History

Historically, Kosovo as a federal unit of the former Yugoslav Federation exercised constitutional control through its constitutional court. Although, the first Constitutional Court in Federal Yugoslavia was established as early as in 1963, due to political and social situation the constitutional control in Kosovo began to be exercised only in 1969.

Based on the Constitutional Law of the Socialist Autonomous Province of Kosovo (hereinafter referred to as ‘SAPK), was initially established the Constitutional branch of the Judiciary within the Supreme Court of Kosovo. The extension of provincial legislative functions following the constitutional amendments of 1971 also influenced on a broader organization in the protection of Constitutionality and Legality. In this regard, the amendment X of the Constitutional Law of SAPK established the Kosovo Constitutional Court as an independent authority for protection of constitutionality and legality, which had the same position and functions as other constitutional courts of republics of former Yugoslav Federation.  

Historically, Kosovo as a federal unit of the former Yugoslav Federation exercised constitutional control through its constitutional court. Although, the first Constitutional Court in Federal Yugoslavia was established as early as in 1963, due to political and social situation the constitutional control in Kosovo began to be exercised only in 1969. Based on the Constitutional Law of the Socialist Autonomous Province of Kosovo (hereinafter referred to as ‘SAPK), was initially established the Constitutional branch of the Judiciary within the Supreme Court of Kosovo. The extension of provincial legislative functions following the constitutional amendments of 1971 also influenced on a broader organization in the protection of Constitutionality and Legality. In this regard, the amendment X of the Constitutional Law of SAPK established the Kosovo Constitutional Court as an independent authority for protection of constitutionality and legality, which had the same position and functions as other constitutional courts of republics of former Yugoslav Federation.  

The Constitution of Kaçanik of 1990, also provided for the establishment of institution of Constitutional Court as guarantor and protector of constitutionality and legality, which due to the abolishment of the Kosovo autonomy and establishment of the Serbian rule over Kosovo, it was never constituted.

After the end of war in 1999 and after Kosovo was put under the UN administration, the Constitutional Framework for Provisional Self Government of 15 May 2001 provided for the establishment of the so-called Special Panel of the Supreme Court on matters related to the Constitutional Framework. Although, this institution was never established and never became operational in practice, the Constitutional Framework determined only the functions of this panel and the entities that may request initiation of procedure; however, it did not define the number of judges or the rules of procedure of the Panel.

Working Group on Establishment of the Constitutional Court

As a result of new political developments in the country and the need to establish key institutions of the Republic of Kosovo, in May 2008, in accordance with decision of the President of the Republic of Kosovo Prof. Dr. Fatmir Sejdiu and the Prime Minister Mr. Hashim Thaçi, Working Group on Establishment of the Constitutional Court was established. This Working Group was authorized to prepare legal framework needed for functioning of the Court; budget for the period 2009, 2010 and 2011; design the organizational structure of the Constitutional Court, as well as prepare the plan for location of the premises of the Constitutional Court of Kosovo. Working Group reflected comprehensive representation of the institutions of Republic of Kosovo (Government and Office of the President), international organizations (USAID, ICO, Council of Europe) and both local and international legal experts, who during the period May – December 2008, have given valuable contribution in realization of all duties assigned to them. Activities of the Working Group have been supported by the Secretariat of the Working Group, through technical and professional assistance provided by the EWMI, funded by UK DFID. Composition of the Working Group.

Co-chairpersons:

  • Prof. Dr Arsim Bajrami - Minister of Public Services MSc.
  • Vjosa Osmani - Senior Adviser, Office of the President of Kosovo

Members:

  • Ramë Manaj - Deputy Prime Minister
  • Nekibe Kelmendi - Minister of Justice Dr.
  • Korab Sejdiu - legal Advisor, Office of the President in Kosovo
  • Dr. Visar Morina - Legal Advisor / MPS
  • Dr. Robert Muharremi - Expert – American University in Kosovo
  • Dr. Gjylieta Mushkolaj - Expert – University of Prishtina
  • MSc. Arta Rama - Expert – University of Prishtina
  • MSc.Xhavit Shala - Legal Advisor / MPS
  • Bedri Bahtiri - Head of the Legislation Division - MoJ
  • Ilaz Ramajli - Expert – lawyer
  • Lazim Salihu - Expert – lawyer
  • Philippe Leroux-Martin - Legal Office of the ICO
  • John Allelo - Senior Rule of law Officer - USAID
  • MSc. Gëzim Kolgeci - Coordinator of the Secretariat of the WG - EWMI
  • Argjentina Grazhdani - Director of the EWMI Office

  • KI 07/17

    Constitutional Review of the Judgment Pml. No. 228/2016 of the Supreme Court of Kosovo, of 20 October 2016 and Judgment PAKR No. 231/2015 of the Court of Appeals, of 6 August 2015

    15.06.2017
  • KI 127/15

    Request for constitutional review of the proceedings pending before the regular courts of the Republic of Kosovo regarding the Case C. No. 850/07 (P. no. 850/07)

    15.06.2017
  • KI 31/17

    Constitutional review of Decision CLM No. 10/2016 of the Supreme Court of Kosovo, of 24 August 2016

    14.06.2017
  • KI 141/16

    Constitutional review of Decision KA. No. 339/2016 of 15 April 2016 of the Court of Appeals of Kosovo, and Notification KMLK. No. 7/16 of 29 July 2016 of the Chief State Prosecutor of the Republic of Kosovo

    14.06.2017
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