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Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo

Florent Muçaj and Luz Balaj

Academicus International Scientific Journal, 2016, issue 14, 168-180

Abstract: This paper aims at clarifying the report between the President and the Constitutional Court. If we take as a starting point the constitutional mandate of these two institutions it follows that their final mission is the same, i.e., the protection and safeguarding of the constitutional system. This paper, thus, will clarify the key points in which this report is expressed. Further, this paper examines the theoretical aspects of the report between the President and the Constitutional Court, starting from the debate over this issue between Karl Schmitt and Hans Kelsen. An important part of the paper will examine the Constitution of Kosovo, i.e., the contents of the constitutional norm and its application. The analysis focuses on the role such report between the two institutions has on the functioning of the constitutional system. In analyzing the case of Kosovo, this paper examines Constitutional Court cases in which the report between the President and the Constitutional Court has been an issue of review. Such cases assist us in clarifying the main theme of this paper. Therefore, the reader will be able to understand the key elements of the report between the President as a representative of the unity of the people on the one hand and the Constitutional Court as a guarantor of constitutionality on the other hand.

Keywords: President; constitutional court; unity of the people; constitutionality; constitutional system (search for similar items in EconPapers)
Date: 2016
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Handle: RePEc:etc:journl:y:2016:i:14:p:168-180