The Jurisdiction of The Constitutional Court In Controlling The Constitutionality of Criminal Judgments: Kosovo Case

Yıl 2016, Cilt: 2 Sayı: 3, 55 - 61, 01.12.2016

Florentina Shala Braha Vilard Bytyqı Dardan Vunıqı Fadil Berisha

Öz

This paper will deal with individual requests that are submitted at the Constitutional Court in order to assess the constitutionality of criminal judicial decisions. The right to submit issues for assessing the constitutionality of criminal court decisions is a constitutionally guaranteed right. Many individuals who are dissatisfied with the decisions of the judicial instances use their right to oppose such a decision even at the Constitutional Court.Not all the cases submitted to the Court are based on the right which derives from the Constitution. While it is known that the constitutional judiciary in our country is a new practice, the legal professionals, including lawyers and other jurists, still have not understood the role of this Court.In order to elaborate more in this paper, the conditions that must be fulfilled for a claim to be admissible in the Court will be treated by explaining one by one these conditions and even the practices which were developed at the court. Also, an important part of the paper will discuss the framework within which this court will decide upon the submission of the request. We will see that the Constitutional Court does not get out of the bases of the request submitted by the parties, by checking only the possible violation of constitutional rights guaranteed in criminal proceedings. It will not deal with the facts and the manner of obtaining the evidence, as this issue is in the hands of regular judicial instances. Finally, an emphasis will be placed on the legal effects of those decisions and obligations which produce Court decisions for the ordinary courts and other authorities.

Anahtar Kelimeler

control of constitutionality, Constitutional Court, court decision, legal effect

Kaynakça

• Mushkolaj, Gj., Morina, V., & Lamoen, J.V. (2014). Commentary - The Law on the Constitutional Court of the Republic of Kosovo. Pristina.
• Hasani, E., & Čukalović, I. (2013). Commentary – Constitution of the Republic of Kosovo, Pristina.
• ECHR judgement, Request Nr. 13071/87, Edwards against United Kingdom, 10 July 1991
• Ruling for inadmissibility for the Case Nr.KI50/13, Applicant Aziz Mazreku, Zekë Mazreku and Hajriz Mazreku, Constitutional review on the Judgement of the Supreme Court of Kosovo, Rev. nr. 164/2009, 11th December 2012
• Law Nr. 03/L-121 on the Constitutional Court of the Republic of Kosovo, approved by the Kosovo Parliament on December 16, 2008
• The Constitution of the Republic of Kosovo, 2008
• Rules of Procedure of the Constitutional Court of the Republic of Kosovo, no. 50/2015, March 3, 2015
• Judgment in Case no. Kl78/12, Applicant Bajrush Xhemajli, Constitutional Review on the Judgment of the Supreme Court, Pkl. No. 70/2012 of 22 June 2012
• Ruling for inadmissibility of the decision in case no. KI-86/11 - Applicant Milaim Berisha
• - Request for constitutional review on the Judgment of the Supreme Court, Rev. no.20/09, 1 March 2011 - issued by the Court on April 5, 2012
• Judgment in Case no. KI06/12, Applicant Bajrush Gashi, Constitutional Review of the Decision of the Supreme Court, Pzd. nr. 67/2011, of 12 December 2011.