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Operationalizing and Measuring Rule of Law in an Internationalized Transitional Context: The Virtue of Venice Commission’s Rule of Law Checklist

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  • Qerimi Qerim

    (Faculty of Law, University of Pristina, Pristina, Kosovo)

Abstract

This article will seek to operationalize and measure rule of law primarily relying on the “Rule of Law Checklist,” developed by the Venice Commission, composed of the following five elements: (1) Legality; (2) Legal certainty; (3) Prevention of abuse or misuse of powers; (4) Equality before the law and non-discrimination; and (5) Access to Justice. Each of these elements will be operationalized in the context of Kosovo – the leading case study – with an ultimate aim of obtaining an enhanced understanding of the Rule of Law framework and its measurement in transitional contexts more generally. The underlying circumstances of the selected case are defined by an almost unparalleled involvement of the international community, in particular the UN and the EU, which forms a relatively significant part of the observable context.

Suggested Citation

  • Qerimi Qerim, 2020. "Operationalizing and Measuring Rule of Law in an Internationalized Transitional Context: The Virtue of Venice Commission’s Rule of Law Checklist," The Law and Development Review, De Gruyter, vol. 13(1), pages 59-94, January.
    • Handle: RePEc:bpj:lawdev:v:13:y:2020:i:1:p:59-94:n:6
    DOI: 10.1515/ldr-2019-0010
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    References listed on IDEAS

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    1. Qerim R. Qerimi & Bruno S. Sergi, 2008. "A regional-based approach towards economic development in the Western Balkans," World Review of Entrepreneurship, Management and Sustainable Development, Inderscience Enterprises Ltd, vol. 4(2/3), pages 182-202.
    2. Qerimi Qerim, 2018. "The Quest for Operational Priorities: Areas in Need of Strategic Development Intervention," The Law and Development Review, De Gruyter, vol. 11(1), pages 1-29, January.
    3. Weingast, Barry R. & Wittman, Donald, 2008. "The Oxford Handbook of Political Economy," OUP Catalogue, Oxford University Press, number 9780199548477.
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