Kosovo Constitutional Court fails to join ACFF

ACCF
FOTO: ACCF

The Kosovo Constitutional Court failed to obtain the support of a majority of representatives of the constitutional courts and join the Association of Francophone Constitutional Court at the organization’s recent General Assembly in Dakar, Serbia’s Constitutional Court announced today. In the meantime, the Kosovo Constitutional Court confirmed the same allegations, stating that there was a small difference in the number of votes in favor and against its membership.

The Constitutional Court of Serbia participated in the Ninth Congress and the General Assembly of the Association of Francophone Constitutional Courts (ACCF), held in the capital of Senegal, from May 30 to June 1.

According to the statement issed by the court, in the draft agenda of the General Assembly under item seven, the members of this organization addressed the request of the Kosovo Constitutional Court for admission to the ACCF.

“During the vote on item seven of the agenda, the Constitutional Court reiterated the arguments presented by the President of the Constitutional Court Snezana Markovic in letters sent to all constitutional courts, members of the Association of Francophone Constitutional Courts, which contained legal arguments for the Constitutional Court’s firm position that the Constitutional Court of Kosovo does not meet the conditions for admission to the Association,“ the Serbian Constitutional Court said.

While addressing the ACCF General Assembly and arguing about the inadmissibility of the Kosovo Constitutional Court’s request, they added, the Serbian Constitutional Court was guided „solely by rule of law principles, objective legal criteria, and the principles of international law included in the UN Charter, not the political views of certain states.“

“The Constitutional Court won the support of a majority of representatives of constitutional courts for its legal arguments and the stand that the request of the so-called Constitutional Court of Kosovo for membership in the ACCF should not be accepted,” the statement said.

KoSSev reached out to the Kosovan Constitutional Court regarding the allegations of the Constitutional Court of Serbia, but no answer arrived by the time the news was published.

In the meantime, however, the court confirmed for Gazeta Express that it had failed to join the ACCF, stating that this was the first time it had addressed this organization and that it had applied for membership late last year.

„At the 9th Congress of the ACCF, held in Dakar, Senegal, on June 1, 2022, despite a large number of votes won, the membership request of the Court, however, was not supported this time by the required number of member courts with a small difference of votes in favor and against,“ the Kosovan Constitutional Court said, Gazeta Express reports.

The Association of Francophone Constitutional Courts confirmed on Wednesday on its website that the members of this association attended the congress and assembly in Dakar from May 30 to June 1.

They pointed out that approximately 100 people participated in this event, i.e. the president, members, and representatives of 33 member institutions, who were invited to participate in the debate on the Constitutional Court and human rights.

However, the short statement published on the website of this organization makes no mention of the membership request of the Kosovo Constitutional Court.

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