Amending the constitution of the Republic of Kosovo is a necessity to avoid multiple Institutional crises: a Challenging Future for Constitutional Reform
Session
Law
Description
This paper addresses the constitutional framework that causes pollical crises and blockades in the formation of institutions in the Republic of Kosovo. Constitutional and electoral democracy in Kosovo determine pollical (ethnic and gender) inclusiveness in the establishment and functioning of Institutions. However, some constitutional norms (Articles 67,86, and 96) are often used as blocking mechanisms in the formation of Institution, despite the clarity and Interpretation of these norms by the Constitutional Court. The purpose of the paper is to identify the causes that generate political crises and blockades in the formation of institutions following the electoral process and beyond. Furthermore, it aims to propose ways to prevent such political and institutional crises through immediate reform of constitutional provisions. The methodology of the study is mixed, applying the method of legal analysis of constitutional norms, examining cases of Constitutional Court judgments, Assembly transcripts, and their comparison, as well as using secondary sources. The research findings indicate the urgent need for constitutional reform to facilitate the formation of institutions. Constitutional changes are challenging and require the achievement of broad political consensus between the Albanian representative majority and the minority representatives in the Assembly. In addition, fostering a culture of consensus in decisionmaking should serve as the guiding principle for resolving political crises and implementing institutional reform, as well as for promoting respect for and implementation of constitutional rules.
Keywords:
constitutional, formation and functioning of institutions, political and institutional crises, constitutional and institutional reform
ISBN
978-9951-982-41-2
Location
UBT Lipjan, Kosovo
Start Date
25-10-2025 9:00 AM
End Date
26-10-2025 6:00 PM
DOI
10.33107/ubt-ic.2025.238
Recommended Citation
Shala, Xhavit and Shala, Mervete, "Amending the constitution of the Republic of Kosovo is a necessity to avoid multiple Institutional crises: a Challenging Future for Constitutional Reform" (2025). UBT International Conference. 1.
https://knowledgecenter.ubt-uni.net/conference/2025UBTIC/LAW/1
Amending the constitution of the Republic of Kosovo is a necessity to avoid multiple Institutional crises: a Challenging Future for Constitutional Reform
UBT Lipjan, Kosovo
This paper addresses the constitutional framework that causes pollical crises and blockades in the formation of institutions in the Republic of Kosovo. Constitutional and electoral democracy in Kosovo determine pollical (ethnic and gender) inclusiveness in the establishment and functioning of Institutions. However, some constitutional norms (Articles 67,86, and 96) are often used as blocking mechanisms in the formation of Institution, despite the clarity and Interpretation of these norms by the Constitutional Court. The purpose of the paper is to identify the causes that generate political crises and blockades in the formation of institutions following the electoral process and beyond. Furthermore, it aims to propose ways to prevent such political and institutional crises through immediate reform of constitutional provisions. The methodology of the study is mixed, applying the method of legal analysis of constitutional norms, examining cases of Constitutional Court judgments, Assembly transcripts, and their comparison, as well as using secondary sources. The research findings indicate the urgent need for constitutional reform to facilitate the formation of institutions. Constitutional changes are challenging and require the achievement of broad political consensus between the Albanian representative majority and the minority representatives in the Assembly. In addition, fostering a culture of consensus in decisionmaking should serve as the guiding principle for resolving political crises and implementing institutional reform, as well as for promoting respect for and implementation of constitutional rules.