Judicial review and political (in)stability in Kosovo

Abstract

Constitutional Court decisions are crucial for a sustainable and democratic state institution functions as well as a country’s political stability. This article seeks to provide insights into the Constitutional Courts process, the role it plays in providing political stability under normal circumstances, when it is overburdened by a large case load and how that often does not provide satisfactory results for a variety of Kosovo stakeholders. The article also seeks to describe, discuss and analyse the development of Kosovo’s judicial review process, important court composition issues and the legal basis for its activities and procedures, and to discuss the obstacles and political influences in several court decisions which caused ambiguity, political tensions and increased distrust in Kosovo’s political systems and institutions including the constitutional court.