Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ? - 53

LES COURS CONSTITUTIONNELLES

government in Kosovo.1It is precisely through these specific references that
the Constitutional Court has rendered its jurisprudence clarifying, when
asked to, the constitutionally guaranteed protection to the Legislative, the
Executive or the Judiciary.
The Constitutional Court of Kosovo is equipped with ex post and ex
ante jurisdictional mechanisms of constitutional review. Our Constitutional
Court secures the compatibility of laws with the Constitution and serves
as the final interpreter of the Constitution by performing abstract and
concrete norm control. The President, the Assembly, the Government,
specific number of deputies of the Assembly and the Ombudsperson are
all authorized parties to put forward constitutional challenges before the
Constitutional Court. Based on referrals filed by them, the Constitutional
Court adjudicated, inter alia, also on separation of powers warranties.
The ex post review of enacted legislation enables the Constitutional
Court to check whether the laws adopted by the legislative branch are in
compliance with the constitutional guarantees of other branches of government as well. In such instances, among others, the Constitutional Court
checks issues related to the balance of powers between the Legislative,
Executive and the Judiciary as well as whether the separation of powers
between the central and local level is being correctly maintained.
The same mechanism enables the Constitutional Court to check, ex post,
whether the Government's decisions have interfered with the constitutional
guarantees of other branches of government, the Assembly or the Judiciary.
For instance, the Governments intention to make a uniform classification
and categorization of job positions without taking into account the specific
constitutional status of independent institutions specifically enumerated in
the Constitution as "independent" was considered by the Constitutional
Courtof Kosovo as an unconstitutional interference in accordance with
the principle of separation of powers.2
In another occasion, it has been emphasized in our jurisprudence that
the principle of separation of powers requires the Constitutional Court to
respect the setting of policies by the respective constitutional bodies. The
key decision in policy-making for the governance of the country must be
made by the bodies which have the democratic legitimation, namely by
the Assembly and the Government.3The Constitutional Court will only
look at whether a particular law or decision violates rights and freedoms
guaranteed by the Constitution and whether the checks and balances are

1. See Article 113.4 of the Constitution of the Republic of Kosovo.
2. KO73/16, Judgment of the Constitutional Court of 16 November 2016.
3. KO12/18, Judgment of the Constitutional Court of 29 May 2018.

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