Who is Who – Nexhmi Rexhepi: A judge advocating the rule of law, former Ambassador dismissed by Thaci

Authorities in Pristina have launched attacks on the work of the Constitutional Court of Kosovo, headed by Nexhmi Rexhepi, a former ambassador who established Kosovo’s diplomatic mission in the Netherlands and was involved in securing the release of Ramush Haradinaj in Slovenia. Upon taking office as President of the Constitutional Court, Rexhepi stated that “public trust in the legal order and judicial system is the hallmark of every developed civilization.”

“Every statement that seeks to relativize or prejudge the decisions of the Constitutional Court is not only irresponsible but also harmful to the democratic development of the country,” read part of a recent sharp statement by the Constitutional Court of Kosovo in response to a wave of accusations from the ruling coalition regarding the acceptance of the appeal of the Serb List and the “moratorium” on decisions of the Kosovo parliament.

It was emphasized that the independence of this institution “is not a privilege of its judges, but the foundation of the rule of law.”

“The independence and impartiality of the Constitutional Court of the Republic of Kosovo are protected by the Constitution, and no institution, political party, or individual may interfere in its work,” the judges declared.

And then, just a day later, President Vjosa Osmani sent her comments on their latest decision, countering that “Kosovo cannot be blocked because of one vice president.” It was clear she was referring to the representative of the Serbian community who had not been elected in the process of forming the Presidency of the Kosovo Assembly.

For analysts, this amounted to unequivocal political interference in a decision the Constitutional Court must make by September 30.

Only then will it be known whether the Court’s decision will be guided by “legal or political reasons.”

If Rexhepi’s own narrative as President of this Court is any indication—the rule of law will take precedence in decision-making.

“Public trust in the legal order and judicial system is the hallmark of every developed civilization. We are very pleased with the public trust the Constitutional Court enjoys. For us, the need for public trust by no means implies the need for popularity. We believe in the saying that a lack of trust in the judiciary is the beginning of the end of a society. The role and duty of the Constitutional Court is to ‘protect and safeguard the supremacy of the Constitution,’” Rexhepi said in 2024 during the ceremony at which he assumed the presidency of the Constitutional Court.

Diplomatic Career

In his biography, nearly everything is related to the study of law.

There was only one part of his career when he entered the “diplomatic waters.”

Rexhepi established Kosovo’s diplomatic mission in the Netherlands, a position to which he was appointed by then-President Fatmir Sejdiu on September 16, 2009.

He remained there until 2013, when he was appointed ambassador to Slovenia.

The decree of appointment was signed by then-President of Kosovo Atifete Jahjaga.

It was precisely during this period, in 2015, that Ramush Haradinaj was arrested in Slovenia on the basis of an Interpol warrant.

In one of his rare public statements, Rexhepi said at the time that he expected Haradinaj to be released based on the “traditional historical ties” between the Albanian and Slovenian peoples.

“We believe that good inter-state relations, as well as the traditional historical ties between our peoples, should be viewed beyond what has happened, no matter how unjust or unpleasant this situation may be. Even Slovenian public opinion did not respond well to this situation, but now we must look ahead, in order to further strengthen interstate relations of mutual interest in all areas,” Rexhepi said.

And that is exactly what happened.

However, in 2018, then-President of Kosovo Hashim Thaçi dismissed him, along with seven other ambassadors.

The reason given was the “expiration of mandate.”

He was appointed as a judge of the Constitutional Court on August 9, 2018, and was elected President on December 10, 2024.

It was at his proposal that, on February 28, the Constitutional Court of Kosovo became an associate member of the Conference of European Constitutional Courts.

The decision was adopted at the congress of the 20th Conference of European Constitutional Courts, held this year in Tirana.

In his address, Rexhepi emphasized that membership was not a matter of political advantage, but of shared commitment to democracy, the rule of law, and human rights.

“Our Court has proven that it is a guardian of these values,” said Rexhepi.

Biography

He was born on September 1, 1977, in Pristina. His official biography states that in this city, he completed his undergraduate law studies in 2001, and his postgraduate studies three years later at the Universities of Sarajevo and Bologna.

During his education, he spent one semester at Arizona State University and Johns Hopkins University, among others.

He also trained at the University of Karl Francis in Graz, as well as in Illinois and at the College of Law in Chicago.

“For professional purposes, during the period May–July 2022, he was at the European Court of Human Rights as part of a program supporting the Constitutional Court of the Republic of Kosovo by the Council of Europe,” his official biography notes.

Rexhepi began his professional career at the District Court in Pristina and continued as a lecturer in the Faculty of Law in Pristina, Department of Criminal Law.

He also worked as Head of Legal Affairs in the Ministry of Energy and Mining, as well as Legal Advisor in the International Civilian Office.

In this last institution, it is noted, he “actively participated in working groups on drafting the package of statehood laws.”

Rexhepi was also a member of the team that represented Kosovo before the International Court of Justice.

This was in the case of the request for an advisory opinion following Kosovo’s unilateral declaration of independence in 2008.

Two years later, the International Court of Justice gave a positive response to the question: “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”

Nevertheless, this decision remains the subject of dispute among the expert public.

Rexhepi is married and has three children with his wife, Afërdita.