Constitutional Court of the Republic of Kosovo. 
Decisions regarding the government of the Republic of Kosovo. Downfall of the hoti government Cover Image
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Constitutional Court of the Republic of Kosovo. Decisions regarding the government of the Republic of Kosovo. Downfall of the hoti government
Constitutional Court of the Republic of Kosovo. Decisions regarding the government of the Republic of Kosovo. Downfall of the hoti government

Author(s): Julinda Elezi
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Constitutional Court, history; importance; Hoti Government; unconstitutionality; Constitutional Court decision; early elections; formation of the new Government;

Summary/Abstract: From a historical perspective, Kosovo, as a federal unit within the former Yugoslav Federation, developed constitutional review through a constitutional court model. Although the first constitutional court in Yugoslavia was established in 1963, constitutional review in Kosovo began to develop in practice in 1969 with the Constitutional Law of the Socialist Autonomous Province of Kosovo, which introduced constitutional judicial review within the Supreme Court of Kosovo.Today, the Constitutional Court of the Republic of Kosovo is an independent constitutional institution responsible for safeguarding constitutionality and legality and ensuring the supremacy of the Constitution. It is the final authority in interpreting constitutional provisions and in assessing the compatibility of laws with the Constitution. Its decisions are binding on all persons, courts, and public authorities, and are not subject to any form of appeal or institutional review. Furthermore, the Constitutional Court plays a key role in protecting fundamental rights and freedoms guaranteed by the Constitution and directly applicable international instruments. It operates independently in organizational, administrative, and financial terms, ensuring full autonomy in the exercise of its constitutional mandate. This paper analyses the Constitutional Court’s decision regarding the dismissal of the Hoti Government, focusing on its constitutional reasoning, legal consequences, and institutional impact. It examines the circumstances surrounding the ruling, including the mandate of MP Etem Arifi, and evaluates whether the decision was consistent with constitutional standards, as well as its implications for government formation and early elections held on 14 February.

  • Issue Year: 2026
  • Issue No: 01
  • Page Range: 237-252
  • Page Count: 16
  • Language: English
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