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First Private Enforcement Agents started operating in Kosovo

First Private Enforcement Agents started operating in KosovoPhoto by: The USAID Contract Law Enforcement (CLE) Program

Private enforcement system, that facilitates the work of judiciary in enforcement of cases, has started operating in Kosovo too. With the decision of Deputy Prime Minister/Minister of Justice, Hajredin Kui, the first 12 Private Enforcement Agents started operating on 5th of May 2014 with responsibility and authority to enforce civil cases in compliance with the new Law on Enforcement Procedure.

Execution of civil cases, know in legal terminology as Enforcement, has been delivered by courts, while starting as of mid 2014, this competency has been delegated exclusively to Private Enforcement Agents, save cases relating to family law and reinstatement of employees at work. Introduction of Private Enforcement Agents and delegation of power from courts to Private Enforcement Agents is expected to reduce workload of courts and provide for a specialized profession that would complete cases expeditiously and efficiently. With the establishment of this practical and accessible system for citizens, Kosovo finally made a huge leap towards improving rule of law and delivering individual rights.

The system, although titled "private", is well regulated by the Law on Enforcement Procedure and shall be monitored and supervised closely by the Ministry of Justice. Moreover, for the purpose of having this service competitive and qualitative, the Law provides that the number of Private Enforcement Agents shall be no more than 1 Private Enforcement Agent for 25.000 inhabitants, with territorial competencies stretching throughout Kosovo. Ministry of Justice has been continuously supported on regulating and functioning the system by the US Agency for International Development - USAID in Kosovo. USAID Contract Law Enforcement Program (CLE) has supported the Ministry as of May 2013 in establishing the regulative framework that provides for operation and actions of Private Enforcement Agents. CLE shall continue providing support in establishing a rigorous and powerful monitoring system and discipline of Private Enforcement Agents, and on establishing the Chamber of Private Enforcement Agents that will serve as self-regulatory body in developing this new profession.

This article was prepared by the USAID Contract Law Enforcement (CLE) Program, while thanking the American People. The content of this article is the responsibility of the USAID Contract Enforcement (CLE) Program, and the views of the author do not necessarily reflect the views of the United States Agency for International Development (USAID) or the United States Government. The Contract Law Enforcement (CLE) Program, which started in May 2013, is a three-year program, with the aim of strengthening the judicial system in Kosovo in the field of contract law, enforcement of judgments and mediation as an alternative for dispute resolution.

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