Two vacancies and five terms nearing their end: how will Constitutional Court judges be chosen?

Kosovo’s Constitutional Court currently has seven of the nine judges it should have. Two vacancies have remained unfilled since the previous legislative term, while the terms of five more judges are expected to end in August 2027. The Assembly’s decisions on the Court’s membership will therefore also matter for how it functions in the years ahead.

The selection of new judges has renewed debate over judicial independence, political influence on constitutional institutions and the Assembly’s responsibility to base the process on candidates’ merits.

In April of this year, the Special Committee proposed six candidates to the Assembly for the two vacancies, but no judge was elected. Similar delays occurred in 2021, when successive failures prolonged the selection process and sent the procedures back to the beginning.

The election of the two judges is governed by Article 114 of the Constitution. In addition to a majority of the votes of members of parliament present and voting, it requires the support of a majority of members holding seats reserved or guaranteed for non-majority communities.

The process has entered a new phase. On Tuesday, the Special Committee for Reviewing Candidates for Appointment to the Constitutional Court, chaired by Vigan Qorrolli, reviewed the nominations to verify whether the candidates meet the constitutional and legal requirements. After examining their documents, the Committee decided that those who meet the requirements would take a written test and an oral interview.

The written test is scheduled for November 18, and the oral interviews for November 27. Both stages will be used to further assess candidates for the vacancies.

Experts say the decision should be based on merit, professionalism and integrity, without party interference. They say political votes and agreements between parties could influence the selection and raise questions about the independence of the country’s highest constitutional court.

Speaking to “Bota sot,” lawyer Gazmend Halilaj described the selection as an important test for the rule of law. He said the Constitutional Court has the final say in protecting constitutional order and citizens’ rights, so its membership should not be determined by party calculations.

Halilaj, who spoke as a lawyer and supporter of the Vetëvendosje Movement, linked the importance of the process to the constitutional order, judicial independence and democracy in the country. He said candidates should be assessed on their professional abilities and personal integrity and should be independent of party interests and political influence.

He said the Committee’s work in assessing and screening candidates is important, but not enough. Halilaj called for the next stages to be conducted transparently and fairly, with reasoned decisions, without treating the Constitutional Court as part of political calculations.

Halilaj said his support for LVV stems from his beliefs in equality before the law, the fight against the capture of institutions and the separation of powers. He stressed, however, that this support should not affect his position on the selection and that no party should enjoy privileges in appointing judges. Kosovo needs judges who serve the Constitution, not politics, he said.

Halilaj added that an independent Constitutional Court is of vital interest to Kosovo and its citizens. He therefore called for a process that ensures the appointment of professionals with integrity who are not dependent on politics.

Legal affairs expert Blerim Burjani, also speaking to “Bota sot,” gave a critical assessment of how judges have been chosen over the years. He alleged that some had been presented as independent despite having political ties or support.

According to Burjani, previous selections relied on the votes of parties and coalitions and were reached through compromises, whereas now, he claims, the decision is made by one political party. He described judges elected over the years as people with party backing who were presented as independent, and said Kosovo has not had professional, independent judges.

Burjani also expressed doubts about the current process. He said the Assembly may follow the legal procedures and fill the vacancies, but that does not guarantee a selection based on professional criteria. He said judges are chosen by votes rather than criteria, and that the committee members are political figures too.