The analysis was presented at a discussion table held at the European House in Pristina, with the participation of Parliament deputies, civil society representatives and other participants. The publication was done with the support of Germany’s Embassy in Pristina, the IKD reports.
High Researcher of IKD, Naim Jakaj, said that, despite the Constitutional Court’s decisions being binding, some of them have not been implemented or implemented with considerable delays.
He cited the case of the 572 workers of the Steel Factory in Ferizaj, the case of Fadil Hoxha and the 59 citizens of Prizren, as well as cases related to the Law on the Salat and Constitution of the Parliament.
According to Jakaj, failure to implement decisions violate citizens’ rights, legal security and trust in state institutions. He estimated that the Penal Code should clearly determine responsibility when decisions are deliberately ignored and without justifiable reasons.
Jakaj announced that 12,120 citizens have backed the Civic Legislative Initiative for Change and Complete of the Criminal Code, which was delivered to the Assembly on October 26, 2026. The initiative also includes proposal for criminal responsibility for using public money for electoral gain.
Support for the initiative expressed Deputy Speaker of the Parliament, PDK MP Vlora Citaku. She said the Constitutional Court’s decisions should be implemented, despite party political positions.
By what authority can we tell Kosovo citizens to enforce the law when the institution itself constantly violates it, Citaku said.
She stressed that any institution responsible for failing to implement decisions should be accountable, while proposing the establishment of a parliamentary commission that would require public reporting on their implementation, identification of the responsible institutions and setting deadlines for meeting obligations.
Even LDK deputy Armend Zemaj praised that the Constitutional Court’s decisions cannot be addressed as recommendations.
In a democratic state the Constitutional Court’s decisions should not be seen as recommendations, but are binding, Zemaj said.
Meanwhile, AAK deputy Burim Ramadani said unwilling to implement these decisions has normalised and that the political debate over their content often gets more attention than implementation.
So it seems that in this sense, political discussion of what the Constitutional Court has said is more valuable than the decision itself, Ramadani declared.
He also criticised the government’s lack of public positions for failing to comply with the Constitutional Court’s decisions.
High Researcher of IKD’s, Gzim Shala, said that failure to comply with the Constitutional Court’s judgments would also imply disrespect of the Constitution. He explained that the IKD’s proposal for changing Article 394 of the Penal Code aims to include only cases of deliberate non-compliance, excluding objective delays and difficulties.
What we hope and aim for, and that we have mentioned in the work, is not the addition of criminal procedures for failing to comply with the Constitutional Court’s judgments. Perhaps the most adequate way and the greatest outcome we can achieve in this case is precisely the lack of criminal procedures, Shala said.
Representatives of the Vetevendosje Movement did not attend the table.
In the end, The IKD demanded that the Assembly handle the Civic Legal Initiative, praising that implementation of the Constitutional Court’s decisions is necessary for strengthening rule of law, judicial security and institutional responsibility.
Source Layer: RTKLive