Specialist Chamber of the Constitutional Court Judgment: Revised Rules Comply with the Kosovo Constitution

28 Jun 2017

The Presiding Judge of the Specialist Chamber of the Constitutional Court, Judge Ann Power-Forde, has today pronounced the Judgment of the Court on the Referral of the revised rules of the Rules of Procedure and Evidence (‘Revised Rules’). The Court has held, unanimously, that the Revised Rules are in compliance with Chapter II of the Constitution of the Republic of Kosovo (‘Constitution’).

On 26 April 2017, the Specialist Chamber of the Constitutional Court had determined that nine rules of the Rules of Procedure and Evidence were inconsistent with Chapter II of the Constitution of and that it was unable to make a finding of consistency in respect of one other rule.

Following this ruling, the other Judges of the Specialist Chambers sitting in Plenary adopted the Revised Rules. The Revised Rules were referred to the Specialist Chamber of the Constitutional Court on 31 May 2017. Pursuant to the Law on Specialist Chambers and Specialist Prosecutor’s Office (‘Law’), the three Constitutional Judges who were assigned to the Constitutional Court Panel had thirty days to review the Revised Rules.

In today’s Judgment, the Specialist Chamber of the Constitutional Court declared that the Referral was admissible. It recalled that, pursuant to the Law, the Specialist Chambers are required to adjudicate and function in accordance with the Constitution and with international human rights law. Having reviewed the Revised Rules adopted by the Plenary, the Court determined that they were in compliance with Chapter II of the Constitution.

Links:
Judgment
Pronouncement of Judgment

 

Source: 
Specialist Chambers