Press release

The Constitutional Court of the Republic of Kosovo has decided on the case KO 130/15.

The Court was asked to assess the compatibility of the document entitled “Association/Community of Serb majority municipalities in Kosovo – general principles/main elements” [The Principles] with the spirit of the Constitution, Article 3 [Equality Before the Law], paragraph 1, Chapter II [Fundamental Rights and Freedoms] and Chapter III [Rights of Communities and Their Members] of the Constitution of the Republic of Kosovo.

The Court concluded that it is the First Agreement, ratified by the Assembly of the Republic of Kosovo on 27 June 2013 and promulgated by the President of the Republic of Kosovo, which foresees the establishment of the Association/Community of the Serb majority municipalities in Kosovo.

The Principles is an intermediary document upon which the legal act of the Government of the Republic of Kosovo and the Statute will be elaborated to implement them.

The Court decided that these Principles are not entirely in compliance with the respective constitutional standards and has concluded that the legal act of the Government of the Republic of Kosovo and the Statute have to be in compliance particularly with Articles 3, 7, 12,  Chapter II [Fundamental Rights and Freedoms] Articles 21 and 44, Chapter III [Rights of Communities and Their Members] Articles  57, 59, 60, 61 and 62, as well as with Articles 79, 81, 93, 101, 113, 123, 124 and 137 of the Constitution of the Republic of Kosovo as reasoned by the Judgment.

The Court notes that it is the constitutional responsibility of the respective authorities to incorporate these conclusions in the consequent legal acts.

The Judgment has been published in the official website of the Court and can be read by clicking in the following link:

http://www.gjk-ks.org/wp-content/uploads/vendimet/gjk_ko_130_15_ang.pdf