Week Five: Trust Building
So much international aid and expertise has gone into the development of the Republic of Kosovo. It is a test ground for the newest ideas in Post-Conflict Peace Building, Rule of Law, and Democracy. The Constitutional Court consults frequently with outside bodies like the Venice Commission to brainstorm the best precedent for the nation's interpretation of constitutional law. But what do its citizens think of their institutions? ? Inflation is high and wages are low. With a predominately young population, this leads to discontent. It is true that many (if not all) countries are experiencing post-COVID economic woes. However, with its recent development and precarious status, Kosovo faces unique challenges.Do the citizens of Kosovo believe in an independent judiciary and rule based on law? If they don’t, what does that mean for the future development of Kosovo? When an institution comes around after you have finished school, maybe even grown up in a wholly different form of government, and claims to be the Supreme Authority, what would it take for you to believe it?
In the United States, the judiciary and Supreme Court holds an almost sacrosanct place. Decisions, even unpopular ones, are carried out. Whispers of corruption or ineptitude are the exception rather than the rule. Kosovo-- like most formerly Communist countries-- has a different relationship with the government, and especially the judiciary. The concept of an independent judiciary is fairly foreign, and to many, viewed with suspicion. Why would you wanted a divided, as opposed to a united, form of government?
When I talk to Kosovars outside of the legal system, I am struck by their skepticism. Many doubt the integrity of the courts generally and the judges themselves. When asked why, they simply say it’s the way it has always been. This, of course, breeds a system of indifference or even contempt for the law, leading to low civic interest or engagement. At the Constitutional Court, I have met young and old legal minds that are dedicated to working for the development of their nation. The level of professionalism and caliber of research is on par with any other government in the world. They work just as hard, if not harder, than any lawyer I have met. How do you show this to the world? You cannot force people to pay attention to what the court is doing.
The Court came of age around the same time as social media. Perhaps this is one of the measures courts can take to reach out to the population, especially young people. The Constitutional Court, like many agencies, has a growing social media presence. But how do you adapt the solemn, detailed nature of the judiciary to the flashy, short-attention world of social media? Time will tell.