Constitutional Court of Kosovo

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Constitutional Court of Kosovo
Established 2009
Country Republic of Kosovo[a]
Location Pristina
Composition method Legislative & executive selection
Authorized by Constitution
Judge term length 6 years
Number of positions 9
Website http://www.gjk-ks.org
President
Currently Enver Hasani, Ph. D.

The Constitutional Court of Kosovo (Albanian: Gjykata Kushtetuese e Kosovës; Serbian: Ustavni sud Kosova) is the final authority for the interpretation of the Constitution of Kosovo and judicial review of laws for compliance with the constitution. The Constitutional Court is located in Prishtina, the capital of Kosovo.[1] The Constitutional Court was established shortly after Kosovo's independence and heard its first cases in 2009.

History[edit]

Before 2009, constitutional review in Kosovo had either been absent or exercised by other courts. Under the 1974 constitution, the constitutional chamber of the Supreme Court was vested with the authority to review legislative acts for compliance with the higher law. The 1990 constitution of the Republic of Kosovo provided for a Constitutional Court (Albanian: Gjyqi Kushtetues), but Serbian control over Kosovo did not permit for the court to come into being.

During the UNMIK international administration, the 2001 Constitutional Framework envisaged a "Special Chamber of the Supreme Court" to review the constitutionality of legislative acts.[2] However, ultimate authority was, as was political power itself, vested in the UN-appointed administrator of Kosovo.

The current Constitutional Court was established by the 2008 constitution, which came into effect months after Kosovo's declaration of independence. The Court heard its first cases in 2009.

Composition[edit]

The Constitutional Court is composed of nine judges, appointed by the President of the Republic upon the proposal of the Assembly of Kosovo.

Members of the court are:

  • Enver Hasani (Albanian)
  • Kadri Kryeziu (Albanian)
  • Arta Rama (Albanian)
  • Altay Suroi (Turkish)
  • Ivan Čukalović (Serb)

With international judges:

  • Snezhana Botusharova-Doicheva (Bulgaria)
  • Robert Carolan (U.S.A.)
  • Almiro Simões Rodrigues (Portugal)

Organisation[edit]

Notable decisions[edit]

In a seminal case, the Court invalidated the 2011 presidential election, holding that the procedure used to appoint Behgjet Pacolli as head of state was unconstitutional.[3]

Following the 2014 parliamentary election, the Court became the focus of Kosovo politics, ruling on the formation of the executive and election of the Assembly speaker. The Court heard two cases. After no party obtained a majority in the general election, the President of the Republic petitioned the Court for an advisory opinion on whom the President was expected to appoint as candidate for prime minister. The majority of judges advised that the President appoint the candidate proposed by the party that had won a plurality in the election,[4] even though smaller parties had now formed a coalition and held the parliamentary majority needed to get the candidate elected. In the second case, the Court majority invalidated the election of a minority party candidate as speaker of the parliament, holding that that the indefinite right to propose the candidate for speaker of the Assembly belonged to the party that had won the most votes in the general election.[5]

Notes[edit]

  1. ^ Kosovo is the subject of a territorial dispute between the Republic of Serbia and the Republic of Kosovo. The latter declared independence on 17 February 2008, but Serbia continues to claim it as part of its own sovereign territory. Kosovo's independence has been recognised by 108 out of 193 United Nations member states.
  2. ^ 2001 Constitutional Framework (Kosovo), § 9.4.11.
  3. ^ Judgement of 28.03.2011 n° KO 29-11
  4. ^ Judgement of 30.06.2014 n° KO 103-14
  5. ^ Judgement of 21.08.2014 n° KO 119-14

External links[edit]