Constitutional Court of Kosovo

The first constitutional court in Kosovo was established in period of socialist Yugoslavia as the provincial constitutional court of the Socialist Autonomous Province of Kosovo following the decentralization reforms introduced by the 1974 Constitution. Together with the Constitutional Court of Vojvodina, it was at the time one of two provincial constitutional courts within the Socialist Republic of Serbia. Both courts were ultimately abolished in 1990, with the Constitutional Court of Serbia formally assuming responsibility for all remaining pending cases. However, ultimate authority was, as was political power itself, vested in the UN-appointed administrator of Kosovo. The current Constitutional Court was established by the 2008 constitution, which came into effect months after Kosovo's declaration of independence. The Court heard its first cases in 2009. == Composition ==

The Constitutional Court is composed of nine judges, appointed by the President of the Republic upon the proposal of the Assembly of Kosovo. ==Notable decisions==

In 2010, the court ordered the municipality of Prizren to change its emblem in a more multi-ethnic one. The Court twice deposed the president : in 2010, Fatmir Sejdiu stepped down because the court found he "seriously violated the constitution" because he was still leader of his party LDK, while the constitution (art. 88.2) forbids him to exercise any political party function and in 2011 it invalidated the 2011 presidential election, holding that the procedure used to appoint Behgjet Pacolli was unconstitutional. In an important ruling in 2011 the Court invalidated a judgement of the Appellate panel of the Special Chamber of the Supreme Court of Kosovo, composed of EULEX judges. The Constitutional Court ruled that the Assembly of Kosovo had, since independence, the authority to amend or repeal UNMIK regulations. In 2012, the parties who had supported the (indirect) election in 2011 of Atifete Jahjaga, also agreed on amending the constitution to install direct presidential elections. The Court had to assess these amendments whether they do not diminish any of the rights and freedoms of Chapter II of the constitution (art. 144.3) and found that the mandate of sitting president Atifete Jahjaga could not be cut short. Following the 2014 parliamentary election, the Court became the focus of Kosovo politics, ruling on the formation of the executive and election of the Assembly speaker. The Court heard two cases. After no party obtained a majority in the general election, the President of the Republic petitioned the Court for an advisory opinion on whom the President was expected to appoint as candidate for prime minister. The majority of judges advised that the President appoint the candidate proposed by the party that had won a plurality in the election, even though smaller parties had now formed a coalition and held the parliamentary majority needed to get the candidate elected. In the second case, the Court majority invalidated the election of a minority party candidate as speaker of the parliament, holding that the indefinite right to propose the candidate for speaker of the Assembly belonged to the party that had won the most votes in the general election. The Court also had to rule on the validity of the 2013 Agreement between Kosovo and Serbia creating the Community of Serb Municipalities. The Court found no irregularities in the 2016 election by the Assembly of Hashim Thaçi as President of Kosovo in 2016. In 2024, the Court ruled on the legality of billing consumers in the rest of Kosovo for electricity spent but not paid in the four northern municipalities of North Mitrovica, Zubin Potok, Leposavić and Zvečan. The Court upheld the decisions of the regular courts, holding that the Energy Regulatory Office's (ZRrE) practice of shifting these costs lacked a legal basis. The Court affirmed that forcing citizens to pay for unconsumed electricity constituted unequal treatment and resulted in unjust enrichment. ==Notes==