Constitutional Court

The Applicants also submit the Referral to the Court for the constitutional review of the contested Law on Ratification itself, because the First International Agreement annexed to the Law on Ratification contains 15 Items concerning the establishment of the Association/Community of the Municipalities in the North, which allegedly violate the Constitution as follows, Items 1 to 6 violate Article 1,1 of the Constitution, because they violate the indivisibility and uniqueness of the state of Kosovo, Item 1 violates Article 3,1 of the Constitution, pursuant to which the Republic of Kosovo is a multi-ethnic society, as well as the principles expressed in Article 123,3 of the Constitution in relation to the principles of Local Self-Governance, Item 3 violates Article 1,1 of the Constitution regarding the qualification of Kosovo as a unique state, Item 4 violates the constitutional principles provided in Article 123 and 124 of the Constitution and also exceeds the principles of Article 2 of the European Charter on Local Self-Governance (hereinafter: the “ECLSG”), Item 6 violates Article 1,1 of the Constitution in relation to the qualification of the Republic of Kosovo as a unique state, Item 7 violates the general constitutional principles in relation to the security sector, as laid down in Article 125,2 of the Constitution, Item 9 violates Article 3,1 (multi-ethnic qualification of the Republic of Kosovo) and Articles 125,2 and 24,2 of the Constitution, Item 10 violates Articles 102,2 and 24,1 of the Constitution and Article 6 ECHR in conjunction with Articles 13 and 14 ECHR, Item 11 violates Article 139,1 of the Constitution, Item 14 violates Article 2,2 in conjunction with Article 20,1 of the Constitution, The Court concludes that it is not within its jurisdiction ratione materiae to review the constitutionality of the First International Agreement, Consequently, it rejects the Applicants request to review the constitutionality of the First International Agreement, The Constitutional Court declares the Referral admissible, unanimously declares that the procedure followed for the adoption of the Law, No, 04/L-99, on Ratification of the First International Agreement of Principles Governing the Normalization of Relations Between the Republic of Kosovo and the Republic of Serbia and the Implementation Plan of this agreement is compatible with the Constitution of the Republic of Kosovo, and by majority rejects the Applicants’ request to review the First International Agreement of Principles Governing the Normalization of Relations between the Republic of Kosovo and the Republic of Serbia and the Implementation Plan to this agreement as being outside of the scope of the Court’s jurisdiction ratione materiae