IDEAS home Printed from https://ideas.repec.org/a/bpj/lawdev/v13y2020i1p59-94n6.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ldr-2019-0010
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/ldr-2019-0010?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    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, Decembrie.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Skoufias, Emmanuel & Narayan, Ambar & Dasgupta, Basab & Kaiser, Kai, 2011. "Electoral accountability, fiscal decentralization and service delivery in Indonesia," Policy Research Working Paper Series 5614, The World Bank.
    2. Fabio Fiorillo & Agnese Sacchi, 2012. "The Political Economy of the Standard Level of Services: The Role of Income Distribution," CESifo Working Paper Series 3696, CESifo.
    3. De Donder, Philippe & Hindriks, Jean, 2007. "Equilibrium social insurance with policy-motivated parties," European Journal of Political Economy, Elsevier, vol. 23(3), pages 624-640, September.
    4. Hubert Tworzecki, 2019. "Poland: A Case of Top-Down Polarization," The ANNALS of the American Academy of Political and Social Science, , vol. 681(1), pages 97-119, January.
    5. Gantner, Anita & Horn, Kristian & Kerschbamer, Rudolf, 2019. "The role of communication in fair division with subjective claims," Journal of Economic Behavior & Organization, Elsevier, vol. 167(C), pages 72-89.
    6. Markus Leibrecht & Hans Pitlik, 2014. "Generalised Trust, Institutional and Political Constraints on the Executive and Deregulation of Markets," WIFO Working Papers 481, WIFO.
    7. Stanley L. Winer & George Tridimas & Walter Hettich, 2007. "Social Welfare and Collective Goods Coercion in Public Economics," Carleton Economic Papers 07-03, Carleton University, Department of Economics.
    8. Jeffry Frieden & Stefanie Walter, 2019. "Analyzing inter-state negotiations in the Eurozone crisis and beyond," European Union Politics, , vol. 20(1), pages 134-151, March.
    9. Mansoob Murshed, 2006. "Indivisibility, Fairness, Farsightedness and their Implications for Security," WIDER Working Paper Series RP2006-28, World Institute for Development Economic Research (UNU-WIDER).
    10. Steven Brams & D. Kilgour & Christian Klamler, 2012. "The undercut procedure: an algorithm for the envy-free division of indivisible items," Social Choice and Welfare, Springer;The Society for Social Choice and Welfare, vol. 39(2), pages 615-631, July.
    11. Sutirtha Bagchi, 2013. "The Effects of Political Competition on the Funding and Generosity of Public-Sector Pension Plans," 2013 Papers pba941, Job Market Papers.
    12. Wildasin, David E., 2007. "Pre–Emption: Federal Statutory Intervention in State Taxation," National Tax Journal, National Tax Association;National Tax Journal, vol. 60(3), pages 649-662, September.
    13. Eric Ip, 2014. "The judicial review of legislation in the United Kingdom: a public choice analysis," European Journal of Law and Economics, Springer, vol. 37(2), pages 221-247, April.
    14. Libman, Alexander & Vinokurov, Evgeny, 2016. "Региональные Организации: Типы И Логика Развития [Regional Organizations: Typology and Development Paths]," MPRA Paper 79383, University Library of Munich, Germany.
    15. Lisa Grazzini & Alessandro Petretto, 2012. "Voting on devolution in a federal country with a bicameral national system," Economics of Governance, Springer, vol. 13(1), pages 51-72, March.
    16. Niklas Potrafke, 2012. "Political cycles and economic performance in OECD countries: empirical evidence from 1951–2006," Public Choice, Springer, vol. 150(1), pages 155-179, January.
    17. Lars P. Feld & Justina A.V. Fischer & Gebhard Kirchgässner, 2010. "The Effect Of Direct Democracy On Income Redistribution: Evidence For Switzerland," Economic Inquiry, Western Economic Association International, vol. 48(4), pages 817-840, October.
    18. Alejandro Saporiti, 2008. "Existence and Uniqueness of Nash Equilibrium in Electoral Competition Games: The Hybrid Case," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 10(5), pages 827-857, October.
    19. Wildasin, David E., 2010. "State Corporation Income Taxation: An Economic Perspective on Nexus," National Tax Journal, National Tax Association;National Tax Journal, vol. 63(4), pages 903-924, December.
    20. RAMAEKERS, Eve, 2010. "Fair allocation of indivisible goods among two agents," LIDAM Discussion Papers CORE 2010087, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:lawdev:v:13:y:2020:i:1:p:59-94:n:6. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.