Our project and the Kosovo*[1] Justice Academy joined forces to deliver a workshop on the Constitutional Court’s evolving practice and its alignment with European Court of Human Rights (ECtHR) standards in criminal cases. An engaging event gathered 35 legal professionals including judges and legal associates from ordinary courts and prosecutors for an in-depth discussion on the application of European human rights standards in criminal proceedings.

Four distinguished experts contributed to the workshop including the former President of the Constitutional Court of Kosovo*, and an experienced judge of the Supreme Court of Kosovo*. Participants explored key principles and guarantees under Article 6 of the European Convention on Human Rights (ECHR), Right to a Fair Trial, including general, procedural, and specific safeguards in criminal cases.

In addition to discussing the general guarantees of access to an independent and impartial court established by law, participants examined key procedural safeguards such as equality of arms, the obligation to provide well-reasoned decisions, the treatment of unlawfully obtained evidence, and the right to a trial within a reasonable time. They also explored specific guarantees, focusing on the presumption of innocence, the right to defence, the examination of witnesses, and respect for language rights.

Participants reviewed relevant caselaw of the Constitutional Court in criminal matters, including landmark decisions interpreting positive obligations of States under the Article 2 ECHR, Right to Life. The workshop also explored the role of regular courts in the incidental control of constitutionality of legal acts and the obligation of domestic courts to apply ECtHR jurisprudence in their decisions. Particular attention was given to core principles guiding the interpretation of the ECHR, such as the living instrument doctrine, autonomous concepts, proportionality and necessity in a democratic society, margin of appreciation, and dynamic interpretation consistent with the object and purpose of the Convention.

In the closing session, participants focused on the practical aspects of researching and referencing ECtHR case law, including the use of digital tools and resources to support judicial reasoning. The discussion highlighted access to the ECHR-KS platform, HUDOC, ECtHR Caselaw Guides, Key Themes, and Thematic Factsheets.

All participants received relevant materials and jurisprudence of both the ECtHR and the Constitutional Court to support their continued professional development and application of human rights standards in criminal proceedings.