VIOLATION OF LEGAL CERTAINTY IN THE CASE OF LAW AMENDMENTS THE CASE OF KOSOVO (AMENDMENT OF THE LAW ON ENFORCEMENT PROCEDURE)
The law-making process is a very important but quite a complicated process. Competent state institutions during the process of enacting laws, and especially when it comes to approval of laws which amend current laws, must be very careful in terms of guaranteeing the rights that individuals have acquired with previous legislation. The treatment of this scientific paper aimed at identifying the problem that appears in cases of laws amendments, which do not guarantee legal security as well as legitimate and reasonable expectations for individuals who have acquired their rights with previous laws and are currently in the phase of realizing those rights. Specifically, the purpose of this paper was to identify the problem that the Law no. 05/L-118 on Amendment and Supplement to the Law no. 04/L-139 on the Enforcement Procedure has been established by not defining any provision according to which the individuals who have commenced the enforcement procedure before the entry into force of this law, to continue procedure according to the previous law, respectively according to Law no. 04/L-139 for the Enforcement Procedure. The realization of this scientific paper has been done through the analytical method, more specifically through the analysis of laws and the Constitution of the Republic of Kosovo, and also through the analysis of the European Court of Human Rights decisions. Through this scientific paper, it has been pointed out that the legal amendments should carefully regulate the cases that were being conducted before the concrete law entered into force. In other words, in order to maintain legitimate and reasonable expectations, the Kosovo legislator, in the Law no. 05.L-118 on Amendment and Supplement to the Law no. 04/L-139 on the Enforcement Procedure should have establish a provision that guarantees individuals that the procedures that commenced before the entry into force of this law, continue according to the previous law. The lack of such provision has resulted in a series of human rights violations. At the end of this paper, it is ascertained that every time during the process of amending applicable laws, must be defined provisions that guarantee to persons the realization of their rights according to the laws by means of which court procedures or other procedures have been initiated. Such a rule, assures the parties that their rights must be realized according to the legislation that was in force at the time when they commenced procedures for the realization of their rights.
Amendment of Norms, Legitimate Expectation, Legal Certainty, Enforcement Procedure