Constitutional Court of the Republic of Kosovo

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Entrance to the Constitutional Court

The Constitutional Court of the Republic of Kosovo ( Albanian  Gjykata kushtetuese e Republikës së Kosovës , Serbian Уставни суд Републике Косово Ustavni Sud Republike Kosovo ) was founded in January 2009, around a year after the independence of the Republic of Kosovo are appointed judges by the President on a proposal from Parliament . The competences of the constitutional court are determined by the constitution , detailed working methods and procedures before the constitutional court are regulated by formal laws.

The seat of the court is in the capital Pristina . The term of office of a constitutional judge is limited to nine years without the possibility of extension. The Constitutional Court consists of nine judges appointed by the President on a proposal from Parliament. One of the basic requirements for the appointment as constitutional judge is ten years of work as a judge.

Emergence

As a result of the new political developments in Kosovo, the working group for the establishment of the Constitutional Court was established in May 2008 , which was approved by then President Fatmir Sejdiu and Prime Minister Hashim Thaçi . This group, which was active until December, was chaired by Arsim Bajrami , Minister of Public Services. In addition, this working group had around 16 other members, including John Allelo from USAID .

In the area of ​​constitutional jurisdiction, Kosovo can look back to the beginnings of constitutional jurisdiction in socialist Yugoslavia . In 1969 - six years after the establishment of the first constitutional court in the Socialist Federal Republic of Yugoslavia - the constitutional chamber of the Supreme Court of Kosovo was established by constitutional provision of the Yugoslav constitution. As part of the expansion of competence for the autonomous regions in the field of legislation in the Socialist Federal Republic of Yugoslavia, the first constitutional court was founded as an independent body in 1971 by the tenth amendment of the constitutional law to strengthen the constitution and legality in the autonomous region of Kosovo. This was equivalent to the position of the other constitutional courts in what was then Yugoslavia.

With the unilateral proclamation of Kosovo's independence in 1990 by the Albanian majority after the violent lifting of Kosovo's autonomy by the Serbian Milošević regime , the so-called Kaçanik constitution provided for the establishment of an independent constitutional court. However, due to the violent subjugation of Kosovo by the Milošević regime, such a project could not be implemented. After the end of the war in Kosovo and the administration of Kosovo by UNMIK based on Resolution 1244 of the UN Security Council , the constitutional framework for temporary self-government provided for the establishment of a so-called special college of the Supreme Court in matters of constitutionality. In fact, however, this special college was not implemented either, only the objectives and those involved in the proceedings were regulated by law, but not the composition and functioning of this special college.

Judge

Albanian
  • Arta Rama-Hajrizi, President of the Constitutional Court
  • Bekim Sejdiu
  • Selvete Gërxhaliu Krasniqi
  • Gresa Caka Nimani
Turkish
  • Altay Suroy
Serbian
  • Ivan Čukalović, Deputy President
International
  • Robert Carolan
  • Almiro Simoes Rodrigues
  • Snezhana Botusharova-Doicheva

Web links

Individual evidence

  1. Official website of the Constitutional Court of Kosovo as of May 17, 2016
  2. ^ Official website of the Constitutional Court of Kosovo
  3. Official website of the Constitutional Court of Kosovo as of May 17, 2016