Kosovo marks Constitution Day today, one of the fundamental documents of the state, which, according to its drafters and legal experts, has played a key role in the country’s democratic development.

One of the drafters of the Constitution, Kadri Kryeziu, told KosovaPress that the Constitution of Kosovo was drafted between 2006 and 2008 by a group of 21 members, also undergoing public debate for harmonization.

He describes it as a liberal and advanced constitution, adapted to Kosovo’s political and social life. According to him, over these years the Constitution has fulfilled its function, also supported by the Constitutional Court of Kosovo as the main body for its final interpretation and for the protection of human rights and freedoms.

However, Kryeziu emphasizes that the Constitution of Kosovo falls into the category of “conditional” or “imposed” constitutions, due to the need to respect the rights of the Serbian community. He adds that there are also gaps that may require amendments in the future.

“It is a liberal, advanced constitution that fits the political and social life of Kosovo. Over these years, the Constitution has fulfilled its function, supported also by the Constitutional Court as one of the centralized bodies responsible for the final interpretation of the Constitution and the protection of human rights and freedoms... The Constitution falls within the category of conditional or imposed constitutions due to the respect of the rights and freedoms of the Serbian community. It has gaps and should be changed in the future,” he said.

Meanwhile, lawyer Arbër Jashari assesses that over the years there have been cases where the Constitution has been violated, or where certain laws have not been in compliance with it, as determined by the Constitutional Court.

He considers that for a young democracy such as Kosovo, which declared independence in 2008, such cases can be seen as partly normal. According to him, one of the greatest achievements is the creation of a culture of respect for the decisions of the Constitutional Court.

Jashari mentions several concrete cases, such as the dismissal of President Fatmir Sejdiu, disputes over the election of Behgjet Pacolli as president, and the dismissal of the government of Avdullah Hoti.

According to him, these developments, although challenging, strengthened democracy, as political parties respected the Court’s rulings and the country moved forward.

“Over the years, various events have taken place, where we have had cases where the Constitution was indeed violated, and cases where the Constitutional Court found that laws were not in harmony with the Constitution. I consider that for a young democracy like Kosovo, which declared independence in 2008, such violations can be seen as normal. What we have gained over the years is a culture of respecting the Constitutional Court’s rulings... such as the dismissal of President Fatmir Sejdiu, the case of President Pacolli, and also governments such as the Hoti government were dismissed, as well as the statute of the Association of Serb-majority municipalities. Nevertheless, these have strengthened democracy because political parties have respected these rulings and Kosovo has moved forward,” he said.

On the other hand, Kryeziu stresses that the Constitution is not violated by ordinary individuals, but by state authorities such as the president, prime minister, or foreign minister, especially in matters of territorial character. He adds that in many cases it is not direct violation, but non-compliance of normative acts such as laws or decrees with the Constitution.

“The Constitution is not violated by individuals. It is violated by three categories of state authorities. It can be violated by the president, the prime minister, and the minister of foreign affairs, and only when it has a territorial character for Kosovo. Otherwise, it is considered a serious violation, but often these are not violations but rather acts that are not in harmony or not in compliance with the Constitution, such as laws and decrees issued by executive bodies,” he said.

According to Jashari, the government whose laws have most often been struck down is the one led by the Vetëvendosje Movement. He notes that this happened due to attempts to change basic laws and a lack of full alignment with the constitutional spirit.

“The government whose laws have been most often struck down is the latest one from the Vetëvendosje Movement. This has happened for two reasons: first, there was an attempt to change several basic laws such as those for the KPC, the Agency, the causes on which this political party came to power, and then along the way it was not able to draft good laws in line with the Constitution’s spirit,” the lawyer said.

The Constitution of Kosovo was signed on April 7, 2008, ratified on April 9 of the same year, and entered into force on June 15.