The confiscation system of unjustified wealth in the Republic of Kosovo and its compatibility with the european law

Abstract

This thesis's topic sheds light on the confiscation of unjustified wealth and legal alternatives in relation to confiscation. It considers the arguments for and against different confiscation regimes to accelerate the fight against corruption and strengthen the Rule of Law in the Republic of Kosovo. This study's overarching objective is the need for further research in confiscation laws and possible reforms of Kosovo's legal and institutional framework in compliance with theEuropean Laws.The Republic of Kosovo faces many hurdles to detect and prosecute illicit wealth gaining of its officials mainly engaged in corrupt activities. The overnight unjust enrichment of people with charming houses, luxury holidays, extravagant cars suspiciously gained, without being able to explain and not reasonably equivalent to their incomes, has been a big concern for the Kosovar society over decades. To dispense these disturbances, proper confiscation regimes and not necessarily equitable are needed to be set in place. We will see that fair regimes of confiscation are not always effective and that new approaches and methods, even if seen as unfair, shall be considered. Organised crime and corruption have halted Kosovo's progress toward EU integration and the livelihood of the Kosovars. To stump down organised crime and fight corruption for a better quality of life, it is more than necessary an effective regime of confiscation, which would hamper the continuity of criminal activities and reinforce the Rule of Law. Although a lot of work has been done on this issue, more is to be done on the strategic and institutional framework in compliance with European Law.

Date of Award	24 Sept 2021
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Inês Quadros (Supervisor)