Decisions of the Court of Appeals

The Court of Appeals of Kosovo acts as a second instance court, meaning that it adjudicates cases received following an appeal from any of the seven Basic Courts.

In addition, this Court decides on the conflict of jurisdiction between the basic courts and other matters set forth by law.

Judgments of the Court of Appeals

Through a judgment the Court of Appeal may decide to:

  • reject the appeal as unfounded and uphold the challenged judgment;
  • modify the first instance judgment (article 195);

Rulings of the Court of Appeals

Through a ruling the Court of Appeals may decide to:

  • quash the challenged judgment and dismiss the claim;
  • dismiss the appeal as overdue, incomplete or inadmissible;
  • quash the challenged judgment and refer the case back to the Basic Court for retrial (article 195);

Appeals against decisions of the Court of Appeals

The decisions of the Court of Appeals are final and no appeal against them is allowed, but extraordinary remedies are allowed, which may be filed with the Supreme Court of Kosovo.

Filing of an extraordinary remedy does not hinders the enforcement of a final decision.

 

Procedure by extraordinary legal remedies

Extraordinary legal remedies are:

  • Revision;
  • Proposal for repetition of the procedure;
  • Request for Protection of Legality.