this should receive a judicial epilogue and claim Serbia responsible for all damage caused.

“I believe that political will has been lacking because without political will the Kosovo court does not act even though the laws are good even though these cases enter judicial courses to get a judicial epilogue, to be declared responsible for all the damage it has done during the war in Kosovo, and then it would only be the second hardship, implementation of these decisions”.

Over 22 billion euros accounted for the damages of the war Serbia has caused in Kosovo before and during the last war.