EWMI NEWS:
MARCH 2010
CONSTITUTIONAL COURT OF KOSOVO ANNOUNCES ITS FIRST DECISION

On March 19 the new Constitutional Court of Kosovo announced its first decision on the merits of a case that was declared admissible. The decision rendered the emblem of the Municipality of Prizren unconstitutional because it did not represent all the communities that live in Prizren. Consequently, the Court ordered the Municipality of Prizren to amend the emblem in consultation with non-majority communities and in accordance with constitutional provisions on minority protection.

The importance of this ruling, which was crafted competently and reasoned thoroughly, is threefold. Firstly, it was a unanimous decision reached by an ethnically diverse Court. Secondly, this case was the first real test of the sustainability of the minority protection rights enshrined in the Kosovo Constitution. The decision sends a clear message that the Constitutional Court is fulfilling its role as the protector of human rights and, particularly, the rights of non-majority communities. Finally, the decision is to a considerable extent based on a number of international human rights instruments and the practice of the European Court for Human Rights (ECHR), which is a testament to the commitment of the Court to apply the highest international standards on human rights. The direct application of international human rights conventions in these types of cases is of particular importance for the citizens of Kosovo, who -  otherwise - cannot access the ECHR given that Kosovo is not a member of the Council of Europe.  

The decision has been widely covered in the local media and was praised by the international presence in Kosovo. Mr. Peter Faith, the International Civilian Representative in Kosovo, welcomed the Court’s ruling while noting that “this decision strongly reinforces the principle that protecting and promoting the cultural and linguistic rights of all communities strengthens Kosovo and its development as a democratic society.”

Through a grant from DFID, the East-West Management Institute has been supporting the Court with key technical assistance since it was established by law in early 2009. EWMI assistance has encompassed all facets of Court operations, including strategic planning, human resources, infrastructure, budgeting, case management, public outreach and administration, and has included a series of training programs and public information campaigns to ensure that Court staff is qualified and well trained, members of the Court have the capacity to implement its mandate, domestic lawyers understand how to bring complaints before the Court, and the public is aware of the Court and its significance.  The President of the Court has noted publicly that DFID and EWMI’s support has been essential to the Court’s early development and success.

Dr. Arsim Bajrami, Minister of Public Services at a Press Conference for the Opening of the Constitutional Court in February 2009

Kosovo’s Constitutional Court Judges Sworn In