On July 3 2018, Academy of Justice within its Continuous Training program organized a training on regular and extraordinary legal remedies according to the LCP.
Purpose of this training was to enhance the judges knowledge related regular and extraordinary legal remedies.
First part of this training was dedicated to: the appeal, revision and proposal for repetition of the proceeding. Whereas in the second part it was elaborated on the relation between revision and proposal for repetition of the proceeding, and the request for protection of lawfulness.
This training further highlighted that in cases when decision is brought by judges of the first instances, often there are mistakes of formal and material aspects, which may impact in lawful assurance of the parties’ rights in the contested procedure. Therefore, the right of appeal against a decision is a fundamental right which is guaranteed by Constitution of the Republic of Kosovo in Article 32, which states the following: “Every person has the right to pursue legal remedies against judicial and administrative decisions which infringe on his/her rights or interests, in the manner provided by law”.
This training further emphasized that with regard to the scope of the review that shall be done by a higher court, a basic standard is that a judicial review from a higher instance court to include both the control of procedural rights as well as control of the case merit, enabling this way to a higher instance court to review the formal and substantial aspects of the case tried in the first instance.
This was followed by an opinion that the main aim of all extraordinary legal remedies is to ensure lawfulness of judicial proceedings which result in decisions that present lawful solutions and rights on concrete issues; also, extraordinary legal remedies ensure that the ultimate court instances control the lawfulness of these decisions which decide on objective right and interests of the parties in civil dispute on one hand, and on the other hand by issuing decisions upon utilization of these extraordinary legal remedies an impact is made in unification of court practices of the lower instances, and guarantee application of the law.
During the training, participants had the opportunity that through the training handouts, discussions, and analysis of case studies to elaborate correctly provisions of the Law on Contested Procedure. Also the training was delivered in combined theoretical explanations and practical review of the case law and studied the ways of merit based decisions in concrete cases.
Beneficiaries of this training were judges of the basic instance from general departments – civil divisions.
03-07-2018