In the wait for the Constitutional Court decision

22.05.2020

On Tuesday, May 19, 2020, the Tuesday Salon on the topic: “In the wait for the Constitutional Court decision” was held.

Kosovo is still counted as a country without a political tradition and without a tradition of political pluralism. One problem that was emphasized during this discussion is that we did not have the political will or perhaps even sufficient knowledge as a civil society to demand on having a law for political parties. This is probably why our political parties have this ease of governing/dominion rather than having democratic governance which is being reflected in our political scene in general.

As institutions that are both legal and political, the Constitutional Courts are important actors in a country’s democratic life. During the Salon, it was emphasized that the Constitutional Courts must be courageous and necessarily affirm democracy, especially in new democracies such as Kosovo. As such, it is important for everyone to know that the Constitutional Court is the ultimate authority in the Republic of Kosovo for the interpretation of the Constitution and the compatibility of laws with the Constitution.

During this situation, the 2014 verdict regarding the formation of the government is seen as problematic. Meanwhile, since that year we have 8 new judges in the composition of the Constitutional Court, so it was emphasized that we remain with the hope that the decision will be based on law and will protect democracy in Kosovo.

Part of the panel in this Salon were: Gjylieta Mushkolaj, Professor at the Faculty of Law – University of Prishtina and Member of the Constitutional Commission of the Republic of Kosovo; and Vigan Qorrolli, Lawyer and Lecturer, Faculty of Law – University of Prishtina. This salon was moderated by Ehat Miftaraj, Executive Director, Kosovo Law Institute (KLI), from which will also be written the editorial.

This Salon was supported by Friedrich Ebert Stiftung, Prishtina Office.

 

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