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The Jurisdiction of Constitutional Court of Kosovo to Assess the Constitutionality of Constitutional Amendments

Luz Balaj

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Abstract

The Constitutional Court of Kosovo has been established in 2009. From its establishment \nuntil now, the Constitutional Court has, in several occasions, dealt with the assessment of constitutional \namendments. Concretely, there were 7 attempts for the amendment of the Constitution, however not all \nof them succeeded. The Constitutional Court played an active role in the constitutional review of the \nconstitutional amendments in these processes, finding in several occasions that the proposed \nconstitutional amendments were in violation of the letter and spirit of the Constriction. This paper \nexamines the jurisdiction of the Constitutional Court for the review of constitutional amendments. \nFurther, this paper examines the reasons provided by the Court in cases when it exercised jurisdiction \nfor constitutional review of constitutional amendments. This paper examines and provides answers in \nthe following research questions: what aspects of the Constitution have been challenged by \nunconstitutional amendments; has the Constitutional Court expanded its constitutional competences for \nconstitutional review of constitutional amendments beyond Chapter II of the Constitution. This paper \nemploys and uses comparative research methods by looking at other countries and regions as well, such \nas Germany and Colombia. This paper concludes by looking at whether the expansion in constitutional \nreview competences has been adequate and in service of more efficient protection of the constitutional \nvalues.

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What this paper is about

The Constitutional Court of Kosovo has been established in 2009. From its establishment \nuntil now, the Constitutional Court has, in several occasions, dealt with the assessment of constitutional \namendments. Concretely, there were 7 attempts for the amendment of the Constitution, however not all \nof them succeeded. The Constitutional Court played an active role in the constitutional review of the \nconstitutional amendments in these processes, finding in several occasions that the proposed \nconstitutional amendments were in violation of the letter and spirit of the Constriction. This paper \nexamines the jurisdiction of the Constitutional Court for the review of constitutional amendments. \nFurther, this paper examines the reasons provided by the Court in cases when it exercised jurisdiction \nfor constitutional review of constitutional amendments. This paper examines and provides answers in \nthe following research questions: what aspects of the Constitution have been challenged by \nunconstitutional amendments; has the Constitutional Court expanded its constitutional competences for \nconstitutional review of constitutional amendments beyond Chapter II of the Constitution. This paper \nemploys and uses comparative research methods by looking at other countries and regions as well, such \nas Germany and Colombia. This paper concludes by looking at whether the expansion in constitutional \nreview competences has been adequate and in service of more efficient protection of the constitutional \nvalues.

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Available abstract

The Constitutional Court of Kosovo has been established in 2009. From its establishment \nuntil now, the Constitutional Court has, in several occasions, dealt with the assessment of constitutional \namendments. Concretely, there were 7 attempts for the amendment of the Constitution, however not all \nof them succeeded. The Constitutional Court played an active role in the constitutional review of the \nconstitutional amendments in these processes, finding in several occasions that the proposed \nconstitutional amendments were in violation of the letter and spirit of the Constriction. This paper \nexamines the jurisdiction of the Constitutional Court for the review of constitutional amendments. \nFurther, this paper examines the reasons provided by the Court in cases when it exercised jurisdiction \nfor constitutional review of constitutional amendments. This paper examines and provides answers in \nthe following research questions: what aspects of the Constitution have been challenged by \nunconstitutional amendments; has the Constitutional Court expanded its constitutional competences for \nconstitutional review of constitutional amendments beyond Chapter II of the Constitution. This paper \nemploys and uses comparative research methods by looking at other countries and regions as well, such \nas Germany and Colombia. This paper concludes by looking at whether the expansion in constitutional \nreview competences has been adequate and in service of more efficient protection of the constitutional \nvalues.

Key concepts: Constitutionality, Constitutional court, Jurisdiction, Law, Political science, Constitutional review, Supreme court, Constitution

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