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A Critique of Kosovo’s Internationalized Constitutional Court. EDAP 2/2014

Capussela , Andrea Lorenzo (2014) A Critique of Kosovo’s Internationalized Constitutional Court. EDAP 2/2014. [Working Paper]

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    The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects this assessment. One of the reasons why Kosovo’s international supervision has recently been terminated is that such court has been deemed to be functioning well. But its performance has not yet adequately been scrutinized. This essay reviews its most significant judgments, including decisions that deposed a president, annulled a presidential election, prevented a general election, and abolished the inviolability of parliament. The analysis of the reasons and effects of such rulings leads to the conclusion that the court gravely lacks independence and is subject to heavy political interference, which also the international judges do not seem immune from. The performance of the court is both a manifestation and a cause of Kosovo’s acute governance problems, which its international supervision has failed to remedy. The international community’s approach towards the court is also an illustration of the reasons why statebuilding in Kosovo led to unsatisfactory results, despite unprecedented investment.

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    Item Type: Working Paper
    Uncontrolled Keywords: Kosovo - Internationalized Courts - Constitutional Court - Statebuilding - Governance.
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > Treaty reform > enlargement
    Countries > Kosovo
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > European Academy Bozen/Bolzano (EURAC) > European Diversity and Autonomy Papers
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 27 Jan 2014 09:39
    Number of Pages: 41
    Last Modified: 14 Dec 2017 12:03

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