Incidental Constitutional Control in the Republic of Kosovo: A Comparative Analysis

Abstract

This article analyses incidental constitutional control and the practice of the Con-stitutional Court in the Republic of Kosovo during the period 2009–2022, with particular reference to the requirements addressed within this control, also known as incidental referral. The purpose of this study is to determine the efficiency of incidental constitutional control is in the current form provided by the Constitution of the Republic of Kosovo. The research methodology adopts a combined approach in which quantitative, qualitative, and comparative methods dominate. The importance of this article lies in identifying the existing shortcomings of the current form of this type of constitutional control, as evidenced in the practice of the Constitutional Court in the Republic of Kosovo, and in highlighting the need to develop a more suitable model for future application of incidental referrals in Kosovo, in comparison with other European countries that apply incidental control.