Bulletin n. 2/2010
October 2010
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Doli Dren, Korenica Fisnik
    Kosovar Constitutional Court’s Jurisdiction: Searching for Strengths and Weaknesses
    in German Law Journal , Vol. 11, n. 8 ,  2010 ,  803-836
    Having gone through an international process on status settlement, in the aftermath of the proclamation of independence, the Kosovo Assembly adopted a Constitution and a range of essential laws. One of the very basic laws adopted in the aftermath of independence is the Law on the Constitutional Court. The Ahtisaari Commission had given a singular importance to the latter, having seen the Kosovan Constitutional Court as one of the most important guarantors of democracy in constitutional terms. In an Ahtisaarian view, the Kosovan Constitutional Court is, inter alia, thought of as a guarantor of the ethnic communities’ constitutional rights. As a result, the law concerned along with the Constitution of Kosovo determined the organization and functioning of the Kosovo Constitutional Court. For many, the question of why it is important to stick to the analysis of the jurisdiction of a Constitutional Court is almost not sensible. The explanation, no doubt, lies in the fact that many do not evaluate the Constitutional Court’s influence on the predetermined principles upon which the latter exercises its influence. Therefore, though it is not an objective of this paper, it is worth-noting that in Kelsen’s view, the Constitutional Court should be a product of a wide political compromise, and its composition should enjoy high qualified judges whose practical and professional experience would guarantee a greatly influential and just product in the final case. From a very brief analysis, one would have said that the law concerned preconditions such features for the Kosovo Constitutional Court. The aim of the paper, however, is not to speak about the organization of the latter, but rather it is to discuss and analyze the limits and sources of the Constitutional Court’s jurisdiction. As a result, our discussions and analyses will be aimed at finding... Full text available at: http://www.germanlawjournal.com/pdfs/Vol11-No8/PDF_Vol_11_No_08_803-836_Kosovo%20Context_Doli%20&%20Korencia%20FINAL.pdf
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