On 22 October, Irēna Kucina, President of the Constitutional Court, gave a speech at the international conference ‘The Role of Constitutional Courts in Safeguarding Democracy and the Democratic Functioning of Institutions’ in Pristina, which was dedicated to the 17th anniversary of the Constitutional Court of the Republic of Kosovo.
The conference was opened by Mr. Nexhmi Rexhepi, President of the Constitutional Court of the Republic of Kosovo. The conference audience was addressed by H.E. Prof. Dr. Justina Shiroka-Pula, President of the Republic of Kosovo, and Prof. Dr. Stephan Harbarth, President of the Federal Constitutional Court of Germany.
Irēna Kucina gave a presentation in the panel discussion ‘International Standards and Constitutional Interpretation’, turning among the rest to the use of the jurisprudence of the European Court of Human Rights, international human rights instruments, and the findings of the Venice Commission in the work of constitutional courts. The President also drew attention to Latvia’s experience, emphasising the historical and geopolitical situation in which issues of language, historical memory, and national identity are closely linked to external influence, disinformation, and the protection of national security.
‘Democracy cannot be asked to remain passive while the national constitutional order is being weakened. At the same time, the protection of national security cannot become a universal argument that excludes legal analysis. The stricter the action of the state, the more convincing its legal reasoning must be’, the President of the Constitutional Court emphasised.
Irēna Kucina pointed out that the constitutional court, when assessing the restrictions on fundamental rights, must take into account the specific environment in which the particular democratic state operates. The historical experience of a country, its geographical location, the information space, and external pressure can all play a role. At the same time, these circumstances cannot replace a legal justification: the court must be convinced that the means chosen by the state is legally justified, necessary, and proportionate.
When describing the experience of Latvia, the President of the Constitutional Court analysed several cases examined by the Constitutional Court in which the protection of fundamental rights was assessed in conjunction with the protection of the official language, democratic state governance, and national security. These cases concern the creation of public media content in minority languages, the use of language in paid pre-election agitation, the demolition of objects glorifying the Soviet occupation regime, language proficiency requirements for Russian citizens residing in Latvia, as well as the political neutrality of professional soldiers.
Irēna Kucina underlined that the constitutional control is not aimed at choosing between the pluralism of a democratic society or national security. The court must ensure that the state retains the ability to respond to real threats while still acting within the framework of the Constitution and providing that any restriction on fundamental rights is proportionate.
The Constitutional Court has been supporting the development of the constitutional justice of Kosovo and its integration into the European legal space for several years, including by implementing training projects and sharing its experience. With the active advocacy of the Constitutional Court, the admission of the Kosovo Constitutional Court to the Conference of European Constitutional Courts was achieved. The Constitutional Court continues to support Kosovo's path towards the European Union, especially in the strengthening the rule of law and democratic institutions.