principles (1. lawfulness, 2. legitimate aim in the public interest, 3. fair balance 4.legitimate expectation). EU Law considers property law mainly as an internal matter of EU Member States (Article 345 TFEU), although a fragmentary European Union Property law is emerging based on the four fundamental freedoms provided by the EC Treaty. Article 49 TFEU is of great relevance in relation to the right of foreigners to acquire immovable property. The ultimate political goal of the Republic of Kosovo is EU membership. This is expressly stated in the Constitution of the Republic of Kosovo. Any property and real rights reform needs to be positioned within the framework of a number of international legal instruments including the European Convention of Human Rights (ECHR). The Constitution of the Republic of Kosovo refers to the application of the standards established by the ECHR and the case law of the European Court of Human Rights (ECtHR). According to Art 22 and 53 of the Constitution of the Republic of Kosovo, the provisions of the ECHR are expressly applicable. When juxtaposing ECHR, ECtHR case-law, EU Law and best legal practices to the domestic regime on property rights, concerns may be expressed above all in relation to a proper definition of the different types of property, lack of an adequate legal framework regarding the definition of which objects are publicly owned, rights of minors and women in relation to access of property by inheritance, just compensation arising from expropriation, socially owned properties in a way to balance rights of owners and tenants, re-establishment of the superficies solo cedit principle, access of foreigners to property, restitution process, lack of harmonisation between the law on property and the one on obligations, acquisition, transfer and protection of ownership, constitutive and declarative character of registration and which rights need to be registered, proper regulation of flat ownership, of construction rights, securities and mortgages. The legislative systems of Austria, Croatia, Germany, Macedonia, Slovenia and Switzerland have been advisedly chosen to serve as a model in order to identify gaps and inconsistencies with European best practices in the existing legislation in Kosovo. A number of these countries were selected by reference to the legal tradition of Kosovo. Some of them have faced similar experiences during the transition period
principles (1. lawfulness, 2. legitimate aim in the public interest, 3. fair balance 4.legitimate expectation). EU Law considers property law mainly as an internal matter of EU Member States (Article 345 TFEU), although a fragmentary European Union Property law is emerging based on the four fundamental freedoms provided by the EC Treaty. Article 49 TFEU is of great relevance in relation to the right of foreigners to acquire immovable property. The ultimate political goal of the Republic of Kosovo is EU membership. This is expressly stated in the Constitution of the Republic of Kosovo. Any property and real rights reform needs to be positioned within the framework of a number of international legal instruments including the European Convention of Human Rights (ECHR). The Constitution of the Republic of Kosovo refers to the application of the standards established by the ECHR and the case law of the European Court of Human Rights (ECtHR). According to Art 22 and 53 of the Constitution of the Republic of Kosovo, the provisions of the ECHR are expressly applicable. When juxtaposing ECHR, ECtHR case-law, EU Law and best legal practices to the domestic regime on property rights, concerns may be expressed above all in relation to a proper definition of the different types of property, lack of an adequate legal framework regarding the definition of which objects are publicly owned, rights of minors and women in relation to access of property by inheritance, just compensation arising from expropriation, socially owned properties in a way to balance rights of owners and tenants, re-establishment of the superficies solo cedit principle, access of foreigners to property, restitution process, lack of harmonisation between the law on property and the one on obligations, acquisition, transfer and protection of ownership, constitutive and declarative character of registration and which rights need to be registered, proper regulation of flat ownership, of construction rights, securities and mortgages. The legislative systems of Austria, Croatia, Germany, Macedonia, Slovenia and Switzerland have been advisedly chosen to serve as a model in order to identify gaps and inconsistencies with European best practices in the existing legislation in Kosovo. A number of these countries were selected by reference to the legal tradition of Kosovo. Some of them have faced similar experiences during the transition period
52C2B6E6-9CFD-4FF9-8D8B-C7A29A19A511.docx