FLASH
Shkruar nga Pamfleti
Written 18 years ago, the Constitution of Kosovo, as the highest legal act, aims to define the rules of the political game. But, in Kosovo, the game has often been stopped to be clarified in the Constitutional Court.
From June 2025 to January 2026, the Constitutional Court responded to five cases related solely to the issue of the constitution of the Assembly of Kosovo.
Meanwhile, it also reviewed three other cases on political issues last month.
The court annulled President Vjosa Osmani's decree dissolving the Parliament; rejected the request of the Speaker of the Parliament, Albulena Haxhiu, regarding the non-participation of the deputies in the session for the president and declared Osmani's request regarding the appointment of members of the Central Election Commission inadmissible.
Why so many cases in the Constitutional Court?
Is the Constitution so unclear, or is the possibility of interpretation by the Court being exploited for political purposes?
In the opinion of those familiar with the Constitution, this is not a black and white issue.
Visar Morina, professor of Constitutional Law at the University of Pristina, tells Radio Free Europe that the Constitution of Kosovo is not unclear in its entirety, but he estimates that there are some more generalized formulations that are still not the main reason for the large number of cases sent to the Constitutional Court.
He considers that one of the circumstances that influenced the increase in cases for review is the fact that the Constitution regulates fundamental issues of the state, such as the formation of institutions, the limitation of power, competencies, deadlines - norms that, according to him, in some cases are not understood equally by all politicians.
"When political dialogue and institutional compromise are lacking, then constitutional dilemmas are naturally shifted to the Constitutional Court," says Morina, calling it a normal action in a constitutional democracy.
The precision of the language in which a constitution is written is considered to leave less room for its rules to be interpreted in different ways.
"When constitutional provisions are not sufficiently clear, they naturally create opportunities for different readings by political and institutional actors, increasing the potential for constitutional disputes," he says.
But, according to Professor Morina, even carefully drafted constitutions cannot completely avoid court interpretations.
Ultimately, constitutional interpretation is a core function of constitutional courts, he says.
The overthrow of laws, presidents, the Government...
In addition to political processes within institutions, the judges of the Constitutional Court also had dozens of Assembly laws before them for review.
Thirteen of them – including the Law on the Bureau for the Verification and Confiscation of Unjustified Assets – which were approved by deputies in December 2024, were rejected by them at the beginning of 2026.
The court said the laws were not in accordance with the country's Constitution, finding that the rules on governance, separation of powers, values, exercise of office, rules of procedure, and committees had been violated when MPs approved them in the Assembly.
Beyond laws, constitutional interpretations in Kosovo's political history have also brought down presidents and governments.
In 2010, then-president Fatmir Sejdiu resigned after the Court found that he violated the Constitution by holding both the positions of president and leader of the Democratic League of Kosovo.
A year later, the Court removed President Behgjet Pacolli from office, as the form of his election had been unconstitutional.
In 2020, the Government of Avdullah Hoti was overthrown, after its election was deemed unconstitutional.
Should the Constitution of Kosovo be changed?
Professor Morina says that it has evolved continuously, both through written amendments and through interpretations by the Constitutional Court, which have subsequently become precedents for similar circumstances.
According to him, what needs to be changed depends on the priorities of the state and society, as well as external factors, such as the European integration process or aspirations for membership in international organizations.
The Assembly of Kosovo adopted the Constitution on April 9, 2008, and it entered into force two months later.
Changing the Constitution requires a double vote: agreement by two-thirds of all MPs, and by two-thirds of MPs from minority communities. So, any change requires broad consensus.
In a reality where the Constitution is not read the same by everyone, the Constitutional Court often remains the place where political disputes end./ REL
Lini një Përgjigje