On May 31st 2017, Academy of Justice with the support of UNDP conducted training on Pretrial reference (incidental) and the procedure accord-ing to Article 113 par. 8 of the Kosovo Constitu-tion.
Purpose of this training was extending the judges knowledge related to constitutional referral, its theoretical and normative analysis focusing on provisions of the Republic of Kosovo Constitu-tion, Law on Constitutional Court of Kosovo, Working regulation of the Constitutional Court, as well case law of the Constitutional Court and other courts in the region and other countries.
First part of the training treated the definition of the “pretrial (incidental) referral” in the constitu-tional doctrine, authorized subjects to refer pre-trial cases, as well as timelines and referring cri-teria. While the second part elaborated on effects of the Constitutional Court decisions and its case law.
This training comprehensively elaborated the constitutional referral procedure. This constitu-tional control mechanism, in the constitutional review theory is known as case referral or inci-dental referral. According to the constitutional law model in Kosovo, judges cannot decide themselves about constitutionality of a law that is necessary for their judgment. Therefore, the court can only stop the judicial proceedings and pass the case to the Constitutional Court, which will later decide if the contested law is constitu-tional.
Beneficiaries of this training were judges of basic instance and professional associates.
30-05-2017