Title: Approaching the event horizon to the Council of Europe: questions of ratione temporis and materiae and what can future applicants expect in the case of Kosovo

Authors: Besfort T. Rrecaj

Addresses: Department of International Law, Faculty of Law, University of Prishtina, Kosovo

Abstract: This article aims to anticipate some key legal issues following Kosovo's accession to the Council of Europe and its institutional and legal mechanisms, particularly the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Court of Human Rights. Questions of ratione temporis and materiae jurisdiction related to the European Court of Human Rights will be taking centre stage in the immediate aftermath. These questions will be discussed here in the light of the court's practice and what future applicants may expect when opting to file a complaint against Kosovo for violation of human right. But first, the article will discuss some issues related to the final road of accession that will enable it to approach the event horizon that is the point of no return in the accession process with an official membership invitation from the Council. The case of Kosovo represents a unique case originating from its formal posture towards the ECHR and the case law of the ECtHR which have been made obligatory and directly applicable by Kosovo's constitution. This will have future impact after Kosovo's eventual accession to the CoE and the ECHR.

Keywords: Kosovo; Council of Europe; CoE; membership to the CoE; ECtHR; European Court of Human Rights; ECHR; European Convention on Human Rights and Fundamental Freedoms; ratione temporis; ratione materiae.

DOI: 10.1504/IJHRCS.2024.141709

International Journal of Human Rights and Constitutional Studies, 2024 Vol.11 No.4, pp.323 - 345

Received: 11 Apr 2023
Accepted: 14 Apr 2023
Published online: 01 Oct 2024 *

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