The Constitutional Court is the final authority in the Republic of Kosovo for the interpretation of the Constitution and the compliance of laws with the Constitution. Based on Article 113, paragraph 1, of the Constitution of the Republic of Kosovo, the Constitutional Court decides only on matters referred to the Court in a legal manner by authorized parties.
Parties authorized to refer matters to the Court:
I. The Assembly of Kosovo, the President of the Republic of Kosovo, the Government and the Ombudsperson are authorized to refer the following matters to the Constitutional Court:
- the question of the compatibility with the Constitution of laws, of decrees of the President or Prime Minister, and of regulations of the Government;
- the compatibility with the Constitution of municipal statutes.
II. The Assembly of Kosovo, the President of the Republic of Kosovo and the Government are authorized to refer the following matters to the Constitutional Court:
- conflict among constitutional competencies of the Assembly of Kosovo, the President of the Republic of Kosovo and the Government of Kosovo;
- compatibility with the Constitution of a proposed referendum;
- compatibility with the Constitution of the declaration of a State of Emergency and the actions undertaken during the State of Emergency;
- compatibility of a proposed constitutional amendment with binding international agreements ratified under this Constitution and the review of the constitutionality of the procedure followed;
- questions whether violations of the Constitution occurred during the election of the Assembly.
A municipality may contest the constitutionality of laws or acts of the Government infringing upon their responsibilities or diminishing their revenues when municipalities are affected by such law or act.
- Ten (10) or more deputies of the Assembly of Kosovo, within eight (8) days from the date of adoption, have the right to contest the constitutionality of any law or decision adopted by the Assembly as regards its substance and the procedure followed.
- Thirty (30) or more deputies of the Assembly are authorized to refer the question of whether the President of the Republic of Kosovo has committed a serious violation of the Constitution.
Individuals are authorized to refer violations by public authorities of their individual rights and freedoms guaranteed by the Constitution, but only after exhaustion of all legal remedies provided by law.
The courts have the right to refer questions of constitutional compatibility of a law to the Constitutional Court when it is raised in a judicial proceeding and the referring court is uncertain as to the compatibility of the contested law with the Constitution and provided that the referring court’s decision on that case depends on the compatibility of the law at issue.
VII. President of the Assembly
The President of the Assembly of Kosovo refers proposed Constitutional amendments before approval by the Assembly to confirm that the proposed amendment does not diminish the rights and freedoms guaranteed by Chapter II of the Constitution.