Contract Law Enforcement (CLE) Program

About Enforcement of Judgments

The effective enforcement of civil judgments is a crucial component of ensuring justice. Every judgment is essentially ratification and recognition of a property interest or interests. The enforcement of judgments is essential to the central role of the State in recognizing and upholding property rights, and providing justice. More broadly, the efficient, prompt, and effective enforcement of judgments is a key aspect of public trust in courts, and successful enforcement of judgments establishes and preserves the credibility of the courts. Thus, effective enforcement is a central feature of Rule of Law.

Effective systems for enforcement of judgments are also vital to economic growth, job creation, and increased prosperity. Every contract in default, every unpaid utility bill, and every property interest not promptly and efficiently upheld is resources that could otherwise be used to do more – to invest, to buy, to use.

Over the past decade, many countries have introduced more effective solutions to often ineffective processes for enforcing judgments, and Kosovo is no exception to this trend. The Enforcement of Judgments component of the Contract Law Enforcement (CLE) Program focuses on working with the Kosovo Judicial Council and courts to improve enforcement processes, and provide greater resources in order to resolve the problem of a large and growing number of backlogged judgments awaiting resolution. Additionally, CLE is working closely with the Ministry of Justice and other Kosovo institutions to establish and functionalize the anticipated new enforcement system in Kosovo – the institution of Private Enforcement Agents.

The opportunity now exists to fully resolve issues with the enforcement of judgments in Kosovo and CLE’s dual approach – the retrospective clearing of backlog and the prospective introduction of private enforcement agents, is addressing the systemic problems with the enforcement of judgments.