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Shkarko - Gjykata Kushtetuese

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Foreword by the President of the Constitutional Court Prof.<br />

Dr. Enver Hasani<br />

It falls to me again to present the Annual Report of the Constitutional Court of the Republic<br />

of Kosovo for the year 2011. This report follows on the previous Reports for 2009 and 2010.<br />

Again, I am happy to inform the public that the Constitutional Court had another successful<br />

year and it has gone from strength to strength building trust in the minds of the public. This<br />

success is due again to the dedicated work of my fellow Judges, the Secretary General and<br />

the other members of staff of the Court. I wish to extend my thanks to all of them for their<br />

continuing support and efforts that have led to the continued success of the Court.<br />

During 2011 the Judges of the Constitutional Court continued to undertake official visits to<br />

the Courts of other countries with the intention of broadening the experience of the Court<br />

and to build bridges to the Judges and officials of those Courts. This will lead, no doubt, to<br />

the expansion of the ability of the Court to deal with the greater challenges that it will face in<br />

time. The countries that were visited in 2011 included Albania, Austria, Bulgaria, Estonia,<br />

Netherlands-Hague, Ireland, and Sweden.<br />

A number of important decisions were made by the Constitutional Court during the year. It<br />

deliberated upon the first referral submitted by the Office of the Ombudsman of Kosovo and<br />

for the first time the Court decided that parts of certain Laws passed by the Assembly of<br />

Kosovo were inconsistent with the Constitution. This was done pursuant to the<br />

Constitutional Court’s mandate, under Article 112, as the final authority for the<br />

interpretation of the Constitution of Kosovo and the compatibility of laws with the<br />

Constitution.<br />

The number and variety of other Referrals dealt with by the Constitutional Court and the<br />

work of the Directorates of the Court are set out in the body of the Report.<br />

The second solemn inauguration of the new Judicial Year occurred on 20 October 2011. This<br />

year the Presidents or Deputy Presidents of the Constitutional Courts of Albania, Croatia,<br />

Slovenia, Macedonia, Montenegro, Turkey and Portugal attended the Ceremony.<br />

The key note speaker at the inauguration was the President of the Constitutional Court of the<br />

Republic of Croatia, Prof. Dr. Jasna Omejec and the Vice - President of the Constitutional<br />

Court of the Republic of Slovenia Mag. Miroslav Mozetič.<br />

The work of the Court could not be conducted in the efficient manner that it is conducted<br />

without the help and support of a great number of bodies. In particular I would like to<br />

acknowledge the invaluable assistance give to the Court by the East West Management<br />

Institute (EWMI), the United Kingdom Department for International Development (DFID),<br />

the United States Agency for International Development (USAID), the International Civilian<br />

Office (ICO), the Legal Reform Project of the Deutsche Gesellschaft füer internationale<br />

Zusammenarbeit (GIZ), and the Government of the Federal Republic of Germany and the<br />

German Foundation for International Legal Cooperation (IRZ Foundation).<br />

The Constitutional Court will remain committed to providing the Republic of Kosovo and its<br />

citizens a trusted and expertly managed forum for the resolution of Referrals lawfully made<br />

to it.<br />

Prof. Dr. Enver Hasani<br />

President of the Constitutional Court of Kosovo<br />

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