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Pronouncement of the Constitutional Court’s Judgements, Securing their Implementation and Enforcement

Pages
9
2015 / No. 1
Digital Edition

PRONOUNCEMENT OF THE CONSTITUTIONAL COURT'S JUDGEMENTS,
SECURING THEIR IMPLEMENTATION AND ENFORCEMENT
SOME OBSERVATIONS FROM KOSOVO

ULRICH KARPEN
Prof. Dr., University of Hamburg Law School


No Constitutional Court has a "Sherrif" to enforce its decisions. The implementation of a Court's judgements depends primarily on the voluntary compliance of all state organs with the supreme judicial instance, which interprets with binding force "what the meaning of a constitutional norm is", and how it should be implemented. This is a study of the constitutional and statutory law-provisions as well as the Rules of Procedure of one of the "youngest" Constitutional Courts in Europe, namely the Court of Kosovo, acting since 2008. It reflects, however, the standards of most modern Constitutional Courts. The starting point of the implementation and enforcement of a judgement is its clear and transparent operative part. The instrument of fast and interim solution of the case is the injunction. It suspends the contested action or law until a final decision is issued. The enforcement and implementation of the final decision in this paper will be examined in view of the main three actions: disputes between constitu¬tional organs, concerning delimitation of competences, control of constitutionality of norms and finally individual referrals, namely against lower Courts' decisions, including remand to the issuing court by the Constitutional Court's judgement.

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