Milchakova, O. V. Constitutional Justice in Kosovo

Abstract: Lately, due to the events happening in Russia and the Ukraine in relation to the Autonomous Republic of Crimea, many political and public fi gures start to appeal to the experience of the Republic of Kosovo which declared its independency. It is known that one of the main features of the sovereign power of the state is the existence of its own legislation and establishment of system of public authorities as well as determination of the competence of these authorities. The important role in ensuring constitutionality and legality is allocated for the constitutional court and the nature of the constitutional control results from functions of the sovereign state. Taking into account the provision set forth above, it seems important to study various aspects of functioning of the Constitutional ourt in Kosovo. The present article contains the results of the aforesaid study. When carrying out the analysis of constitutional and legal status of the Constitutional Court in Kosovo the author mostly uses historical, legallistic and comparative and legal methods. Based on the results of research of the legislation of Kosovo and practice of activity of the Constitutional Court the author notes that the constitutional justice in Kosovo is organized on the basis of the European model of the constitutional control and experience of the socialist Yugoslavia, modern states of the former Yugoslavia and other democratic countries. The results of the research allow the author to claim that it is necessary to recognize the existence of actually functioning institution of the constitutional control in Kosovo, but at the same time it is impossible to speak about a full autonomy of the Constitutional Court from the international and supranational institutions because the latter can infl uence it not only through their decisions, but also directly participating in formation of structure of the Court.

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