Constitutional and Administrative Law
What the exam tests
Expect questions on the separation of powers, the competences of the Assembly, President, Government and courts, the jurisdiction of the Constitutional Court, and the legality of administrative action under the General Administrative Procedure Law.
Constitutional architecture
- Kosovo is a parliamentary republic; the Assembly holds legislative power, the Government executive power, and courts are independent.
- The Constitutional Court reviews constitutionality of laws, international agreements and municipal statutes, resolves competence disputes between institutions, and decides individual complaints after exhaustion of ordinary remedies.
- Courts may refer a preliminary question of constitutionality to the Constitutional Court when the outcome of a case depends on it.
- The Ombudsperson protects individuals against maladministration and may initiate constitutional review.
Administrative law
Administrative acts must rest on a legal basis, be reasoned, respect the right to be heard, observe proportionality, and stay within the authority's competence. Silence of the administration within the statutory deadline is treated as a decision that can be challenged. Annulment is decided by the Administrative Court; compensation for damage is claimed separately before the civil court.
Worked example
A municipality orders demolition of a wall without notifying the owner or giving reasons. The order breaches the duty to hear the party and the duty to reason, and demolition is disproportionate where a fine would suffice. The Administrative Court annuls the act; the owner then sues for damages, proving fault and quantum.
Traps that cost marks
- Filing a constitutional complaint without first exhausting appeals and administrative disputes.
- Confusing annulment of an unlawful act with an award of compensation.
- Treating administrative silence as non-action that cannot be challenged.
- Arguing proportionality as a substitute for legality rather than a further test.