- The Constitutional Court
During the Session held on 19 March 2012, the Constitutional Court of the Republic of Kosovo deliberated and voted in the Case KO 05/12, “Challenge of the constitutionality of the Decision of the Assembly of the Republic of Kosovo, No. 04-V-279, date 20 January 2012”.
In this case, Deputy Visar Ymeri and twelve other deputies of the Assembly of the Republic of Kosovo, submitted the Referral challenging the constitutionality of the Decision of the Assembly of the Republic of Kosovo, No. 04-V-279, which inter alia, “welcomed the agreements” reached through the dialogue between the Government of the Republic of Kosovo and the Republic of Serbia, and through which the Assembly “supported their full implementation”.
In their Referral the Applicants maintained that the Republic of Kosovo and the Republic of Serbia are two states with legal subjectivity in international law; they consider that the decision taken by the Assembly of the Republic of Kosovo was a “ratification of international agreements” requiring the procedure contemplated by Article 18 of the Constitution.
The Constitutional Court as the final authority for the interpretation of the Constitution unanimously decided to reject the Referral as inadmissible. The Court held that the nature of the request of the Applicants was outside the scope of the jurisdiction of the Court under Article 113.5 of the Constitution.
The full text of the Resolution shall be notified to the Parties and shall be published in the Official Gazette in due course.