Constitution of Kosovo
Encyclopedia
The Constitution of Kosovo currently refers either to the Constitution of the Republic of Kosovo or to the Constitutional Framework for the Provisional Self-Government of Kosovo.

The territory of Kosovo was put under the authority of the UNMIK
United Nations Interim Administration Mission in Kosovo
The United Nations Interim Administration Mission in Kosovo or UNMIK is the interim civilian administration in Kosovo, under the authority of the United Nations. The mission was established on 10 June 1999 by Security Council Resolution 1244...

 by United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244, adopted on June 10, 1999, after recalling resolutions 1160 , 1199 , 1203 and 1239 , authorised an international civil and military presence in Kosovo ) and established the United Nations Interim Administration Mission in Kosovo .Resolution...

 of 1999. In May 2001 UNMIK promulgated Constitutional Framework for the Provisional Self-Government of Kosovo that established the Provisional Institutions of Self-Government
Provisional Institutions of Self-Government
The Provisional Institutions of Self-Government or 'PISG' are the local administrative bodies in Kosovo established by the United Nations administration in that province under the terms of UNSCR 1244...

. This framework reserves final authority to the Special Representative
Special Representative of the Secretary-General for Kosovo
The Special Representative of the Secretary-General for Kosovo is an appointed by the Secretary-General to lead the United Nations Interim Administration Mission in Kosovo...

 of the United Nations Secretary-General
United Nations Secretary-General
The Secretary-General of the United Nations is the head of the Secretariat of the United Nations, one of the principal organs of the United Nations. The Secretary-General also acts as the de facto spokesperson and leader of the United Nations....

.

Following the 2008 Kosovo declaration of independence
2008 Kosovo declaration of independence
The 2008 Kosovo declaration of independence was adopted on 17 February 2008 by individual members of the Assembly of Kosovo acting in personal capacity and not binding to the Assembly itself...

, the Republic of Kosovo
Republic of Kosovo
Kosovo , officially the Republic of Kosovo is a partially recognised state and a disputed territory in the Balkans...

 established by this declaration adopted its own constitution that came into effect on 15 June 2008. This constitution acknowledges and adopts the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007 and thus envisions cooperation with EULEX
European Union Rule of Law Mission in Kosovo
The European Union Rule of Law Mission in Kosovo, EULEX Kosovo, is a deployment of European Union police and civilian resources to Kosovo...

 and reserves final authority to the International Civilian Representative for civilian matters and to KFOR for military matters.

The government of Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...

, which claims
Serbia's reaction to the 2008 Kosovo declaration of independence
Serbia's reaction to the 2008 Kosovo declaration of independence – On 12 February 2008, the Government of Serbia instituted an Action Plan to combat Kosovo's anticipated independence, which stipulated, among other things, recalling the Serbian ambassadors for consultations in protest from any state...

 that Kosovo is still a province of Serbia under the interim administration of UNMIK
United Nations Interim Administration Mission in Kosovo
The United Nations Interim Administration Mission in Kosovo or UNMIK is the interim civilian administration in Kosovo, under the authority of the United Nations. The mission was established on 10 June 1999 by Security Council Resolution 1244...

 as provided for by UNSCR1244
United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244, adopted on June 10, 1999, after recalling resolutions 1160 , 1199 , 1203 and 1239 , authorised an international civil and military presence in Kosovo ) and established the United Nations Interim Administration Mission in Kosovo .Resolution...

, does not accept the new constitution and does not recognize the Republic of Kosovo
Republic of Kosovo
Kosovo , officially the Republic of Kosovo is a partially recognised state and a disputed territory in the Balkans...

.

2008 Constitution of the Republic of Kosovo

A draft of the new constitution was prepared and published by April 2008. Many of its provisions derive from the Ahtisaari plan
Ahtisaari Plan
The Ahtisaari Plan, formally the Comprehensive Proposal for the Kosovo Status Settlement , is a status settlement proposal covering a wide range of issues related to the Kosovo status process for kosovo....

, thus granting specific right to minority groups and providing a safer environment for all citizens of Kosovo.

The Constitution of Kosovo was ratified on 9 April 2008 and came into effect on 15 June 2008.
The United Nations Interim Administration Mission in Kosovo
United Nations Interim Administration Mission in Kosovo
The United Nations Interim Administration Mission in Kosovo or UNMIK is the interim civilian administration in Kosovo, under the authority of the United Nations. The mission was established on 10 June 1999 by Security Council Resolution 1244...

 will not leave Kosovo for the time being, since the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

 has not terminated the mission. Since the new constitution will not be enforced in Serb enclaves in Kosovo
Kosovo Serb enclaves
Kosovo Serb Enclaves are the areas of Kosovo where Serbs form a majority, except for North Kosovo. While North Kosovo is connected to the rest of Serbia and mostly functions as a part of it, the enclaves are surrounded with areas of Albanian majority....

, its entering into force in the Albanian dominated parts amounts to a de facto partition of Kosovo.

The foreword reads:

"We, the people of Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...

, Determined to build a future of Kosovo as a free, democratic and peace-loving country that will be a homeland
Homeland
A homeland is the concept of the place to which an ethnic group holds a long history and a deep cultural association with —the country in which a particular national identity began. As a common noun, it simply connotes the country of one's origin...

 to all of its citizens;
Committed to the creation of a state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...

 of free citizens that will guarantee the rights of every citizen, civil freedoms and equality of all citizens before the law;
Committed to the state of Kosovo as a state of economic wellbeing and social prosperity;
Convinced that the state of Kosovo will contribute to the stability of the region and entire Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...

 by creating relations of good neighborliness and cooperation with all neighboring countries;
Convinced that the state of Kosovo will be a dignified member of the family of peace-loving states in the world;
With the intention of having the state of Kosovo fully participating in the processes of Euro-Atlantic
First World
The concept of the First World first originated during the Cold War, where it was used to describe countries that were aligned with the United States. These countries were democratic and capitalistic. After the fall of the Soviet Union and the end of the Cold War, the term "First World" took on a...

 integration;
In a solemn manner, we approve the Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 of the Republic of Kosovo."

It also stipulates that "The Republic of Kosovo shall have no territorial claims against, and shall seek no union with, any State or part of any State.", this being a clear message to any possible irredentist claims (union with Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...

 or annexation of Albanian areas located within Serbia, Macedonia
Republic of Macedonia
Macedonia , officially the Republic of Macedonia , is a country located in the central Balkan peninsula in Southeast Europe. It is one of the successor states of the former Yugoslavia, from which it declared independence in 1991...

 and Montenegro
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...

, but on the other hand also annexation of Serbian-populated areas of Kosovo to Serbia). It provides a secular state "neutral in matters of religious beliefs" (article 8). It has 14 chapters
Chapters
Chapters is a Canadian big box bookstore banner owned by Indigo Books and Music. Formerly a company in its own right competing with Indigo, the combined company has continued to operate both banners since their merger in 2001.-History:...

 and 162 articles.

2001 Constitutional Framework for the Provisional Self-Government of Kosovo

History

In 1913, Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...

 acquired sovereignty over Kosovo according to the provisions of the London and Bucharest treaties. A separate Serbian-Turkish agreement was concluded on March 14, 1914. In 1918, the Kingdom of Yugoslavia
Kingdom of Yugoslavia
The Kingdom of Yugoslavia was a state stretching from the Western Balkans to Central Europe which existed during the often-tumultuous interwar era of 1918–1941...

 was formed and the region was part of the banovina
Banovina
Banovina may refer to:* One of the subdivisions of the Kingdom of Yugoslavia from 1929 to 1941* Any territory ruled by a ban * Banovina in central Croatia, also known as Banija...

s Morava, Zeta and Vardar.

In 1946, the autonomous "Kosovan-Metochian area" was formed within Serbia. The 1963 Yugoslav Constitution recognized "Kosovo and Metochia" as an autonomous province within the Socialist Republic of Serbia. In 1968, the province was renamed to "Kosovo".

The provincial Constitution of Kosovo (1974) was the first constitution of Kosovo. The 1974 Yugoslav federal constitution gave prerogatives of the republics to Kosovo and Vojvodina, although they remained constituent parts of Serbia according to the federal, republican and provincial constitutions. Following the change of Kosovo's legal status in 1974, the Serbian republic leadership sought to reintegrate Kosovo into Serbia by proposing several constitutional amendments, but was unable to obtain the required consent from all Yugoslav republics.

In answer to continued Albanian demands for republic status during the 1980s, Serbia passed a new republic constitution in 1990, renaming the province back to "Kosovo and Metochia" and effectively reverting its legal status to that of the 1946 federal constitution. In response, the Kosovo provincial assembly issued a "Declaration of Independence
Declaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...

" on July 2, 1990, seceding from Serbia (but not from Yugoslavia) under the claim that Albanians were a people (narod) within the "Yugoslav Federation-Confederation", entitled to self-determination. The assembly Declaration was deemed unconstitutional by the Yugoslav Constitutional Court in 1991, on the grounds that a change in the province's status would require changes to the Yugoslav and Serbian constitutions. Since the Declaration would influence the territorial extent and borders of Serbia, it required Serbia's consent according to the 1974 constitution. Furthermore, since Albanians were not a constituent nation of Yugoslavia within the 1974 Yugoslav constitution, but rather a national minority, the court found that they were not entitled to invoke self-determination in order to proclaim Kosovo a federal unit within Yugoslavia. Serbia reacted to the Declaration by dissolving the Kosovo assembly and government on July 5, 1990.

On July 5, 1990 the Republic of Kosova declared its secession from the Republic of Serbia and proclaimed the Constitution of Kosovo (1990). These disputes and questions of sovereignty arose at the end of the 20th century with the breakup of Yugoslavia
Socialist Federal Republic of Yugoslavia
The Socialist Federal Republic of Yugoslavia was the Yugoslav state that existed from the abolition of the Yugoslav monarchy until it was dissolved in 1992 amid the Yugoslav Wars. It was a socialist state and a federation made up of six socialist republics: Bosnia and Herzegovina, Croatia,...

, of which Serbia has been a part.

External links

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