UNIVERSITY OF ZAGREB

FACULTY OF LAW

THE COMPLIANCE OF THE LAW NO. 08/L-013 ON

PROPERTY RIGHTS OF FOREIGN CITIZENS IN THE
REPUBLIC OF KOSOVO WITH EU PRIVATE LAW
(With special emphasizes on immovable property)

Mentor: prof. dr. sc. Tatjana Josipović Student: Agon Drini

Zagreb
2022
 Faculty of Law – University of Zagreb

Content

1. Introduction…………………………………………………………………………………………………………3
2. The approach of the national legislation of the Republic of Kosovo………………………5
3. The compliance…………………………………………………………………………………………………….8
3.1. The “outer” compliance……………………………………………………………………………….8

3.1.1. The “outer” compliance with EU law…………………………………………………..8

3.1.2. The “outer” compliance with international law…………………………………11
3.2. The “inner” compliance………………………………………………………………………………12
3.2.1. The compliance with “Draft Civil Code” of the Republic of Kosovo…….12
3.2.2. The compliance with the Constitution of Kosovo……………………………….14

4. Reasons for the enactment of this Law……………………………….……………………………….15

5. Conclusion…………………………………………………………………………………………………………..18
6. Bibliography………………………………………………………………………………………………………..20

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ABSTRACT: One of the youngest national legislations in the world that of the Republic of
Kosovo, has been enriched by the Law on Property Rights of Foreign Citizens, which had been
promulgated on February 2, 2022. This law by having in consideration property rights, as one
of the most important human rights, regulates the manner how it can be acquired by foreign
citizens, be this acquisition of movable or immovable properties within the territory of the
Republic of Kosovo. In correlation with this, one of the features that makes this law interesting,
as a law of a non-EU Member State, is its relation to EU law. And also its positive discrimination
which is reserved for EU citizens. Despite these features that are not easily to be found in other
national legislations, this law is not a sui generis phenomenon at all when other national
legislations have been considered previously. Therefore, the aim of this research paper is to
reflect on these distinct features of this law in one hand, and on the other hand, to reflect on
its common nature by concentrating on its compliance with EU law. The latter indisputably
will incorporate the comparative methodology, which methodology will provide to this
research paper a number of references on cross-border national legislations. Consequently, in
order to be embodied with an overall knowledge on the subject matter, this research paper
will approach to examples of legal fields, which cross political boundaries of the EU, and
physical boundaries of the European continent too. But boundaries will be crossed in other
contexts also, because within this brief research paper some points will be followed by fields
of constitutional law and international public law. Thus making this research paper an inter-
disciplinary one.

Keywords: property rights, foreign citizens, compliance, immovable property, Republic of

Kosovo, EU law, acquisition of property, ownership, approximation and harmonization with
EU law, national legislation.

1. Introduction
The acquisition of immovable property from foreign legal subjects de facto is a common
phenomenon. It is a legal phenomenon followed by dozens of precedents. But, this
phenomenon is perceived quite differently in different circumstances and national
legislations. For example, in some countries foreign purchasers of immovable properties are
treated with a high hospitability. But, on the other hand, there are many countries which treat
foreign purchasers of immovable properties in a hostile manner, or said legally and softly, in
an unfavourable manner. Historically speaking, “transactions” of immovable properties were
not only private transactions between private legal subjects. But, there are historical
examples, and somehow legal precedents, where transactions of immovable properties have
been successfully concluded between public legal subjects (states) too. The first example of
this that comes in mind is the case of Alaska, which the Russian Empire sold it to the USA. This
famous transaction has been concluded by the “Treaty concerning the Cession of the Russian
Possessions in North America by his Majesty the Emperor of all the Russians to the United

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States of America (June 20, 1867) 1”. Although this case still remains as an unorthodox
precedent, transactions of immovable properties concluded between private and public
subjects, regardless of their nationality, are not unprecedented phenomena at all.
Land (immovable property/real estate) gets more importance when its size is small.
Consequently its quality (or translated differently as “its importance”) increases when its
quantity is lower. But, even though these “transactions” which transfer rights on immovable
properties to foreign citizens may sound as a smart attempt for commercializing and
developing a state, this may sound very risky for many countries. Especially for small sized
countries where land is their outmost value. Hence, such transaction in such countries can
put in peril their internal security, and in some degrees their statehood, due to the fact that
foreign legal subjects by acquiring rights on immovable properties they get a bigger influence
on that state, directly or indirectly. Such an influence reduces the sovereignty of states,
especially of undeveloped small sized states. In certain degrees, when there is a mass
acquisition of immovable properties from foreign citizens, these situations can be regarded
somehow as a “national emergency”. Indeed, these “national emergencies” know to push
forward lawmakers to enact laws with protective nature, regarding to this phenomenon.
Conditionally said, such a thing happened in the Republic of Montenegro. This small sized
coastal country in Adriatic, mostly covered by mountains, and less by inhabitable/agricultural
areas, was being “invaded” by immovable property foreign purchasers, especially by Russian
citizens, shortly after its independence in 2006. The Central Bank of Montenegro has declared
that Russian citizens are the largest real estate purchasers in the country, and that their
interests had increased after the Russian invasion in Ukraine 2. But, the coin must be seen from
both sides. Hence, laws regarding the property rights of foreign citizens on immovable
property must not always be taken as prohibition laws. They also must be taken as laws that
usually enumerate conditions, which foreign citizens must fulfil in order to acquire an
immovable property within that state. Seen from another perspective, these conditions put
foreign purchasers to unequal/disproportional positions in report with national/domestic
purchasers. This legal inequality between legal subjects has been seen as critical to the proper
functioning of the EU internal market. And this very inequality has pushed forward many
changes within national legislations of many EU Member States (hereinafter: MSs),
concerning this question. Some simple things know to be skipped by jurists on their research
papers. The simple thing that does not go without saying here is the fact that: prohibitions or
conditions directed from a national legislation to foreign legal subjects who want to acquire
immovable properties within that state, have not derived just for the protection of public
property (goods), but they have been also established for the protection of private immovable

1
Treaty concerning the Cession of the Russian Possessions in North America by his Majesty the Emperor of all
the Russians to the United States of America: June 20, 1867. Retrieved from
https://loveman.sdsu.edu/docs/1867Alaskapurchasetreaty.pdf

2
Kajosevic, S. (2022, July 7). Russian interest in Montenegrin real estate spikes despite sanctions. Balkan
Insight. Retrieved from https://balkaninsight.com/2022/07/07/russian-interest-in-montenegrin-real-estate-
spikes-despite-sanctions/

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properties of its citizens (private subjects), because private immovable properties are an
inseparable part of the state territory.
Regarding this, is land as a res immobiles3 that important for a state to enact a lex
specialis for it, especially when emphasizes are added to the acquisition of this property from
foreign citizens? Answered shortly and simply to this question: yes. Immovable property for
a state it is of a major importance, because it is directly linked to its notion of statehood. For
further justification of this thesis, paraphrasing international public law is necessary. Because,
within international public law one of the most important international treaties where states,
and subjects who make the advocacy of certain entities, call on for the maintenance or
establishment of their statehood is the “Montevideo Convention on the Rights and Duties of
States (1933)”. Article 1 of this Convention says as follows: “The State as a person of
international law should possess the following qualifications: (a) a permanent population; (b)
a defined territory; (c) government; and (d) capacity to enter into relations with the other
States”4. These qualifications of statehood are extremely hard to be accomplished and
maintained if many immovable properties within that country get acquired by foreign citizens.
So, having foreign citizens as waivers of immovable property rights is usually undesirable from
state authorities, because foreign citizens indisputably have a magnetic effect for external
influence within a state sovereignty. This external influence may jeopardize the very existence
of state sovereignty, especially when there is a new born, small sized, unexperienced,
incapable, and fragile state. Thus, states that are characterised at least by one of these
features may see reasonable grounds to follow the lead of big, developed, and democratic
states, who have enacted ever since laws that protect the immovable property within their
defined territory.

2. The approach of the national legislation of the Republic of Kosovo

Republic of Kosovo by enacting the “Law on Property Rights of Foreign Citizens 5”6
(hereinafter: Law) has chosen to follow the legal pattern of other states, such as: the Republic

3
For the Constitution of Kosovo immovable property has an outmost importance, therefore it has been
enlisted as a natural resource at its Article 122.2 which says: “Natural resources such as water, air space,
mineral resources and other natural resources including land, flora and fauna, other parts of nature,
immovable property and other goods of special cultural, historic, economic and ecologic importance, which
have been determined by law to be of special interest to the Republic of Kosovo, shall enjoy special protection
in accordance with law”. Retrieved from https://gzk.rks-gov.net/ActDetail.aspx?ActID=3702

4
Montevideo Convention on the Rights and Duties of States (1933). United Nations Treaty Collection. Retrieved
from https://treaties.un.org/doc/Publication/UNTS/LON/Volume%20165/v165.pdf

5
The term “foreign citizens” here must be perceived in a wider meaning. Because, regarding to this Law, this
term alongside “natural foreign persons” includes “foreign legal persons” also. Thus has been regulated at the
Article 3 of the respective law. The same practice could be found at the national legislation of the Republic of
Slovenia also.

6
Law on Property Rights of Foreign Citizens in the Republic of Kosovo. Official Gazette of the Republic of
Kosova. Retrieved from https://gzk.rks-gov.net/ActDetail.aspx?ActID=53715

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of Austria7 (“Vienna Law on Real Estate Acquisition for Foreigners”8); the Republic of Croatia
(“Act on Ownership and Other Real Rights”9); the Republic of Slovenia (“Reciprocity Act”10);
etc. But alongside these examples, the Republic of Kosovo, accompanied by other EU MSs,
has followed mainly EU law regarding to this subject matter. And, literally the example of the
latter is what it matters the most. Because, EU law has direct implications on national
legislations of its MSs regarding to the property rights of foreign citizens. But, the
competences of the EU in this subject matter are not exclusive, therefore differences between
national legislations of its MSs exist. This results on the fact that no major theoretical
differences will occur when a non-EU MS choses weather to follow an EU law directly or a
national legislation of an EU MS, regarding this subject matter. But, in order to prevent even
those minor theoretical differences, which in some national legislations of the EU MSs do exist
and which for the Republic of Kosovo as a new player at this legal system may cost a lot, the
EU law to be directly taken as an example would be much more practical and wise. And to
name here EU law as a mere example, and not as a legal source, would be unfair. Because,
legislative acts of national legislations can be taken as examples for drafters of another
national legislation, but the same cannot be said when EU law has been taken as a point of
reference in a drafting procedure of a draft law. This apart for drafters of EU MSs, applies for
drafters of EU candidate states too.
The approach that the national legislation of the Republic of Kosovo has chosen to
treat property rights of foreign citizens, as similar/identical approaches of other national
legislations, could be perceived also as a national policy. This national policy has not found a
way to flourish only within the soil of national legislation of the Republic of Kosovo. Similar
laws have existed long time ago, and still do exist in many countries. Although, the enactment
of such a law in a post-conflict state and a new born republic, like the Republic of Kosovo,
could be perceived as a nationalist action, such a thing would be unnecessary. Because, such
a weak and an unreasonable hypothesis is easily remissible. Because seen from the
perspective of comparative international private law, it results that neither only post-conflict
states, nor only small sized states have such laws. The existence of similar laws within national
legislations of the most democratic, consolidated, and big size countries in the world is the
best justification for showing the totally legal and common nature of this Law of the Republic
of Kosovo, and also its legal compliance with international law. And, the very existence of this

7
For clarity, the fact that the Republic of Austria is a federal republic must be underlined. Because, rules
concerning the property rights of foreign citizens differ from one federal unit to another in the Republic of
Austria. Here, the legislative act of Vienna, related to the subject matter, has been taken conditionally as a
representative of the national legislation of the Republic of Austria.

8
Landesrecht Konsolidiert Wien: Gesamte Rechtsvorschrift für Wiener Ausländergrunderwerbsgesetz. RIS.
Retrieved from https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrW&Gesetzesnummer=20000055

9
Ownership and other real rights - Pravosudna Akademija. Retrieved from
https://pak.hr/cke/propisi,%20zakoni/en/OwnershipandOtherRealRights/EN.pdf

10
Zakon O Ugotavljanju Vzajemnosti (ZUVza). pisrs. Retrieved from
http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1551

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Law within the national legislation of the Republic of Kosovo, literally does not establish any
basis that may entitle it as a sui generis/unorthodox in comparison with similar laws of other
national legislations, be them of EU MSs, or other states. Similar laws are in and outside the
EU MSs. But, the thing is that even within the EU MSs, although of small degree, there are
differences between national legislations towards the subject matter. Some national
legislations have similar laws, but some of them are followed by a more rigid nature. But,
differences on the subject matter know to occur even within a state. The concrete example
of this could be seen in states of federal nature. The example of the Republic of Austria, as
mentioned previously, is one of the best examples that shows that this subject matter is of
that nature, which can be regulated differently within federal states. So, the exclusivity of
regulating the property rights of foreign citizens at an EU MS with a federal nature, does not
belong entirely neither to the EU, nor to the federal legislation of the respective country. But
conditionally said, this exclusivity has been somehow soften and faded by having been to
certain degrees separated as a competence of the EU, of the respective federal legislation,
and the federal unit’s legislations itself. Such a phenomenon cannot occur at the case of the
Republic of Kosovo, which is not a federal country. Therefore, ambiguities of foreign citizens
related to this subject matter in the Republic of Kosovo are expected to be less due to this.
As an example of similar laws which have a bit more rigid nature than this Law of the
Republic of Kosovo, the national legislation of the Kingdom of Denmark could be taken as a
national legislation of one of the EU MSs. Paradoxically, the national legislation of the
Kingdom of Denmark, at its respective law for property rights of foreign citizens, have some
“unfavourable” conditions enlisted explicitly regarding to the acquisition of real property by
foreign citizens. These conditions could be found at Article 1 of the “Consolidation Act on
Acquisition of Real Property”11 which says as follows: “A person who is not resident in Denmark
and who has not previously been resident in Denmark for a total of period of five years may
only acquire title to real property in Denmark after having obtained permission from the
Minister of Justice”12. Even though this provision has been partly soften, by the “Executive
Order”13, with regards to certain citizens (EU citizens …), it still contains elements (de facto,
the element related to residence and the requirement for having a permission from the
Ministry of Justice) that are more rigid compared to this Law of the Republic of Kosovo.
Indeed, this shows why drafters of draft laws of the non-EU MSs must consider much more
EU law sources directly, than national legislations of the EU MSs, which regulate same fields.
Consciously on this, legal drafters of the Republic of Kosovo followed the latter practice and
produced a draft law, based directly on EU law, which now is the enacted Law that in report

11
Consolidation Act on Acquisition of Real Property. Justitsministeriet. Retrieved from
https://www.justitsministeriet.dk/sites/default/files/media/Arbejdsomraader/civilret/consolidation_act.pdf

12
Ibid.

13
Executive Order on Acquisition of Real Property as regards Certain Nationals of EC Member States and EC
Companies as well as Certain Persons and Companies from Countries that have Acceded to the Agreement on
the European Economic Area. Justisministeriet. Retrieved from
https://www.justitsministeriet.dk/sites/default/files/media/Arbejdsomraader/civilret/Erhvervelsesbekendtgoe
relsen_EN.pdf

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with the respective law of the Kingdom of Denmark, stands theoretically in a better position
towards respective standards of the EU, or said differently, in a higher harmonization and
approximation with EU law.

3. The compliance
3.1. The “outer” compliance

3.1.1. The “outer” compliance with EU Law

Regarding the compliance of this Law of the Republic of Kosovo, as a non-EU MS, with EU
law, the ordinary legislative procedure of the Republic of Kosovo to be studied is a must for a
proper analytical synthesis to be made. The Republic of Kosovo as a willing and potential state
for EU membership, who has quite recently submitted its first formal application for a
membership in the EU, from its very beginning has showed a readiness and seriousness to be
in a satisfactory degree in compliance with EU policy in general, and EU law specially. The first
goal, which has to do with putting in compliance the national policy of the Republic of Kosovo
with EU policy, seen from a formal and practical perspective, is an easier aim to be achieved,
than shaping the national legislation of the Republic of Kosovo in conformity with EU law.
Because, changes in politics are less complicated than changes in legislations. A new political
establishment can make quick changes in the foreign policy of the Republic of Kosovo, and so
lead it in or out the EU policies. But, the same cannot be said, and applied for the changes
which determine the approximation and harmonization of a certain national legislation with
EU law. Because, here the golden reminder must be paraphrased: law is evolutionary, politics
is revolutionary. Therefore, changes in law require a great amount of time and professional
commitment. They know to be prolonged and get complicated. Due to this, as elaborated
above, political compliance of the Republic of Kosovo with the EU is not just a short sighted
one. But it is a quite contrary, because it has been already translated to concrete actions
regarding the approximation and harmonization of the national legislation of the Republic of
Kosovo with EU law. The will of the Republic of Kosovo, which has the status of “potential EU
candidate”, to be in compliance with EU law has made its national legislative procedure to
take a very interesting, uncommon, and sui generis form. The ordinary legislative procedure
of the Republic of Kosovo has been structured in such a way, which for other national legal
systems may seem very unfamiliar and demanding. What makes this legislative procedure
uncommon is the existence of the Committee on the European Integration, and its
role/competences within this procedure.

The Committee on the European Integration is a permanent committee14 of the

Assembly of Kosovo, and as other committees this one also is a body of parliament which
aims at giving additional assistance to the work of parliament in certain fields of legislative

14
In some documents it is named as a “standing committee”. Article 77.1 of the Constitution of Kosovo, enlists
three categories of committees of the Assembly of Kosovo, these categories of committees are: 1) permanent
committees; 2) operational committees; and 3) ad hoc committees. The Committee on the European
Integration, as a standing committee, falls within the first category, which reflects its permanent and
important nature.

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procedure. But, it should be emphasized that the competences of this committee are not
constrained just with this, they go beyond legislative procedure. The reason that lays behind
its establishment and existence is the institutional willingness of the Republic of Kosovo to
become an EU MS. Therefore this parliamentary committee is one of the core institutional
bodies that pushes forward the intense agenda of the Republic of Kosovo towards the EU
integration. Among core competences of this permanent committee, what concerns the
ordinary legislative procedure of the Republic of Kosovo the most, is its competence of
checking in advance each draft law and amendment, without any exceptions, whether they
are in compliance with EU law (acquis) or not. And for this respective compliance, indeed a
great amount of credits must be addressed to this committee. Consequently, the institutional
willingness of the Republic of Kosovo to become an EU MS has costed a lot by establishing
this permanent parliamentary committee, and especially by giving to it the exclusive
competence of reviewing the legal compliance between draft laws/amendments and EU law,
before those draft laws/amendments go to the parliament to be voted, and then most likely
to be enacted. So, this phase of the legislative procedure is not just a mere, formal, and easily
skipped procedure. But, it is a mandatory, and an important phase that prolongs very much
the time period of law-making. A great institutional afford is required to fulfil this phase in
every single legislative procedure, for every single draft law. But, on the other hand, the
existence of this committee followed by its mandatory and serious nature reflects directly to
the compliance between legislative acts/amendments of the Republic of Kosovo and EU law.
So, if there is any miscalculation that may reduce the abovementioned compliance, and may
open the way to the legal discrepancies, then the work of this committee, concerning that
respective legislative act/amendment, to be checked would be highly preferable. Seen from
the practical perspective, by having draft laws checked and then, most likely, enacted by the
parliament is a feature that represents a big guarantee concerning the abovementioned
compliance. Because, it is presumed that all draft laws that pass successfully the control of
this committee to be in compliance with EU law. This guarantee works not just for the
lawmakers, but for law enforcement subjects also. The current respective committee has
been established again by the decision of the Assembly 08-V-006 of the 02nd of April 2021,
Assembly, in the Legislature VIII15. And having chronologically in consideration, its
establishment date (April 2, 2021), and on the other hand the enactment date (January 21,
2022) of this Law, it reflects on the fact that this Law has passed successfully the control of
this committee. This is one of the strongest indicators of the compliance of this Law with EU
law. But, this committee was not first of its kind. So, draft laws that have been enacted before
its establishment, have been checked by predecessors of this committee.

The existence of this phase of ordinary legislative procedure is believed to be one of

the most important components that has direct influence on the approximation and
harmonization of the national legislation of the Republic of Kosovo with EU law. From a legal
perspective, it should be emphasized that this phase of legislative procedure in the Republic
of Kosovo will make it much easier its accession to the EU legislation. So, this would make

15
Committees - Kuvendi i Kosovës - assembly-kosova.org. Retrieved from https://www.assembly-
kosova.org/eng/comittees/

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much easier the legal transition of a candidate state to the MS of the EU as a supranational
organization. Due to this intensified institutional commitment of the Republic of Kosovo for
having an approximated and harmonized legislation with EU law, it also would be quite
paradoxical, if the national legislation of the Republic of Kosovo in some spheres would be in
better shapes regarding to EU law, than some spheres of some national legislations of some
EU MSs, which are continually putting at jeopardy the fluidity of EU law. Such a thing may
sound quite implausible, but it is not impossible. Because, if the current legislative acts of the
Republic of Kosovo are analysed, then it could be concluded that this national legislation does
not have an approach that demands on maintaining its “pure national legal elements” that
make it distinct from other national legislations. This national legislation has a very hospitable
and practicable approach towards international law, and especially EU law. Some legislative
acts of it not just are in full compliance/harmonization with EU law, but they enlist explicitly,
within their body, legislative acts of the EU (directives, regulations, etc.) in order to show their
full compliance/harmonization with EU law and their embodied values of EU. This practice is
usually neglected by other national legislations, even though they are in a high compliance
with EU law. The reason behind this is merely because of not wanting to show the
dependence of national legislations of the EU MSs on EU law. But, this practice in the Republic
of Kosovo for draft laws is even mandatory. Article 71.1 (Conditions for tabling a draft law),
Chapter X (Legislative Procedure) of the Rules of Procedure of the Assembly of the Republic of
Kosovo says as follows: “A draft law proceeded to the Assembly shall comprise: 1.3. Statement
of approximation and harmonization with EU legislation, including a Table of Concordance
with acts it shall refer to”16.
Despite all of these indicators that reflect on the compliance of this Law with EU law,
prejudices may still be raised about “nationalistic” approach of this Law, which reflect to its
hostile nature towards foreign citizens. Before concentrating on the compliance of this Law
with EU law, it should be emphasized that this Law, even though its entrance into force may
seem superficially “hostile” to foreign citizens, has not constrained or taken any rights of any
possible citizen, be it a citizen of Kosovo, an EU citizen, or a citizen of another non-EU MS. The
truth is that this Law has entered into force as a lex specialis for regulating the respective
field, in order to reduce legal gaps that may derive from this field. And by doing so, it has not
constrained or taken any right of any citizen. Quite contrary, it has given new/additional rights
to EU citizens on acquiring the ownership title within the Republic of Kosovo. It has achieved
this “positive discrimination” towards EU citizens by excluding the principle of reciprocity, and
not only. Consequently, with this “positive discrimination” EU citizens have been equalled
with citizens of the Republic of Kosovo, on the property rights within the territory of the
Republic of Kosovo. But, on the other hand, it is true that it has established this “positive
discrimination” only for EU citizens, and not for non-EU citizens. But, this does not mean that
this Law has constrained or taken rights of non-EU citizens. Nonetheless, this “positive

16
Rules of Procedures of the Assembly of the Republic of Kosovo. Retrieved from
https://kuvendikosoves.org/Uploads/Data/Files/6/2022_08_09_RulesofProcedureoftheAssemblyoftheRepubli
cofKosovo_mGJNJJBy62.pdf

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discrimination” reserved just for EU citizens can be conditionally translated as a “negative

discrimination” towards non-EU citizens. The paradox here lays on the fact that, this “negative
discrimination”, despite non-EU citizens, can be taken as such by citizens of the Republic of
Kosovo also. Because the Republic of Kosovo by giving these privileges with this Law to EU
citizens, is not receiving back same privileges from EU MSs towards its citizens (of the Republic
of Kosovo). There is no vice-versa here. The reason that lays behind this, as said earlier, is to
fulfil some obligations taken voluntarily by the Republic of Kosovo towards the EU, and to
speed up its membership procedure in the EU. But the absence of this vice-versa does not
exist only here. There are many examples, where there are privileges derived by the national
legislation of the Republic of Kosovo towards EU citizens, which privileges do not apply vice-
versa from national legislations of EU MSs towards citizens of the Republic of Kosovo.
Undoubtedly, the first example that comes in mind is the free movement. The free
movement, which is perceived by some legal scholars as a more important human right than
property rights, is a privilege given by the Republic of Kosovo to the EU citizens, for moving
freely within its territory. But, contrary to this, for a long time EU MSs have not accepted visa
liberalization for the Republic of Kosovo. Consequently, they have prevented citizens of the
Republic of Kosovo from the right of free movement, and they have maintained this approach
for a very long time which has made the Republic of Kosovo one of the most isolated countries
in Europe.

3.1.2. The “outer” compliance with international law

The compliance of this Law with EU law, probably may not be enough to show the
common nature of this Law, or its “unnationalistic” nature. So, a wider comprehensive legal
justification can be required for further clarifications. And, in case of the Republic of Kosovo,
which has embodied and embraced values of international law from its very beginning at its
core, this is not an impossible duty to be accomplished. The national legislation of the
Republic of Kosovo follows the constitutional monism approach, which seen from the
perspective of a constitutionalist this means that enacted international treaties have priority
to laws of the Republic of Kosovo, but not to its constitution. So, derived from this, a
constitution in constitutional monism maintains its supremacy within the legislative hierarchy
of a state. This can be taken as the biggest difference which lays between constitutional
monism and international monism, where at the latter international treaties not only have
priority to laws of a national legislation, but they have priority to that state’s constitution also.
The constitutional monism approach in the Republic of Kosovo has been embodied at the
Constitution of Kosovo17 (2008) itself. Besides this, contrary to many other democratic
constitutions in the world, the Constitution of Kosovo has a provision18 where explicitly direct
applicable international treaties are enlisted. This can be taken as a best democratic

17
Constitution of Kosovo. Retrieved from https://gzk.rks-gov.net/ActDetail.aspx?ActID=3702

18
Ibid. Article 22 (Direct Applicability of International Agreements and Instruments) of the Constitution of
Kosovo.

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constitutional feature, which opens the way for legal security of its nationals or foreigners
too. This indirectly gains the belief of foreign citizens to the national legislation of the Republic
of Kosovo, and makes them assured that investing within this state could be highly profitable.
So, in order to go back at the beginning of this part, it could be said that any discrepancy
between this law and enacted international treaties, it is theoretically possible to be showed
by calling on these international treaties. But, the compliance of this Law with EU law is
enough for showing its legal basis. But, at this Law, even though “positive discrimination” has
been provided exclusively only for EU citizens, emphasizes are added on this Law’s legal
compliance with international law, perceived as “international agreements”. This is embodied
at Article 1.1, of the Law which says as follows: “Foreign natural and legal persons have the
right to be holders of property rights in the territory of the Republic of Kosovo, based on the
principle of reciprocity and requirements specified in this law or International Agreement”. So,
for EU citizens what it matters is the part of this Law that is in compliance with EU Law. On
the other hand, for non-EU citizens what it matters is the part of this Law which is in
compliance with international agreements and not only.

3.2. The “inner” compliance

3.2.1. The compliance with “Draft Civil Code” of the Republic of Kosovo
Apart from the legal compliance of this Law with EU law, which could be conditionally
perceived as an outer or supranational compliance, there is an inner compliance (within
national legislation of the Republic of Kosovo) of this Law with other legislative acts. And for
legislative acts that fall at the domain of civil matters it is expected firstly to see their
compliance with the highest legislative act within a national legislation which regulates civil
matters, and which in continental legal system is usually a civil code. The national legislation
of the Republic of Kosovo has not been enriched with its first civil code yet. This civil code,
that it is about to be enacted, would make it easier for foreign citizens to rely on the national
legislation of the Republic of Kosovo for entering, changing, and terminating civil legal
relationships within the Republic of Kosovo, or with its citizens. But, such a relief on the legal
know-how is about to come. Because, the ongoing procedures of a commission of the Ministry
of Justice, are dealing with the final draft of the first civil code of the Republic of Kosovo.
Hence, for this subject matter, it is very substantive to mention the fact that the first
commission who worked on drafting this civil code was in cooperation with the EU project
“Support to the Civil Code property rights”. The aim of this project was to strengthen the rule
of law in the Republic of Kosovo, in particular to support the Republic of Kosovo in drafting
the modern Civil Code in accordance with the EU Acquis, and the improvement of the legal
framework, including obligations law, property law, family law and inheritance law19. The aim
of this civil code is to codify the civil law of the Republic of Kosovo in substance. Although this
civil code has not been enacted and entered to force yet, its approach regarding the
acquisition of immovable property from foreign citizens could be conditionally analysed from

19
Project - Civil Code of the Republic of Kosovo. Retrieved from https://md.rks-gov.net/page.aspx?id=2%2C94

Law on Property Rights of Foreign Citizens in the Republic of Kosovo I 12

 Faculty of Law – University of Zagreb

the “Draft Civil Code of the Republic of Kosovo” 20. Said conditionally due to the fact that this
draft code has not yet been enacted, and consequently there is a possibility for its change.
But, most likely, any possible changes that may impact the acquisition of immovable property
from foreign citizens will not be needed. Mostly changes are being demanded in other civil
matters, but not for this subject matter. This first civil code, that is about to come into force,
is believed that not only will have a renewed/contemporary approach to civil matters, but
also it is believed and expected to reduce the complexities on dealing with legal civil matters.
Nonetheless, here emphasizes are added to the (Draft) Civil Code, it should be said that there
(at the Draft Civil Code) is almost nothing explicitly reserved for the property rights of foreign
citizens. This is not a special case only for the Republic of Kosovo. Many civil codes of different
national legislations do not regulate this subject matter directly or explicitly. For example in
the Federal Republic of Germany even though this field has been already legally normed from
respective legislative acts, it has not been explicitly regulated by the “Bürgerliches
Gesetzbuch21”. The same could be said for the Republic of France (where the “Code civil des
Français”22 is in force), the Kingdom of Spain (where the “Código Civil23” is in force), and the
Republic of Albania (where the “Kodi Civil”24 is in force). This is because civil codes usually
regulate the substance of civil law, and not specific fields such as it is the property rights of
foreign citizens. Many national legislations regarding the formal regulation of the property
rights of foreign citizens do follow a pattern which mainly it is based on a relationship between
a constitution and a respective legislative act. In these national legislations the subject matter,
instead of being regulated by civil codes, it is regulated superficially by constitutions (as lex
generalis and lex superioris), and in a detailed manner by respective legislative acts (as lex
specialis). So, the fact that the national legislation of the Republic of Kosovo does not possess
a civil code still, it does not change much, if nothing, regarding to this subject matter. This
subject matter within the Republic of Kosovo, after the entrance into the force of the civil
code, will resume to have its legal basis on this Law. Therefore, as a conclusion for this
“future” compliance of the Law with the Civil Code of the Republic of Kosovo it could be said
that this legal compliance will be easy and based on many common grounds. The facts that
this Civil Code has been drafted within the spirit of the EU Acquis, and at the time period in
which coincided with the drafting time period of this Law are just two of many reasons that

20
Draft Civil Code of the Republic of Kosovo. Retrieved from https://md.rks-
gov.net/desk/inc/media/89AFEE64-B2C2-4B74-B15C-CCE8C3EC76E7.pdf

21
German Civil Code (BGB). German Civil Code BGB. Retrieved from https://www.gesetze-im-
internet.de/englisch_bgb/index.html#gl_p3987

22
French Civil Code. Retrieved from https://www.fd.ulisboa.pt/wp-content/uploads/2014/12/Codigo-Civil-
Frances-French-Civil-Code-english-version.pdf

23
Spanish Civil Code. Retrieved from https://www.icj.org/wp-content/uploads/2013/05/Spain-Spanish-Civil-
Code-2012-eng.pdf

24
Albanian Civil Code. Retrieved from http://www.cclaw.al/wp-content/uploads/law/The-Albanian-Civil-
Code.pdf

Law on Property Rights of Foreign Citizens in the Republic of Kosovo I 13

 Faculty of Law – University of Zagreb

make this “future” legal compliance between these legislative acts to sound more plausible
and tangible.

3.2.2. The compliance with the Constitution of Kosovo

Every single legislative act, no matter in which domain it may fall, must be checked
whether it is in compliance with the constitution of the national legislation in which it belongs.
Otherwise the constitutionality of that legislative act may be left aside as an open question.
This pattern for having the need to be checked, unconditionally applies to this Law also. So,
alongside other legislative acts, this Law must be checked whether it is in legal compliance
with the Constitution of Kosovo. This constitution provides some constitutional provisions
which refer explicitly to the subject matter. So, the national legislation of the Republic of
Kosovo regarding to the subject matter, does not have only this Law (as lex specialis), but it
has also its Constitution (as lex generalis). This shows that national legislation of the Republic
of Kosovo is not poor in its approach to the property rights of foreign citizens. In order to give
to this Law a wider inner legal basis, it would be quite reasonable some of these constitutional
provisions to paraphrase. Article 119.1, Chapter IX (Economic Relations) of the Constitution
of Kosovo says as follows: “The Republic of Kosovo shall ensure a favorable legal environment
for a market economy, freedom of economic activity and safeguards for private and public
property”. There §1 is followed by §2 which says as follows: “The Republic of Kosovo shall
ensure equal legal rights for all domestic and foreign investors and enterprises”. By not getting
enough with these above cited constitutional provisions, the Constitution of Kosovo provides
other additional provisions which have direct implications upon this Law and the subject
matter. Among them Article 121.2, Chapter IX (Economic Relations) must be distinguished.
This constitutional provision says as follows: “Foreign natural persons and foreign
organizations may acquire ownership rights over immovable property in accordance with such
reasonable conditions as may be established by law or international agreement”. At this
respective constitutional provision the term “law” has to be highlighted in order to show that
somehow the Constitution of Kosovo itself wanted the existence of this Law, by providing to
the latter the constitutional basis for its existence. Therefore, alongside many reasons which
pushed forward the enactment of this Law, this constitutional provision could be regarded
also as one of those reasons. But, as will be showed at the following chapter, the main reason
which pushed forward the enactment of the Law was another one. So, although this
constitutional provision followed by other constitutional provisions, provided a constitutional
basis for the enactment of this Law, it was not the leading factor behind this enactment.
Speaking of constitutionality or unconstitutionality, a constitutional provision of the
Constitution of Kosovo regarding the authorized parties who may fill a complaint before the
Constitutional Court of Kosovo must be paraphrased. Article 113.7 (Jurisdiction and
Authorized Parties) of the Constitution of the Kosovo says as follows: “Individuals are
authorized to refer violations by public authorities of their individual rights and freedoms
guaranteed by the Constitution, but only after exhaustion of all legal remedies provided by
law”. The reason why this constitutional provision has been paraphrased right here has to do
with the rights of foreign citizens in the Republic of Kosovo also. Because, here the notion

Law on Property Rights of Foreign Citizens in the Republic of Kosovo I 14

 Faculty of Law – University of Zagreb

“individuals” must be understood from a wider perspective. By individuals here it is

understood not only for physical persons, but also for legal persons. On the other hand,
additionally this constitutional provision does not belong only to citizens of the Republic of
Kosovo, but it belongs to every single individual, be it citizen of the EU or not 25, whose rights
recognized by this Constitution have been infringed by the public authorities of the Republic
of Kosovo. So, this constitutional provision, even though does not have any correlation with
the constitutionality or unconstitutionality of this Law, it has to do a lot with the enhancement
of national legislation of the Republic of Kosovo towards foreign citizens. Especially, for EU
citizens who can rely on the national legislation of the Republic of Kosovo, and who can start
investing within the Republic of Kosovo, thus widening the EU internal market outside the
political boundaries of the EU. So, this national legislation leaded by its constitution, not only
is providing to foreign citizens legal rights, but it is also providing them legal protection. So,
fitted simply for this constitutional right, in an hypothetical situation an EU citizen whose
constitutional rights recognized by the Constitution of Kosovo, have been infringed by the
public authorities of the Republic of Kosovo while he was trying to purchase a property within
Kosovo by being based on this Law, after exhausting all legal remedies may fill an individual
complain before the Constitutional Court of Kosovo. Indeed, this constitutional right that has
been given to individuals by the Constitution of Kosovo is absent in many states. But, regarding
this constitutional right for individuals (physical or legal persons), the national legislation of
the Republic of Kosovo has followed the pattern of the European Court of Human Rights,
which pattern is located within Article 34 of the European Convention on Human Rights26,
which says that legal persons can act as individuals as far as their infringed rights fall in the
domain of human rights. This is also another reflection of the embodiment of the national
legislation of the Republic of Kosovo with European values. And also it is a reflection of the
fact that the national legislation of the Republic of Kosovo do not acquire European values
only from the EU, but from other international organizations of the Europe, such as it is in this
case the Council of Europe. But, for the subject matter, which is the property rights of foreign
citizens, there a wider approach in EU law.

4. Reasons for the enactment of this Law

The approximation and harmonization of national legislations of the EU MSs with EU law
regarding the property rights of foreign citizens was a step towards the enhancement of the
EU internal market. In fact the very existence of the EU law provisions concerning this field
have derived exclusively for the further enhancement of internal market of the EU. Otherwise,
as seen from the rich practice of the EU law, most likely the EU would not take affords on
legally regulating this field. And then making these legal frameworks binding to its MSs. Even

25
Example of a case when a foreign legal person is an individual complainant. See: Constitutional Court of
Kosovo. Aktvendim për Pranueshmëri në rastin nr. KI24/22. Retrieved December from https://gjk-ks.org/wp-
content/uploads/2022/11/ki_24_22_av_shq.pdf

26
European Convention on Human Rights. Retrieved from
https://www.echr.coe.int/Documents/Convention_ENG.pdf

Law on Property Rights of Foreign Citizens in the Republic of Kosovo I 15

 Faculty of Law – University of Zagreb

though the approximation and harmonization of the national legislation of the Republic of
Kosovo with EU law regarding to the subject matter, that has been fruitfully concluded by the
enactment of this Law, has enhanced to the certain degree trading circumstances, could not
be said that purely was a direct action towards the enhancement of the internal market.
Firstly, Kosovo do not belong to the EU internal market in order to be capable for enhancing
it. And secondly, this action has been taken, above all, for speeding up the membership
process of the Republic of Kosovo to the EU. So, this action within the national legislation of
the Republic of Kosovo had been more generated by political aims than by economic aims.
But, contrary to the Republic of Kosovo and many other states that approximated and
harmonized their national legislations with EU law regarding this field, in order to speeding
up their membership process to the EU, the Swiss Confederation had been pushed mainly by
economic reasons on this aspect. It is widely known that the Swiss Confederation, although
ever since it has fulfilled conditions of being an EU MS, did not have and do not have serious
intentions on becoming an EU MS. Consequently, it does not have intentions also for
approximating and harmonizing its national legislation with EU law, in order to speed up any
procedure of its entrance to the EU family. But, regardless of this, the Swiss Confederation
generated fundamentally by economic aims has chosen to modify its national legislation that
may be seen also as an approximation and harmonization with EU law, regarding property
rights of foreign citizens in the Swiss Confederation. But, alongside this example, the Swiss
Confederation has been leaded again by economic aims, which have pushed it forward to its
entrance into the Schengen Zone 27, which zone for the internal market of the EU has an
indisputable importance. Except the Swiss Confederation, the Kingdom of Norway and the
Republic of Iceland are members of the Schengen Zone as non-EU MSs28. The example of the
Swiss Confederation reflects on the fact that states do not approximate and harmonize their
national legislations just for entering or remaining within the EU. But, they do so, because
they are aware of the fact that EU law has direct and fundamental effect on the welfare of
the internal market.
The reasons which lay behind the abovementioned actions that have been taken by the
Swiss Confederation, the Kingdom of Norway, and the Republic of Iceland, as non-EU MSs,
regarding the Schengen Zone or the respective legal regulations on the foreign property rights
of foreign citizens are quite understandable. Their actions towards the EU had a “win-win”
result. But, what were the reasons for the Republic of Kosovo to enact such a law? As said
before, the enactment of this Law within the national legislation of the Republic of Kosovo
had been generated purely by political aims/reasons, and not directly by economic reasons
such as in the abovementioned non-EU MSs. These political aims of the Republic of Kosovo
can be simply translated as its institutional willingness to be an EU MS. And all actions that

27
Migration, S. S. The entry into Switzerland or a country within the Schengen Area. Startseite. Retrieved from
https://www.sem.admin.ch/sem/en/home/themen/einreise/einreise-ch-schengen.html

28
Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of
Norway concerning the latters' association with the implementation, application and development of the
Schengen acquis. EUR. Retrieved from https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX%3A21999A0710%2802%29&qid=1670847312174&from=EN

Law on Property Rights of Foreign Citizens in the Republic of Kosovo I 16

 Faculty of Law – University of Zagreb

are being taken by the Republic of Kosovo to approximate and harmonize its national
legislation with EU law derive from this willingness. But, was the enactment of this Law merely
a voluntarily act taken from the Republic of Kosovo? No, the enactment of this Law, although
it was a desirable action towards the speeding up of accession of the Republic of Kosovo to
the EU, was a fulfilment of the obligation that the Republic of Kosovo had taken from the so-
called “Stabilization and Association Agreement between the European Union and the
European Atomic Energy Community, of the one part, and Kosovo *, of the other part”29
(hereinafter: SAA). The SAA has been concluded by having in the consideration its importance
in “the framework of the Stabilisation and Association Process (SAP) 30 with the Western
Balkans, in the establishment and consolidation of a stable European order based on
cooperation, of which the EU is a mainstay”31. Article 65.3 of the SAA (16.03.2016) says as
follows: “Kosovo shall, within five years from the entry into force of this Agreement, grant
national treatment to EU nationals acquiring real estate on its territory”32. So although after
the required time, the Republic of Kosovo has fulfilled this obligation that it had towards the
EU, by enacting this Law, which entered into force at the beginning of 2022. Alongside as a
potential candidate member for the EU, other states of the Western Balkans have concluded
similar agreements with the EU, as part of the Stabilisation and Association Process. The
Republic of Albania, which now has acquired the title of the “candidate country” has
concluded its SAA33 with the EU. Among other Western Balkan countries, the Republic of
North Macedonia has concluded its SAA34 with the EU also.

29
Stabilisation and Association Agreement between the European Union and the European Atomic Energy
Community, of the one part, and Kosovo *, of the other part. EUR. Retrieved from https://eur-
lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22016A0316%2801%29

30
The Stabilisation and Association Process (SAP) is the European Union's policy towards the Western Balkans,
established with the aim of eventual EU membership. Western Balkan countries are involved in a progressive
partnership with a view of stabilising the region and establishing a free-trade area. The SAP sets out common
political and economic goals although progress evaluation is based on countries' own merits. For more see:
Stabilisation and Association Process. European Neighbourhood Policy and Enlargement Negotiations.
Retrieved from https://neighbourhood-enlargement.ec.europa.eu/enlargement-policy/glossary/stabilisation-
and-association-process_en

31
Stabilisation and Association Agreement between the European Union and the European Atomic Energy
Community, of the one part, and Kosovo *, of the other part. L 71/3. EUR. Retrieved from https://eur-
lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22016A0316%2801%29

32
Ibid. L 71/21

33
Stabilisation and Association Agreement between the European Communities and their Member States, of
the one part, and the Republic of Albania, of the other part - Protocols - Declarations. EUR. Retrieved from
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A22009A0428%2802%29

34
Stabilisation and Association Agreement between the European Communities and their Member States, of
the one part, and the former Yugoslav Republic of Macedonia, of the other part. EUR. Retrieved from
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A22004A0320%2803%29

Law on Property Rights of Foreign Citizens in the Republic of Kosovo I 17

 Faculty of Law – University of Zagreb

Regarding to this subject matter, the Republic of Croatia also as a Western Balkan country
had a similar approach. The Republic of Croatia had concluded its SAA35 with the EU, which
SAA had similar requirements regarding to the subject matter36. And as a matter of fact, the
Republic of Croatia, after fulfilling many requirements of the SAA, and especially by
harmonizing and approximating its national legislation with EU law, entered to the EU 37.
Indeed, the accession of the Republic of Croatia to the EU has highlighted the fact that other
Western Balkan countries must consider enormously requirements enumerated on their
respective SAA, in order to become an EU MS. Therefore, the example of the Republic of
Croatia as an EU MS now, it is pretty convenient to be taken for the Republic of Kosovo as a
country who is seeking its EU membership. For this many reasons can be enumerated, but
the most important ones are the fact that the Republic of Croatia is the latest member state
entering to the EU, therefore its membership process is still very new, and close to the spirit
of the new EU enlargement policy. Also, having shared the same economic, political, and legal
system for decades, it brings these two countries in a close relationship. But, the example of
the Republic of Croatia regarding this subject matter which was enriched by the enactment
of its Act on Ownership and Other Real Rights 38, by the Republic of Kosovo must not be taken
as a point of reference only on its pre-accession period. In a hypothetical situation where the
Republic of Kosovo joins the EU, the example of the Republic of Croatia on its post-accession
period would be an important one also for this subject matter. Because, the Republic of
Croatia although had enacted the respective legislative act concerning this subject matter
before joining the EU, it had to make some changes or to keep somethings unchanged after
its accession to the EU.

5. Conclusion
Indeed, the enactment of this Law, without mentioning the fact that benefits directed
to EU citizens do not apply to citizens of the Republic of Kosovo with a boomerang effect, was
a huge concession from the behalf of the Republic of Kosovo towards its long, demanding,
and complex journey to the EU membership. One of the reasons for emphasising this is the

35
Stabilisation and Association Agreement between the European Communities and their Member States, of
the one part, and the Republic of Croatia, of the other part. EUR. Retrieved from https://eur-
lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A22005A0128%2801%29

36
For more see: Josipovic, T. Acquisition of Agricultural Land by Foreigners and Family Agricultural Holdings in
Croatia –Recent Developments. View of acquisition of agricultural land by foreigners and Family Agricultural
Holdings in Croatia. Retrieved from https://ojs.mtak.hu/index.php/JAEL/article/view/5808/4608

37
The Republic of Croatia joined the EU on 1 July 2013, after having concluded its accession treaty on 9
December 2011. For more see: ACT concerning the conditions of accession of the Republic of Croatia and the
adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the
Treaty establishing the European Atomic Energy Community. EUR. Retrieved from https://eur-
lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012J%2FACT

38
Ownership and other real rights - Pravosudna Akademija. Retrieved from
https://pak.hr/cke/propisi,%20zakoni/en/OwnershipandOtherRealRights/EN.pdf

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 Faculty of Law – University of Zagreb

fact that the Republic of Kosovo is still a very young country for taking such actions that may
cause many problems on its relatively small territory. But, what is the most important thing
to be emphasized regarding to this matter is the fact that the Republic of Kosovo still is in a
post-conflict period, where many transitions do happen. As part of these transitions that
followed the transformation of this country, from a communist system to an open market
system, is the privatization process. This complex process, as in many Eastern European
countries who used to be under the communist system, has not been realized properly in the
Republic of Kosovo. But quite contrary, many state owned properties have been sold out
improperly to the citizens of the Republic of Kosovo who benefited enormously from this
process. Lands of the highest value within the Republic of Kosovo have been sold out, in some
cases, for extremely low prices. Having in regard this, to introduce to this small country which
is in an ongoing privatization procedures new potential purchasers to its state owned
properties was a quite demanding duty to be accomplished. And a big number of these state
owned properties that are awaiting to be purchased by the privatization process are lands.
So, this means a lot for the Republic of Kosovo which is a small sized country, only with
10.905.25 km², where approximately 1.78 million people live on it 39. But, this is not the only
concession that the Republic of Kosovo had taken towards its EU integration process. Another
concession which had negative impacts on its small territory is the historical concession where
the territory of the Republic of Kosovo has been taken by the Republic of Montenegro as a
result of the Border Demarcation Agreement between these two republics. As a result of this
demarcation process it is believed that many parts of the territory of the Republic of Kosovo
had been lost. Nevertheless, it does not go without emphasizing the fact that this concession
even though was supported by the EU, it was not an obligation which derived from the SAA,
which back then did not exist, but it was a result of a bilateral agreement between the
abovementioned republics in 201540.
The very enactment of this Law has not just reflected on the institutional willingness
of the Republic of Kosovo to join the EU, but at the mean time on one hand it has reflected
on the ongoing harmonization and approximation of its national legislation with EU law, and
on the other hand it has marked a concrete step towards the fulfilment of obligations that
derive from the SAA, as a prerequisite to the accession of the Republic of Kosovo to the EU.

39
Kosovo in Figures, 2021. Kosovo Agency of Statistics. Retrieved from https://ask.rks-gov.net/en/kosovo-
agency-of-statistics/add-news/kosova-ne-shifra-2021

40
Law No. 06/L –060 on Ratification of the Agreement on the State Border between the Republic of Kosovo
and Montenegro. Official Gazette of the Republic of Kosovo. Retrieved December from https://gzk.rks-
gov.net/ActDetail.aspx?ActID=16390

Law on Property Rights of Foreign Citizens in the Republic of Kosovo I 19

 Faculty of Law – University of Zagreb

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 Faculty of Law – University of Zagreb

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