© koninklijke brill nv, leiden, 2018 | doi 10.1163/15730352-04303003
review of central and east european law
43 (2018) 274-313
brill.com/rela
The Role of the Constitutional Court in the
Development of the Rule of Law in Kosovo
Enver Hasani
Former President of the Constitutional Court of Kosovo, Pristina, Kosovo;
Faculty of Law, University of Pristina, Pristina, Kosovo
<enverhasani@gmail.com>
Abstract
Kosovo’s Constitutional Court has played a role of paramount importance in the
country’s recent history. The author uses a comparative analysis to discuss the role
of the Court in light of the work and history of other European constitutional courts.
This approach sheds light on the Court’s current role by analyzing Kosovo’s con-
stitutional history, which shows that there has been a radical break with the past.
This approach reveals the fact that Kosovo’s current Constitution does not reflect the
material culture of the society of Kosovo. This radical break with the past is a result
of the country’s tragic history, in which case the fight for constitutionalism means
a fight for human dignity. In this battle for constitutionalism, the Court has been
given very broad jurisdiction and a role to play in paving the way for Kosovo to move
toward Euro-Atlantic integration in all spheres of life. Before reaching this conclu-
sion, the author discusses the specificities of Kosovo’s transition, comparing it with
other former communist countries. Among the specific features of constitutionalism
in Kosovo are the role and position of the international community in the process
of constitution-making and the overall design of constitutional justice in Kosovo.
Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court
at the forefront of the fight for the rule of law and constitutionalism of liberal West-
ern provenance.
Keywords
constitutionalism – constitutional court – Kosovo – international factors and
constitution-making – jurisdiction and role of the court – Euro-Atlantic integration –
constitutional amendments