Seitenhistorie

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The stock of reviewed legal findings is still thin. Since From October 2009 until November 2010, the Constitutional Court issued  issued five judgments, 16 decisions, and 19 resolutions (November 2010, http://www.gjk-ks.org/).

The first decision of the Constitutional Court already attracted attention: The case Tomë Krasniqi vs. RTK et Al (Decision, Interim Measure, Case KI 11-09, October 16, 2009) brought down the collection of public broadcasting fees. The applicant, Tomë Krasniqi, a pensioner, petitioned for provisional measures to suspend the charging of Euro 3,5 for the public radio and television broadcaster RTK. Krasniqi stated that the fee represents 10% of his 40 euro retirement payment per month. Though no signal can be received in his area, the amount was directly deducted from his electricity bill. The Constitutional Court found this procedure unconstitutional. The Court ruled the collection system to be discriminatory for taking electricity counters as a reference point and not households. The practice was leading to absurd constellation, where citizens had to pay telecommunication fees for their elevator, as it had its own electricity counter. RTK is currently funded by the ordinary Kosovo budget until an alternative source of financing is found.

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Delayed court judgments and randomness of administrative decisions lead to business planning insecurity, which have a clear impact on slowing down the economical progress of the country. Predictability and access to legal recourse will be essential to create trust, which might be the most crucial cornerstone for the Rule of Law. However, demands have to be realistic: Kosovo is internally coping with political balances, essential issues of reconstruction, state building (e.g. infrastructure, unemployment), and finally a transition of its legal elite, all of which will also effect the conceptual understanding of the Rule of Law.