Constitutional Court

FAQ

• What is the Constitutional Court’s address and contact number?

  The Court’s address is:

  “Perandori Justinian” Nr.44, 10 000 Prishtinë.

  Tel: +383 (0) 38 60 61 62

  Fax: +383 (0) 38 60 61 70

• How many judges does the Constitutional Court have?

  The Constitutional Court has nine (9) judges.

• What is the main responsibility of the Constitutional Court?

  The main responsibility of the Court is to provide the functionality of the national institutions in accordance with the Constitution and to guarantee the protection of individual rights and freedoms guaranteed by the Constitution. The role and responsibilities of the Constitutional Court are defined in the Constitution of Kosovo and the Law on the Constitutional Court.

• What is the difference between the Constitutional Court and other courts?

  While the courts of other instances deal with the determination of facts, verification of legality of creation and taking of evidence, and with the control of the regular court proceedings, the Constitutional Court deals solely with the constitutional control of the court proceedings conducted before the regular courts. The Constitutional Court is not a fourth instance within the chain of the judicial system.

• Who can file a referral with the Constitutional Court?

  Each authorized party or individual may file a referral with the Court and represent itself. Pursuant to Article 113 of the Constitution of the Republic of Kosovo, the authorized parties to refer the matters to the Constitutional Court are: the Assembly of Kosovo (President of the Assembly and ten or more deputies), the President of the Republic of Kosovo, the Government of Kosovo, the Ombudsperson, municipalities, regular courts and individuals.

• How can I submit a referral with the Constitutional Court?

  Filing of the referral with the Constitutional Court is done by filling the Referral Form, which is also published in the Court’s website together with the “Guidelines” for completing the Form. You may request the Referral Form directly at the Court (although this may take more time). Before filling the Referral Form please consult the “Guidelines” for completing the Form. The referral should be addressed to the Secretary General, must include the date of its submission and must be signed by the person submitting it. You must submit the completed Referral Form by regular mail to this address:

  • Gjykata Kushtetuese e Republikës së Kosovës
  • Sekretari i Përgjithshëm
  • Rr.: “Perandori Justinian”, nr. 44
  • 10 000 Prishtinë
  • Republika e Kosovës

   

  You may personally submit the referral to the Court during regular working hours or via e-mail ([email protected]).

• In what language may I submit the referral?

  You may file your referral in one of the official languages in use in Kosovo, namely, in Albanian and Serbian.

• Can the Court assist me to fill in the Referral Form?

  No. The Court cannot assist you in completing the Referral Form. The Court must remain neutral on all referrals filed by other parties. For this, you should read the “Guidelines” published on the Court’s website.

• Is representation by a lawyer in proceedings before the Constitutional Court necessary?

  In case the applicant chooses to be represented by another person or a lawyer, it is necessary to submit a respective Power of Attorney together with the referral.

• Can the Court assist me to hire a lawyer?

  No. The Court cannot assist you to hire a lawyer for your case. For this you can contact the Kosovo Bar Association.

• What happens with the submitted referral?

  The Constitutional Court registers and proceeds each referral. The review of the submitted referral begins with the registration of the referral at the Secretariat of the Court. The President of the Court is then informed of the receipt of the referral, who by a system of random draw appoints the Judge Rapporteur for the respective case as well as the Review Panel composed of three (3) judges. The Judge Rapporteur prepares the preliminary report concerning the case based on the facts, the admissibility and grounds of the referral, which submits later to the Secretariat of the Court. The Secretariat forwards a copy of the report to the Review Panel and copies of the case file, which include the referral and any reply, including attachments. All Judges receive a copy of the Report submitted by the Judge Rapporteur.

• How long can the process of review of a Referral take?

  The Court examines the referrals filed according to a certain order and based on the order of registration, within the time limits defined by the Law on the Constitutional Court and the Rules of Procedure. However, the Court always takes into account the importance and urgency of the cases filed. This implies that, for instance, the referrals pertaining to the public interest or the requests for imposing an interim measure always have priority over other requests irrespective of the time they are filed.

• How does the Constitutional Court render a decision?

  The Constitutional Court decides by majority vote of the judges who are present and voting. The Court has a quorum if seven (7) judges are present.

• Can the Constitutional Court hold a hearing on the referral filed?

  The Court may order a hearing if it believes a hearing is necessary to clarify the evidence. Court hearings are public, unless the Court orders otherwise.

• Can the Constitutional Court self-initiate the review of cases?

  No. The Constitutional Court can review and take a decision on a specific issue only upon filing of a referral by the parties authorized by the Constitution.

• Are the decisions of the Constitutional Court binding on all other state authorities?

  The decisions of the Court are binding on the judiciary and all persons and institutions of the Republic of Kosovo.

• Can a decision of the Constitutional Court be appealed?

  Until the membership of the Republic of Kosovo in the Council of Europe and having the right to apply to the European Court of Human Rights in Strasbourg, the decisions of the Constitutional Court are final and not appealable.

• Where are the decisions of the Constitutional Court published?

  Decisions of the Constitutional Court are published in the Official Gazette of the Republic of Kosovo. The electronic version of the decisions is also published on the Court’s website in four languages: in Albanian, Serbian, Turkish and English.