Gogic: Civil Code would align human rights framework in Kosovo with European legislation

Political scientist Ognjen Gogic told Kosovo Online that the Civil Code in Kosovo would regulate a wide range of human rights issues, including the registration of same-sex partnerships, with the aim of aligning Kosovo’s legislation with European standards.

Gogic explained to Kosovo Online that this was a broader legislative initiative.

“The idea is for Kosovo to adopt a Civil Code that would regulate a whole range of issues in the field of human rights and consolidate them within a single legislative act. It would cover issues relating to property, contractual obligations, family relations and inheritance. A whole range of matters is included in the document, but the public is most interested in what is perhaps the most controversial issue—the legal status of same-sex partnerships, namely their registration,” Gogic said.

He added that the law and the initiative had long enjoyed the support of the European Union.

“A great deal of time has also been invested in consultations on drafting the text, because the document could resolve inconsistencies that currently exist between certain laws. The idea originated a long time ago and was considered previously, but at the time it encountered public resistance precisely because of the issue of same-sex partnerships. It was therefore withdrawn and the initiative was suspended, but it is now back on the table,” he said.

Regarding same-sex partnerships, Gogic noted that the law provided for the possibility of civil registration of couples, but went no further than that.

“It does not equate a same-sex partnership with marriage, which continues to be defined as a union between a man and a woman. However, this is problematic for certain conservative circles in Kosovo. Members of religious communities have also boycotted the initiative because they consider it unacceptable,” Gogic said.

Nevertheless, he noted that one of the reasons for adopting the law was Kosovo’s desire to align its legislation with European standards.

“This has become part of the European legal framework and, generally speaking, it will take precedence. So they will probably try to discuss the issue at the beginning of the new government’s term. The most unpopular issues are usually dealt with at the beginning of a term, so Albin Kurti’s current government can now afford to face a certain degree of public resistance, while the objective is for the Code to be adopted and incorporated into the legal order, perhaps even before the end of the year. By the time new elections are held, it will no longer be an issue. It is possible that they have decided to adopt the Code in its current form now, with the support of the European Union. This is also linked to Kosovo’s obligations in the accession process and, in a way, these provisions are intended to curry favor with Europe,” Gogic concluded.