Our Scholars 2024 – Kaltrina Kodraliu

Current Occupation and Country of Work?
My name is Kaltrina Kodraliu, and I am an Attorney at Law based in Prishtina, Republic of Kosovo.

How you use European law in your work?
Despite the fact that Kosovo is not yet a member of the European Union, and its accession process to the Council of Europe is currently ongoing, European law plays a significant role in my daily legal work. Specifically, the European Convention on Human Rights (ECHR) is directly applicable within the legal framework of Kosovo, as it is incorporated into the Constitution of the Republic of Kosovo. Article 22 of our Constitution ensures that human rights and freedoms guaranteed by international agreements and instruments, such as the ECHR, are directly applicable in Republic of Kosovo and, in the case of conflict, have priority over provisions of laws and other acts of public institutions.
Moreover, the jurisprudence of the European Court of Human Rights (ECtHR) is also of paramount importance. The Constitution of Kosovo mandates that the interpretation of fundamental rights and freedoms must align with the decisions of the ECtHR. Therefore, the knowledge and understanding of European human rights law are crucial, particularly when initiating cases before the Constitutional Court of Kosovo. Familiarity with European legal principles enables me to ensure that the human rights of my clients are effectively protected, both within the domestic legal system and potentially at the European level in the future.

How did you benefit from the scholarship and the knowledge gained?
The recent endorsement by the Political Committee of the Parliamentary Assembly of the Council of Europe (PACE) for Kosovo’s accession to the Council of Europe marks a significant milestone. Full membership will grant Kosovo the ability to challenge human rights violations at the European Court of Human Rights (ECtHR) after exhausting domestic legal remedies. Until now, legal professionals in Kosovo have had limited exposure to these international mechanisms due to the country’s exclusion from the Council’s framework.
The discussions with professionals in the field, particularly the analysis and examination of case law, have provided me with more detailed insights into the practice of the European Court of Human Rights (ECtHR). This has deepened my understanding of how to effectively initiate cases before the Court. The opportunity to engage with experts has also enriched my knowledge of the procedural aspects and legal strategies required for successful litigation at the ECtHR, which will be invaluable as Kosovo moves closer to accessing this international legal mechanism.
The direct application of the ECHR in Kosovo’s legal system makes this training critical for understanding how to best utilize these international instruments to protect human rights.
In addition, once Kosovo attains full membership in the Council of Europe, legal professionals will need to be adept at navigating international human rights mechanisms, including the ECtHR. The insights and skills gained through this training have enhanced my capability to address complex human rights issues and will prepare me for future cases that may require engagement with European human rights institutions.
I am immensely grateful to ERA for enabling my participation in this invaluable training where I got the chance to hear and discuss with esteemed seminar speakers such as Arpi Avetisyan, Margarita S. Ilieva, and Prof. Daniel Sarmiento. Their insights and contributions brought a wealth of knowledge and unique perspectives to the discussion, enriching the overall experience for all legal practitioners.