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26 Denning L.J. 19 (2014)
The Legislative Veto from the Perspective of the Kosovo Constitution

handle is hein.journals/denlj26 and id is 19 raw text is: Denning Law Journal 2014 Vol 26 pp 19 - 45 THE LEGISLATIVE VETO FROM THE PERSPECTIVE OF THE KOSOVO CONSTITUTION Visar Morina ABSTRACT The Constitution of Kosovo has established a number of mechanisms for the separation of powers and reciprocal checks and balances among which is the President's authority to return legislation for reconsideration. However, the interaction between the President and the Assembly on matters confronting the legislative veto has unveiled a number of constitutional ambiguities and inconsistencies which rendered involvement of the Constitutional Court necessary to define further the constitutionally- contemplated powers of the President for returning legislation for reconsideration. The article analyses the Presidential legislative veto from the prospect of the 2008 Kosovo Constitution. Through constitutional interpretation and practical cases this article seeks to examine more closely the structural and the functional aspect of the Presidential legislative return statements in post-status Kosovo. 1. INTRODUCTION One of the striking features of the Kosovo Constitution is the principle of the separation of powers between the legislative, executive and the judicial branch. The separation of powers serves at least two essential functions in this new democracy. First, it aims to ensure that the power sharing is appropriately divided and balanced among the three branches of government, and second, that the exercise of the power is reciprocally checked and controlled on the basis of the checks and balances principle. One of these balancing powers is the right of the President of the Republic to veto legislation enacted by the Assembly of Kosovo (hereinafter Assembly) if the President (hereinafter the President) determines that the enacted legislation is constitutionally suspect or violates substantial state or national interests. To some scholars, the * Prof. Dr. Visar Morina is a lecturer of constitutional law at the University of Prishtina in Kosovo and member of the Steering Committee of the Kosovo Chamber of Advocates. I would like to express my gratitude to Professor Brian Anderson who has provided insightful comments for this article. 19

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