What laws were overturned, and what was left to be considered?

Even during 2024, Kosovo's Constitutional Court played a crucial role in overseeing and protecting the country's constitutional principles. In some cases, this court found violations of the Constitution completely overturning certain laws and decisions contrary to the Constitution. In some other cases, the Court's decisions led to partially annulment of provisions that did not comply with constitutional standards, while on a number of issues, it found there were no constitutional violations, thus confirming the constitutionality of the laws and decisions of the Parliament.

The cases submitted to the Constitutional Court were initiated by opposition parliamentary groups, such as the Democratic Party of Kosovo (PDK), the Democratic League of Kosovo (LDK) and the Alliance for the Future of Kosovo (AAK), which challenged policies and laws proposed by the parliamentary majority. Also, Kosovo's Ombudsman sent laws claiming they are not in conflict with the Constitution.

What laws were completely overturned by the Constitution?

The Law for the State Bureau for Verification and Confiscating of Unjustified Riches was contested at the Constitutional Court by PDK parliamentary group chief Abelard Tahiri and nine other Kosovo Assembly deputies. They argued that certain provisions of the law contradicted the Constitution of the Republic of Kosovo, including issues related to the competencies of the Supervisory Commission and the period of property verification.

On June 20, 2024, the Constitutional Court ruled that some of the provisions of this law were unconstitutional and, due to their importance in law enforcement, declared Law No. 08/L-121.

Decisions of the Parliament that were completely torn down by the Constitution

The decision by the Parliament on the dismissal of a member of the Procureing Organisation Board (OSHP) was contested at the Constitutional Court by the deputy from the LDK ranks, Vlora Doshori and eleven other deputies of the party. The court ruled that this dismissal was contrary to the Constitution, stressing that such an act violates O's functional independence The EPS and exceeds the powers of the Parliament.

Which laws were partially overturned?

The amendments to the Law for the Independent Council for the Kosovo Civil Service were also sent to the Constitutional Court by PDK parliamentary group chief MP Abelard Tahiri and ten other deputies of the Assembly of the Republic of Kosovo.

The Constitutional Court ruled that some provisions of this law are not in line with the Constitution of the Republic of Kosovo. In particular, the Court found that controversial provisions violated constitutional principles such as equality before the law, the right to effective legal means and civil service independence.

Following that decision, the Commission for Public Administration, Local Powers, Media and Regional Development followed the correct law at the Kosovo Presidency, without the announced provisions declared invalid by the Constitutional Court, for declaring by the president.

The Law on Salaries in the Public Sector was submitted to the Constitutional Court by the ombudsman on April 7th, 2023. This came after accepting 104 complaints from various public sector unions and from the Kosovo Institute for Justice (IKD), which voiced concerns about lowering co-aficits, reducing wages and removing additions.

On January 23rd 2024, the Constitutional Court declared the indictment in the case of KO79/23, arguing that certain provisions of the law are not in accordance with the constitution. In particular, the Court found that some articles violate the principles of separation of powers, protection of property and equality before the law. The court ordered Kosovo's Parliament that within six months of entering into force of the indictment, it should take the necessary actions to meet and amend the provisions disputed in accordance with the constitution.

Parliamentary Court Neglected

In the event that the Constitutional Court partially overturned several provisions of the Public Sector Law, it also ordered that within the six-month term, it made the needed changes so that over 84 thousand civil servants become additional rights on the basis of work experience. The Assembly and the government had deadlines that until 1 August 2024 make the necessary changes, but both institutions took no action.

For failing to comply with this act, the Kosovo Institute for Justice had reacted, where, according to this institute, this neglect is not just administrative shortcomings, but such inaction constitutes violations of the Constitution and decisions of the Constitutional Court, as it did in 2023 with delays in adopting amendments to the Law on Pension schemes and the Law for Public Officials.

According to the IKD, Constitutional decisions are binding for all Kosovo institutions.

“Constitutional Court decisions are binding for all institutions and individuals in the Republic of Kosovo, as they represent the final interpretation of the constitution. Disrespecting these decisions constitutes a serious violation of the country's highest judicial act, creating a dangerous practice”, the IKD response said on August 13th 2024.

What laws were disputed but considered in accordance with the Constitution?
The Constitutional Court ruled that gender quotas of at least 30% in the General Election Law are in accordance with the Constitution. This decision came after the ombudsman sent this law on claims of gender equality and electoral rights.

Determining the 30% gender quota on election lists, according to the Constitution, is the affirmative measure needed to guarantee gender equality, leaving the Assembly responsible for determining and implementing that measure. Meanwhile, 50% representation targeted in the Law for Gender Equality is an aspirin and not a legal obligation, requiring continued commitment by institutions towards implementing gender equality gradually.

Also, this court confirmed that the Kosovo Assembly did not violate the Constitution during the dismissal of Agron Beka, the non-professional member of the Kosovo Prosecutorial Council (KPK), on December 15th, 2023. The constitution assessed that this decision is within the borders of constitutional and legal authorisations of the Parliament.

The Sustainable Investment Law was disputed at the Constitutional Court by MP PDK, Ferat Shala and nine other Parliament deputies. They claimed that some articles in this law were contrary to the Constitution.

However, this court ruled that the demand was acceptable but that the controversial provisions of this law were not contrary to the Constitution. The law was sent to the President for announcement.

The Law on Changing and Fulfilling Laws that defines the amount of Beneficiations at the Elevation of the Minimal Page and Tax Stair in the Annual Personal Orders was opposed by AAK deputy Besnik Tahiri and nine other deputies. They claimed that certain provisions of the law conflicted with provisions of the Constitution of the Republic of Kosovo, including the principle of equality before the law, protection of property and social protection.

The Constitution ruled that all controversial provisions of the law were in line with the Constitution and did not violate constitutional rights guaranteed for equality, protection of property and social protection.

The Constitutional Court also sent to Article 2 paragraph 4, Article 4 and Article 2 of Article 438 Penal Procedure Code No. 08/L-032, considering the constitutionality of these articles. The Constitutional Court found that all these provisions are in accordance with the Constitution, respecting the principles of protection from double judgment for the same work ( In Bas Indem, the right to effective legal means and equality of weapons in criminal procedure.

What did he refuse to deal with the Constitutional Court?

The Constitutional Court rejected the Supreme Court's request to assess the constitutionality of paragraph 2 Article 4, paragraph 4 of Article 432, and paragraph 2 of Article 438 of the Republic of Kosovo Criminal Procedure Code No.08/L-032.

The court cited the joint cases of KO114/23, KO192/23, Ko227/23 and KO229/23, where it had assessed the constitutionality of the above-mentioned NCPRS, arguing that the same are not opposed to nines 29 (Eights of Freedom and Security) and 34 (The right not to be judged twice for the same Veper) of the Constitution. The court found that the request submitted by the Supreme Court is not by “in an active and controversial manner”.

Laws that are in process of review by the Constitutional Court

On February 7, 2024, The AAK submitted to the Ombudsman's institution the request for assessing the Constitution of the Law on Pension Scheme.

In 2024, The LDK and PDK handed over to the Constitutional Court the Law for Public Officials, expressing concerns about political influence on public administration.

On November 7, 2024, The LDK, through MP Armend Zemaj and its representative, Rock Manaj, sent this law to the Constitutional Court, arguing that the proposed changes jeopardise the administration's politicisation and conflict with European principles for an independent civilian service.

And so, The PDK, through parliamentary group chief Abelard Tahiri, handed over this law to the Constitution, stressing that the changes adopted by the Parliament on October 30th 2024 enable the extent of political influence on public administration, which violates the principles of meritocracy and institutional independence.

The PDK has submitted to the Constitutional Court the request for interpretation of the Law for Independent Commission for Media (KPM), the Law for the Kosovo Prosecutorial Council (KPK) and the decision on the University of Pristina statute “hasan Pristina”. According to PDK Parliamentary Group chief Abelard Tahiri, these judicial acts conflict with the Kosovo Constitution and its fundamental principles.

The Law for the Sovereign Fund of the Republic of Kosovo was sent to the Constitutional Court by the LDK and the PDK. The LDK submitted its constitutional assessment application on December 22, 2023, while The PDK followed that step on December 26th, 2023. Both parties argued that certain provisions of the law could be contrary to the Kosovo Constitution and demanded interpretation by the court to ensure legal compliance.

16 Laws adopted at December 5th session

The PDK has handed over to the Constitutional Court 16 laws adopted at the Kosovo Assembly session on December 5, 2024, countering them for procedural violations and, in one case, even for violations of content.

According to the head of the PDK parliamentary group, Abelard Tahiri, 15 of these laws have been contested for procedural violations, while the Law for State Bureau for Verification and Confiscating of Inexcusable Riches has been disputed both in procedure and content.

Tahiri has stressed that the December 5th session has set a harmful standard, violating parliamentary life in the country. It has cited violations such as adopting laws without prior approval of the agenda from the Parliament's Headship, calling late and inappropriate hearings for MPs, as well as developing the process of adopting laws within a day, violating the Constitution and Rule of the Parliament.

16 Conflicted Laws: The law on social and affordable housing, the Law on Force for Health Insurance, the Law for State Bureau for Verification and Confiscating of Infesive Property, the Law for Change and Meeting of the Law on Accounting, Financial Reporting and Auditing, the Law for Bank, the Law for Central Inspectation for Market Supervising, the Law for Change and Meeting of the Law for Free Money Clearing, and Combating Terrorism Funding, the Law for Paying Services, the Law for State Advision Testing Law, the Mediterranean Games <xtowr> (2030). /A Vow for Justice