On September 21, 2022, Law No. 08/L-028 on Private International Law entered into force in the Republic of Kosovo. This law is of great importance for the legal system in country, considering the fields that it regulates. Before the entry into force of this law, the Law of the former SFRY on the Resolution of the Conflict of Laws with the Rules of Other Countries, dated 1985, was applicable in Kosovo. Considering Kosovo’s aspirations for membership in the European Union, it was necessary to pass a law that would align with the EU legislation and in particular, with the Rome I, II, and III Regulations, as well as with the Hague Protocol.
The law provides rules for assigning the competent law to private law relations with an international element, rules for the competence of courts and other bodies for examining those relations, as well as rules for the recognition and enforcement of foreign court judgments and decisions of other bodies of the foreign countries.
Although delayed, the entry into force of this law constitutes an important moment for this field of law in Kosovo, which unfortunately has not been sufficiently developed in practice. The very fact that Kosovo did not approve its law but has implemented a law of the former SFRY proves this fact. Taking into account the large number of Kosovo diaspora, this law will regulate issues that are of special interest to them and not only, which have to do with marriage, matters of parental responsibility, adoption, inheritance, etc.
The law also regulates issues of interest to businesses that engage in international commercial relations, such as defining the competent law to contracts for the sale of goods, provision of services, franchise or distribution contracts, etc. Likewise, the law also defines Court’s jurisdiction regarding intellectual property rights, the right of the consumer, etc.
We hope that the entry into force of this law will also serve for the discussion of private international law both at the academic level and by law enforcement actors so that the cases that will be presented in the future receive professional treatment and this field of the right to advance even further.