Notification on decision in Case KO 207/22

The Constitutional Court of the Republic of Kosovo has decided regarding the Referral in case KO 207/22, with the applicant the Assembly of the Republic of Kosovo, regarding the assessment of the compatibility with the Constitution of the Republic of Kosovo of the proposed constitutional amendment, submitted by the President of the Assembly of Kosovo on 21 December 2022. The Referral was submitted to the Court based on paragraph 9 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, according to which the President of the Assembly of Kosovo should refer the proposed constitutional amendments for the assessment by the Constitutional Court before approval in the Assembly, in order to ascertain whether the proposed constitutional amendment diminishes the rights and freedoms guaranteed by Chapter II [Fundamental Rights and Freedoms] of the Constitution.

The Court unanimously decided to (i) declare the Referral admissible and to hold that (ii) the proposed amendment of Article 22 [Direct Applicability of International Agreements and Instruments] of the Constitution, whereby the United Nations Convention on the Rights of Persons with Disabilities is added to the list of the international agreements and instruments directly applicable in the Republic of Kosovo, does not diminish the fundamental rights and freedoms guaranteed by Chapter II [Fundamental Rights and Freedoms] of the Constitution.

In relation to the assessment of the amendment proposed by the Assembly, the Court first analyzed the main principles established in the United Nations Convention on the Rights of Persons with Disabilities, and emphasized the rights it defines in relation to (i) respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of person with disability; (ii) respecting the principle of non-discrimination; (iii) their full and effective participation and inclusion in society; (iv) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; (v) respect for the evolving capacities of children with disabilities; and (vi) respect for the right of children with disabilities to preserve their identity.
The Court also emphasized the positive obligations assumed by the Republic of Kosovo through this constitutional amendment, considering that the United Nations Convention on the Rights of Persons with Disabilities also defines specific positive obligations towards states for, among others, undertaking (i) the necessary legislative measures, as well as (ii) other measures, creating mechanisms in view of the full implementation of the Convention in question.

This translation is unofficial and serves for informational purposes only.

Note:

This press release was prepared by the Secretariat of the Court for informational purposes only. The full text of the decision will be submitted to the parties involved in the case, will be published on the Court’s website and in the Official Gazette, once the relevant procedures established in the Law on the Constitutional Court and the Rules of Procedure of the Court have been completed. The summary published through this notice may be subject to language and technical corrections in the final draft of the decision. To receive notifications on the decisions from the Constitutional Court please register at the Court’s website: https://gjk-ks.org/en/