Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo

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DOI:

https://doi.org/10.7336/academicus.2016.14.12

Abstract

This paper aims at clarifying the report between the President and the Constitutional Court. If we take as a starting point the constitutional mandate of these two institutions it follows that their final mission is the same, i.e., the protection and safeguarding of the constitutional system. This paper, thus, will clarify the key points in which this report is expressed. Further, this paper examines the theoretical aspects of the report between the President and the Constitutional Court, starting from the debate over this issue between Karl Schmitt and Hans Kelsen. An important part of the paper will examine the Constitution of Kosovo, i.e., the contents of the constitutional norm and its application. The analysis focuses on the role such report between the two institutions has on the functioning of the constitutional system. In analyzing the case of Kosovo, this paper examines Constitutional Court cases in which the report between the President and the Constitutional Court has been an issue of review. Such cases assist us in clarifying the main theme of this paper. Therefore, the reader will be able to understand the key elements of the report between the President as a representative of the unity of the people on the one hand and the Constitutional Court as a guarantor of constitutionality on the other hand.

Keywords:

President, constitutional court, unity of the people, constitutionality, constitutional system

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References

  1. Cambridge Studies in Constitutional Law) Lars Vinx-The Guardian of the Constitution_ Hans Kelsen and Carl Schmitt on the Limits of Constitutional LawCambridge University Press (2015).

  2. Law – Journal for Juridical and Social Issues, Enver Hasani: Preventive Abstract Control of Constitutional Amendments and Protection of the Head of State from Unconstitutional- Dismissal: The Case of Kosovo, USAID, Prishtina.

  3. Luis Pereira Coutinho, Massimo La Torre, Steven D. Smith; Judicial Activism – An Interdisciplinary Approach to the American and European Experiences; Ius Gentium: Comparative Perspectives on Law and Justice; Springer International Publishing; Switzerland;

  4. Stockholm Institute for Scandinavian Law; Stanley L. Paulson; Some Issues in the Exchange between Hans Kelsen and Erich Kaufmann; 2010.

  5. Constitution of Kosovo.

  6. Constitution of Croatia.

  7. Constitution of Poland.

  8. Constitution of Hungary.

  9. Constitution of Albania.

  10. Constitution of Macedonia.

  11. Constitution of Slovenia.

  12. Constitution of Montenegro.

  13. Decree of the President of Kosovo, of date 30.12.2015 for the appointment of Mrs. Gresa Caka-Nimani and Selvete Gerxhaliu as judges of the Constitutional Court.

  14. Case Nr. KL. 47/10, Naim Rrustemi and 31 members of Kosovo Parliament v. His Excellency Mr. Fatmir Sejdiu, President of Kosovo, 28 September 2010.

  15. Dobjani, Elsa Toska. “Length of proceedings as standard of due process of law in the practise of the Constitutional Court of Albania.” Academicus International Scientific Journal 13 (2016): 160-170.

  16. Case Nr. KO 29/1, Sabri Hamiti and other members of Kosovo Parliament on examination of the constitutionality of the Decision of the Kosovo Parliament Nr. 04-V-04, related to the election of the President of the Republic of Kosovo, 22 February 2011.

  17. Case Nr. KO 97/10 on the request submitted by the Acting President, Dr. Jakup Krasniqi related to the issue of holding the position of Acting President at the same time of the function of General Secretary of Democratic Party of Kosovo.

  18. Case KO 29/12 and Case KO 48/12 Proposed Constitutional Amendments, submitted by the President of the Kosovo Parliament on 23 March 2012 and 4 May 2012.

  19. Case Nr. KO 130/15, date 23.12.2015.

  20. Case Nr. K0103/14, President of Republic of Kosovo on the examination of conformity of article 84 (14) [Competences of the President] with article 95 [Election of Government] of Constitution of Kosovo. See in particular the part on the admissibility of th

  21. Case Nr KO 80/10 Request of the President of Kosovo, his excellency Dr. Fatmir Sejdiu, on clarifying the competences of the President in the case of the Mayor of Rahovec, Mr. Qazim Qeska.

  22. Case Nr. KO 57/12 Request of the President of Kosovo, her excellency Atifete Jahjaga, on the effects of the right to veto of the President related to the voting and approving in Parliament after a veto of Law Nr. 04/1-084 on Pensions of Members of the Kos

  23. http://botasot.info/lajme/445144/nis-takimi-mustafa-mogherini/, accessed on 04.01.2016.

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Published

2016-07-01

How to Cite

Muçaj, F. and Balaj, L. (2016) “Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo”, Academicus International Scientific Journal. Vlora, Albania, 7(14), pp. 168–180. doi: 10.7336/academicus.2016.14.12.

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Articles