The Constitutional Court and the Supreme Court with joint workshop on Incidental Control

With the support of the German Foundation for International Legal Cooperation “IRZ”, judges and advisors of the Constitutional Court of the Republic of Kosovo and of the Supreme Court of the Republic of Kosovo, participated in the joint workshop on incidental control, namely the possibility of regular courts to raise issues of compatibility of laws with the Constitution at the Constitutional Court, when such an issue is raised during judicial proceedings.

The workshop organized through video conference began with the opening speeches of the President of the Constitutional Court, Mrs. Gresa Caka – Nimani, President of the Supreme Court, Mr. Enver Peci and the representative of IRZ in Kosovo, Mr. Frank Hupfeld.

The judges of the Constitutional Court and the Supreme Court then discussed the practices of these courts regarding incidental control, the admissibility criteria for submitting cases by the regular courts, the dilemmas for filing such referrals, and challenges faced by regular courts in this respect, as well as the effects of the decisions of the Constitutional Court issued through incidental control.

Following the workshop, representatives of both courts had the opportunity to be more closely informed about the concept of incidental control and best practices in Germany, by the former Judge of the Federal Constitutional Court of Germany and Professor of Public Law at Bielefeld University, Mrs. Gertrude Lübbe-Wolff and Mr. Michael Eichberger, former Judge of the Federal Constitutional Court of Germany and Honorary Professor at the Eberhard-Karls University of Tübingen.