THE LEGISLATIVE VETO FROM THE PERSPECTIVE OF THE KOSOVO CONSTITUTION

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Published: Sep 24, 2014
DOI: https://doi.org/10.5750/dlj.v26i0.877
Keywords:
constitution legislative veto parliamentary enacted legislation veto rights constitutional court.

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Visar Morina
University of Prishtina in Kosovo.

Abstract

The Constitution of Kosovo has established a number of mechanisms for the separation of powers and reciprocal checks and balances among which is the President’s authority to return legislation for reconsideration. However, the interaction between the President and the Assembly on matters confronting the legislative veto has unveiled a number of constitutional ambiguities and inconsistencies which rendered involvement of the Constitutional Court necessary to define further the constitutionally-contemplated powers of the President for returning legislation for reconsideration. The article analyses the Presidential legislative veto from the prospect of the 2008 Kosovo Constitution. Through constitutional interpretation and practical cases this article seeks to examine more closely the structural and the functional aspect of the Presidential legislative return statements in post-status Kosovo.

Article Details

Issue
Vol. 26 (2014)
Section
Articles

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Author Biography

Visar Morina, University of Prishtina in Kosovo.

Visar Morina holds a bachelor's and Master of Science degree (Mr.Sc) from Prishtina University, Kosovo, and a doctorate degree in legal sciences from Linz University, Austria. During the last ten years he has taught in the areas of constitutional law and human rights at universities in Kosovo and Albania and has conducted research and scholarly programs in the University of Graz (Austria), University of Trento (Italy) and Oxford University (UK). His doctoral research, carried out at the Johannes Kepler University in Linz from 2003 to 2007, focused on the challenges and perspectives of constitutional justice in countries in transition: the case of Albania. From March 2002 until present Visar worked as lecturer at the Prishtina University in the Faculty of Law at the bachelor and master level. Visar has published an article titled “The Newly Established Constitutional Court in Post-Status Kosovo: Selected Institutional and Procedural Concerns” in the Review of Central and East European Law. He also co-authored an article on the relationship between international law and national law in the case of Kosovo that was published in the International Journal of Constitutional Law. Visar Morina has acted as legal advisor in the Ministry of Public Administration and the Ministry of Environment of the Government of Kosovo. He has also acted as legal advisor for internationally accredited missions in Kosovo, including the United Nations Mission in Kosovo and the Organization for Cooperation and Security in Europe. He has participated in the capacity of an external expert in the drafting of the 2008 Kosovo Constitution and the Law on the Constitutional Court in Kosovo. Morina is currently working on justice reform as a Senior Legal Advisor with the United States Agency for International Development - Effective Rule of Law Program in Kosovo.