The Ombudsperson in the Constitutional Jurisprudence of Kosovo

Abstract

Human rights and fundamental freedoms, as the core values of a democratic system in any country, are protected by the Ombudsperson and, without any doubt, the Constitutional Court. These two public authorities, established pursuant to constitutional provisions, have a major influence on protecting and promoting fundamental rights and freedoms, but also on consolidating the citizen’s trust in them and the improvement of the state’s image. Specifically, decisions of the Constitutional Court constitute the ultimate pillar of the rule of law, while the reasoning of such decisions clearly demonstrates the principal and democratic state of constitutional justice. The Ombudsperson’s jurisdiction is defined by constitutional provisions and he/she may take part in Constitutional Court proceedings as an authorized party or as an interested party. In this sense, one can see the interaction between the Ombudsperson Institution and the Constitutional Court not only in the Ombudsperson referring issues/cases to the Court, but also in the Ombudsperson arguing and reasoning referrals submitted to it, in which he/she considers that certain legal acts of public authorities constitute a potential infringement of human rights.