The JCK quotes the Venice Commission: When an official refuses to act on justice, he violates the Constitution, the principles of rule of law

It has cited an opinion of the Venice Commission on the issue.

The full prejudice issued by the Constitutional Court today also contains a part concerning the failure to comply with the preliminary act on the constitution.

The Constitution found that the selected <x0-deputes have not implemented the trial of the” Court, indicating which requests it addressed.

The “Following the high-level conclusion, that the elected deputies of the Parliament have not implemented the Court Act within the set deadline of 30 (thirty) the daily set in point 2 to July 24th 2nd of the Court Act device in the Ko124/25 case, the Court under the circumstances of the end of this term within which the Parliament has not reached the appointment and the deployment of the interim motion officer, July 24th 2025, for the ban on any decision and acting of MPs selected until the verdict of the requirements, considers the identification and interpretation of the action that has been introduced before the review of Sean's actions, the decision to take place within the verdict of the constitution of the constitutions of the constitution (KOst) in the constitution (KO.

The court notes that its decisions are <x0-> mandatory for the judiciary and all persons and institutions of the Republic of Kosovo”.

“Connecting to this constitutional provision, the 60 (profession) rule of the Court's Labour Rule also stipulates that (i) all constitutional organs, including courts and other authorities, are obliged to respect and apply the court's decisions, within their competencies defined by the Constitution and by law; and (i) all physical and legal persons are obliged to respect the decisions of the Court and abide by them”.

The Constitution says that “all actions taken by persons described with power or public authorisation should be in accordance with the Constitution and its spirit and contribute to the prosperity and co-ordination of public interest jobs for the state, enabling it to develop and live up to the values and principles under which it is built”.

“According to the Court any obstacle or lack of co-operation in fulfilling constitutional obligations and authorisations, is contrary to the spirit of the Constitution (see, the case of the KO72/20 Court, preamble Rexhep Selimi and 29 other MPs, assessment of the constitutionality of the Constitution of the President of the Republic of Kosovo, No. April 24/2020, April 30, 2020, paragraphs 476-478)”, in reasoning.

The Constitution cites an opinion of the Venice Commission on the tribunal's competencies on the issue of forcing the execution of its decisions.

“Gjycatta notes that the Venice Commission stresses that implementing the Constitutional Court's decisions is a fundamental requirement of rule of law (see, CDL- ADL) Opinion028 of the Venice Commission regarding constitutional arrangements and the division of powers, as well as the independence of the judiciary and law enforcement bodies, adopted on 14-15 December 2025, paragraph 77). The Court, following, notes that the issue of the obligation to execute Constitutional Court rulings is also addressed by the Venice Commission, and in this regard, the latter, in one of its opinions, through CDL-AD Opinion (2017) respectively. 2/1979 on the Constitutional Court of Spain (an approved on March 10,11, 2017) addresses the nature issue of Constitutional Court decisions and whose obligation is to execute if the latter are not respected by the parties addressed. By this opinion, the Venice Commission stressed that the decisions of the Constitutional Court are final and have binding character (paragraph 8 and 69 of Opinion). According to the Venice Commission: “this is the consequence of the Supremeity of the Constitution. Disrespecting a Constitutional Court act is disrespecting the Constitution and constitutional power, which attributes the Constitutional Court the competence to guarantee this supremeity of the Constitution. When a public official refuses to execute a Constitutional Court act, he or she violates the Constitution, including principles of rule of law, power sharing and legal co-operation of state bodies [...]” (see, paragraph 8 of opinion)”

Therefore, in the context of the issues raised, the Constitution says it has ordered the constitution's constitutionalisation to take place within 30 days and for the vote to take place in open form. Also, the largest parliamentary group has the right to cast the same candidate/ty name for top parliament/e.