Research results on “Courts as Policy-Makers?: Examining the Role of Constitutional Courts as Agents of Change in the Western Balkans”, published
The results of the RRPP-funded research project Courts as Policy-Makers?: Examining the Role of Constitutional Courts as Agents of Change in the Western Balkans have recently been published. The project was implemented from 2014 to 2016 by Center for Social Research Analitika, in cooperation with Belgrade Centre for Human Rights, Group for Legal and Political Studies from Kosovo and CRPM – Center for Research and Policy Making from Macedonia.
The project examines the contribution of constitutional courts to democratic transition in five successor states of the former Yugoslavia: Bosnia and Herzegovina, Croatia, Kosovo, Macedonia and Serbia. The key questions the project attempted to address are whether, how, under what conditions, and with what consequences the constitutional courts have positioned themselves as true agents of legal, social and political change in this part of Europe.
Publications can be downloaded at following links:
Examining the Role of Constitutional Courts in Post-Yugoslav Transitions: Conceptual Framework and Methodological Issues, by Edin Hodžić
Introductory paper in this working paper series sets the stage, presenting the main doctrinal assumptions regarding the role of constitutional courts in democratic transitions and addressing methodological challenges of, and possible avenues for, assessing the role of constitutional courts in transitional contexts.
The Role of the Constitutional Court of Serbia in the Times of Transition, by Tatjana Papić and Vladimir Đerić
The paper explores the role of the Constitutional Court of Serbia in the process of democratic transition, unpacking its marginal and marginalized role in the constitutional political system, and discussing the impact of a number of internal and external factors on the Court’s position and performance.
The Transformative Role of the Macedonian Constitutional Court, by Marija Risteska and Emil Shurkov
This paper explores the position, jurisdiction, institutional structure, operation and jurisprudence of the Macedonian Constitutional Court as a policymaker, analyzing the “hit-and-miss” opportunities in its contribution to the state’s democratic transition and consolidation.
Promising Early Years: The Transformative Role of the Constitutional Court of Kosovo, Dren Doli, Fisnik Korenica, and Albana Rexha
This paper analyses the position and role of the Constitutional Court of Kosovo as a guardian of the nascent democracy in Kosovo, exploring the external and internal factors that have contributed to the Court’s having strong voice and agency in the constitutional and political system of Kosovo.
Court as a Policy-Maker?: The Role and Effects of the Constitutional Court of Bosnia and Herzegovina in Democratic Transition and Consolidation, by Nedim Kulenović
In line with contemporary theories on the position and role of the constitutional adjudication in a democratic system, this study offers a comprehensive analysis of the role and performance of the Constitutional Court of BiH in the last twenty years. Numerous existing evaluations and analyses, being rather cursory and partial, have almost completely neglected the issue of the quality of work and decisions of this Court. Thus, we believe that the perspective provided by this study will contribute to a fuller understanding of the role of Constitutional Court in the constitutional and political system of BiH, as well as bring more arguments in the discussions on the present and the future of this immensely important institution in the context of Bosnia and Herzegovina.
The Transformative Role of the Constitutional Court of the Republic of Croatia: From the ex-Yu to the EU, by Sanja Barić
Examining the work of the Croatian Constitutional Court, the paper aims to assess the extent of the Court’s activism in the field of transitional constitutional justice and, consequently, the Court’s successes and failures in promoting the legal transition from a socialist order to a modern constitutional democracy.