Fellow Talk
Wed 04 Mar 2026 | 14:00–15:00

Application of Rule of Law Standards by Constitutional Courts: A Comparative Analysis of CJEU, ECHR, and Venice Commission Influences

Fellow Talk by Dukagjin Abdyli (Constitutional Court of the Republic of Kosovo) | Chair: Victor Ellenbroek (European University Institute) | Discussant: Angelika Nußberger (University of Cologne / re:constitution Advisory Board)

Portrait photo of Dukagjin Abdyli
(c) Foto Gagi

This project explores the application of European rule of law standards by constitutional courts in transitional democracies, with a comparative focus on Kosovo as a primary case study alongside Albania, and Bosnia and Herzegovina. It examines how constitutional courts engage with the normative frameworks developed by the CJEU, ECHR, and the Venice Commission, particularly in cases involving judicial independence, separation of powers, and fundamental rights. While these European bodies have generated a corpus of binding and advisory jurisprudence, their reception in domestic constitutional reasoning remains uneven and context-dependent. The analysis adopts a mixed-methods approach, combining doctrinal legal analysis, comparative case studies, and qualitative interviews with CJEU and ECHR judges and legal advisors. Key jurisprudential developments—such as the CJEU’s emphasis on effective judicial protection, the ECHR’s standards on judicial accountability, and Venice Commission opinions on institutional reform—are used to assess their incorporation into national constitutional judgments. By identifying structural and normative gaps in the application of European rule of law standards, the study offers practical recommendations to enhance judicial coherence and legitimacy in the Western Balkans. The findings will contribute to broader debates on European constitutional pluralism, judicial dialogue, and the conditionality mechanisms of EU enlargement.

Dukagjin Abdyli is a distinguished legal expert specializing in European Law, Constitutional Law, and International Law. He holds a Doctor of Legal Sciences (Dr. iur.) degree from Karl Franzens University of Graz, where his research focused on the interaction between European and international legal frameworks. He also obtained an LLM in EU International Relations and European Economic Law from Katholieke Universiteit Leuven, which further enhanced his expertise in EU legal systems. Dukagjin has held key positions in Kosovo’s public institutions, with a particular focus on constitutional and European integration processes. During his tenure at the Ministry of European Integration, he played a crucial role in the legal approximation process, ensuring the harmonization of Kosovo’s legislation with the EU acquis. Currently, he serves as Deputy Chief Legal Advisor at the Constitutional Court of the Republic of Kosovo, where he provides legal analysis and contributes to the protection and enforcement of fundamental rights. He is also a committed academic, serving as a lecturer at the International Business College of Mitrovica (IBCM), where he teaches European Law, International Law, and International Trade Law. His academic and professional work reflects a strong commitment to the development of rule of law and democraticy.

The Fellow Talk will be chaired by Victor Ellenbroek and Angelika Nußberger will be the discussant.

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