Constitution of Kosovo
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Constitutional status of Kosovo
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Currently, Kosovo is governed after an interim Constitutional Framework ratified in 2001. It provides for the Provisional Institutions of Self-Government, reserving the final authority to the Special Representative of the United Nations Secretary-General based on the United Nations Security Council Resolution 1244.
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[edit] History
- Further information: 20th century history of Kosovo
In 1913, Serbia 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 was formed and the region was part of the banovinas Morava, Zeta and Vardar.
In 1946, the autonomous "Kosovan-Metochian county" 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 had transformed the autonomous provinces Kosovo and Vojvodina into de facto republics, although de jure, they remained constituent parts of Serbia according to the federal, republican and provincial constitutions. Following the improvement 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.[1]
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" 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).
[edit] 2008 draft
A draft of the new constitution was prepared and published.[2] Many of its provisions derive from the Ahtisaari plan, thus granting specific right to minority groups and providing a safer environment for all citizens of Kosovo. It is possible that UNMIK might leave Kosovo sometime in 2008, once the new constitution comes into force on 15 June 2008.[3]
The new Constitution of Kosovo (2008) was ratified on 9 April 2008 and will come into effect on 15 June 2008.[4]
[edit] References
- ^ Peter Radan (2002). "The secession of the Republic of Kosovo from Serbia", The Break-up of Yugoslavia and International Law, Routledge Studies in International Law. London/New York: Routledge, 196-201. ISBN 0415253527.
- ^ W&M professor advises Kosovo constitution drafters. Associated Press (2008-04-03). Retrieved on 2008-05-15.
- ^ Kosovo leaders sign draft constitution. People's Daily (2008-04-08). Retrieved on 2008-05-16.
- ^ Kosovo adopts a new constitution. BBC News (2008-04-09). Retrieved on 2008-05-16.
[edit] External links
- Official Website for the Constitution of Kosovo (2008)
- Constitutions of Kosovo (2008) in several languages
- HTML version of the Constitutional Framework (UNMIK/REG/2001/9) in English
