On the occasion of the 15th anniversary of the Kosovo Constitution, the Balkans Group has organized the “Comprehensive Analysis of the Constitution of Kosovo” conference. At the event, the Balkans Group presented two reports:
· Comprehensive analysis of the Constitution of Kosovo, which provides a broad analysis of constitutional issues related to the system of laws, the functioning of institutions and the jurisdiction of the Constitutional Court. This legal analysis identifies gaps and recommends various options for future amendments, based on case law, opinions of the Venice Commission, and best practices of other countries.
· Kosovo and the Council of Europe: The Accession Roadmap, which analyzes Kosovo’s membership of the Council of Europe (EC), including membership criteria, procedural steps and potential challenges. This analysis provides an overview of the constitutional guarantees, Kosovo’s progress in their implementation and possible requirements for Kosovo, before or after the EC membership.
The Executive Director of the Balkans Group, Naim Rashiti, emphasized that during these 15 years, the Constitution and the Constitutional Court have proven the foundation of democracy, the resolution of many crises, and preserving the balance of powers. “The Balkans Group during the last year worked on an analysis that emphasizes the existence of the need for interventions. Twenty-one (21) issues detailed in this report are divided into groups. We believe that this work can serve everyone”, he said.
The President of Kosovo, Vjosa Osmani, expressed her happiness that on this anniversary of the Constitution, there is a discussion among professionals regarding the implementation of the Constitution during the last fifteen (15) years and the need for its review. “During these 15 years, our Constitution has undergone many changes, especially within the international obligations of our country, in the institutional framework, as well as the way these have interacted in the past. Its history started with international institutions that supervised the independence of our institutions, which left with the decision of our country,” she said. Meanwhile, the Speaker of the Assembly of Kosovo, Glaujk Konjufca, said that Kosovo is an international and local project, while its constitutionality is still being shaped.
The Ambassador of Norway, Jens Erik Grøndahl, said that the revision of the Constitution is important and during this process, the involvement of all responsible persons is necessary. “Constitutional reviews and reforms are important. It is the same in my country. We are pleased that you allow us to assist you. Now is the time to open a productive debate. Since the adoption of the Constitution, Kosovo has been committed to maintaining the democratic order and has made many changes. The new constitutional and legal provisions also require a general political consensus. I think that the seriousness given to this process is important”, he said.
The President of the Constitutional Court, Gresa Caka-Nimani, said that analyses such as those published by the Balkans Group are important in the rule of law. “Such an analysis must necessarily be subject to a wide and continuous public debate because only through an open and public discussion, the theory related to the rule of law will be able to be implemented,” she said. The President of the Constitutional Court also emphasized three issues that must be discussed, which are related to constitutional norms, the importance of the stability of the legal order, and the symbolism that this Constitution embodies.
The professor and former chairman of the group for the drafting of the Constitution, Hajredin Kuçi, said that the Constitution should be changed and that it should not be an obstacle to the development of the state. “We have been aware of the work we have done. The first was to respect the will of the citizens for a sovereign and independent state. We have been careful not to violate the will of the majority but also to include the rights of the communities, and this has been a fine line so as not to damage the functioning of the state of Kosovo, as well as to find a place for international missions. At that time, we received many suggestions from the local teams, but in the drafting of the Constitution, the foreign experts were guardians of the international obligations and in other parts, our hands were free. I think that this Constitution defined the values of our society at that time and which have remained to this day.”
This activity and the published analyses are supported by the Royal Norwegian Embassy in Pristina.
