Prospective Constitutional Changes in Kosovo Emanating from the EU Pre-Accession Process


  • Visar Morina Uni Professor of Constitutional Law at the Fac of Law of the University of Prishtina in Kosovo.


Although Kosovo is in the initial period of its European integration process, this article will analyse the extent to which the 2008 Kosovo Constitution is compatible with EU law. Integration in the European Union is one of the key objectives of Kosovo’s constitutional preamble and the paper will discuss the prospective constitutional amendments that will occur in Kosovo in anticipation of accession to the European Union. The author’s position is that a great part of constitutional non-compliance with EU law can be solved through constitutional interpretation (eg the partial transfer of sovereignty), while other issues will require parliamentary intervention through constitutional amendments, a process which does not always run without difficulty in Kosovo’s democracy. In this paper, it is argued that the Kosovo Constitution will require a small package of constitutional amendments during the pre-accession process. Constitutional amendments will be required to ensure the precedence of EU law, but also to ensure that the right to vote and to stand as a candidate in municipal elections by citizens of the EU is guaranteed. Further, the article analyses the kind of impact the EU integration process will have on other specific constitutional issues in Kosovo, such as freedom of movement and the surrender of nationals to other Member States, and what constitutional choices there are to avoid any contradiction between the Constitution and EU law. The study takes into account constitutional adaptations in several Central and Southeast European countries on their path towards EU integration, which can serve as guidelines for the decision-making authorities in Kosovo to identify constitutional gaps and flaws in the course of the EU pre-accession process.

Author Biography

Visar Morina, Uni Professor of Constitutional Law at the Fac of Law of the University of Prishtina in Kosovo.

Visar Morina holds a bachelor's and Master of Science degree (Mr.Sc) from Prishtina University, Kosovo, and a PhD degree in Law from Linz University, Austria. During the last 14 years he has taught in the areas of constitutional law and human rights at universities in Kosovo and Albania and has conducted research and scholarly programs in the University of Graz (Austria), University of Trento (Italy) and Oxford University (UK).  His PhD research, carried out at the Johannes Kepler University in Linz from 2003 to 2007, focused on the challenges and perspectives of constitutional justice in countries in transition: the case of Albania. From March 2002 until present Visar worked as lecturer at the Prishtina University in the Faculty of Law at the bachelor and master level. Visar has published several articles in peer-review journals such in the Review of Central and East European Law, International Journal of Constitutional Law, Denning Law Journal and recently he co-authored a book chapter regarding the judicial application of international law in Kosovo. Visar Morina has acted as legal advisor in the Ministry of Public Administration and the Ministry of Environment of the Government of Kosovo. He has also acted as legal advisor for internationally accredited missions in Kosovo, including the United Nations Mission in Kosovo and the Organization for Cooperation and Security in Europe. He has participated in the capacity of an external expert in the drafting of the 2008 Kosovo Constitution and the Law on the Constitutional Court in Kosovo.




How to Cite

Morina, V. (2016). Prospective Constitutional Changes in Kosovo Emanating from the EU Pre-Accession Process. Croatian Yearbook of European Law and Policy, 12, 299–317. Retrieved from



Notes, Comments and Reports