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103-522: The Assembly of the Republic of Kosovo is regulated by the Constitution of Kosovo and has 120 directly elected members; 20 are reserved for national minorities as follows: Albanian is the official language of the majority, but all languages of minorities such as Serbian, Turkish and Bosnian are used, with simultaneous interpretation . The Assembly of the Republic of Kosovo in this legislature has

206-859: A Muslim Yugoslav nationality. As a result of these reforms, there was a massive overhaul of Kosovo's nomenklatura and police, that shifted from being Serb-dominated to ethnic Albanian-dominated through firing Serbs in large scale. Further concessions were made to the ethnic Albanians of Kosovo in response to unrest, including the creation of the University of Pristina as an Albanian language institution. These changes created widespread fear amongst Serbs that they were being made second-class citizens in Yugoslavia by these changes. The Socialist Autonomous Province of Kosovo received more autonomy within Serbia and Yugoslavia by constitutional reform in 1974. In

309-707: A flag and a coat of arms , and be obligated to carry out border demarcation on the Kosovo- Republic of Macedonia border. The Albanian negotiators essentially in whole supported the Ahtisaari plan, the latter that also gained the support of the European Union and of the United States. However, Serbia and Russia rejected it outright, and continued United Nations intersession was fruitless. Negotiations stopped. The Kosovars unilaterally proclaimed

412-526: A "Constitutional Framework for Provisional Self-Government (ciat :) Although it provides a constitutional framework, it is not constitution, and is deliberately nonjudgmental on the question of sovereignty, as UNMIK itself does not have a role in the determination of Kosovo's final status It defines Kosovo as "an entity under interim international administration" and "an undivided territory". Serbia's interference in Kosovo has caused significant problems. UNMIK

515-461: A 1389 Battle of Kosovo . Milošević's Gazimestan speech , which marked the beginning of his political prominence, was an important part of the events that contributed to the ongoing crisis in Kosovo. The ensuing Serbian nationalist movement was also a contributing factor to the Yugoslav Wars . The status of Kosovo was returned to the pre-1968 Autonomous Province of Kosovo and Metohija by

618-424: A Constitutional Framework for Provisional Self-Government in Kosovo on 15 May 2001. The charter stated that "Kosovo is an entity under interim international administration" and established Provisional Institutions of Self-Government in Kosovo including a 120 member Assembly of Kosovo , a Cabinet of Kosovo and the positions of President of Kosovo and Prime Minister of Kosovo . Kosovo's constitutional status of

721-766: A form for consultation and coordination amongst communities and shall ensure the effective functioning of the community representative organizations according to a code of conduct to be adopted by the Community Consultative Council; and shall provide a mechanism for regular exchange between communities and state institutions. Also, minority rights are well defined in Constitution of Kosovo in General principles of Chapter III: Socialist Autonomous Province of Kosovo The Socialist Autonomous Province of Kosovo , referred to simply as Kosovo ,

824-574: A great support of the Contact Group, which included the United States, the UK, France, Germany and Italy as well as Russia. On 2 February 2007, the final report was released which included the "Ten guiding principles", which created a structure and authorities for the broad governing of Kosovo and its government. The report contained a broad provision for Kosovo's autonomy which included the power to enter into international agreements as well as to become

927-571: A high degree of constitutional, legislative and judicial autonomy. Per the Constitutions of SFR Yugoslavia from 1974, SAP Kosovo also gained its own Constitution and the highest officials, most notably Presidency and Government. The constitution stated that all ethnicities of Kosovo should unite under the people's socialist revolution and the Communist party in its lead, against class warfare and further class inequality . The head of

1030-528: A member of international organizations but the report also constrains Kosovo's sovereignty because of the power sharing arrangements with the minority groups that international missions had the power to enforce. The only contact group state that refused the proposal was Russia, stating that the Serbian part of the agreement was not held. Because of Russia's rejection of the plan, a "Troika" from German Foreign Minister Frank-Walter Steinmeier of representatives from

1133-498: A new entity. In July 1945, a "Resolution for the annexation of Kosovo–Metohija to federal Serbia" was passed by Kosovo's " Regional People's Council ". From 1945 to 1963, it was the Autonomous Region of Kosovo and Metohija ( Serbo-Croatian : Аутономна Косовско-Метохијска Област / Autonomna Kosovsko-Metohijska Oblast ), which was a lower level of autonomy than Vojvodina . The Autonomous Region of Kosovo and Metohija

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1236-522: A period of consultations with the parties in Vienna to finalize the Settlement. He made clear that his proposal was a draft and that he would incorporate compromise solutions into the final document. After this period of consultations and further modification of the Settlement, Ahtisaari convened a high-level meeting of the parties in Vienna on 10 March. After this meeting, leaders from both sides signaled

1339-583: A permanent international protectorate?", p. 288 in The UN Role in Promoting Democracy: Between Ideals and Reality, eds. Edward Newman, Roland Rich (United Nations University Press, 2004). However the part in question was never implemented. The severely circumscribed control exercised by Serbia in Kosovo has led some commentators to describe the nature of its sovereignty as purely "nominal". On 15 May 2001, UNMIK enacted

1442-416: A republic, or declaring support for Albania. The Socialist Autonomous Province of Kosovo ( Serbo-Croatian : Социјалистичка Аутономна Покрајина Косово / Socijalistička Autonomna Pokrajina Kosovo , Albanian : Krahina Socialiste Autonome e Kosovës ) was the name used from 1968, when the prefix "Socialist" was added, and the term "Metohija" was dropped. The name Socialist Autonomous Province of Kosovo

1545-556: A seat in the Federal Presidium of Yugoslavia (including veto power on the federal level) which equated it to the states of SR Serbia. The local Albanian-dominated ruling class had been asking for recognition of Kosovo as a parallel republic to Serbia within the Federation, and after Josip Broz Tito ’s death in 1980, the demands were renewed. In March 1981, Albanian students started the 1981 protests in Kosovo , where

1648-528: A social protest turned into violent mass riots with nationalist demands across the province, which the Yugoslav authorities contained with force. Emigration of non-Albanians increased and ethnic tensions between Albanians and non-Albanians greatly increased, with violent inner-attacks, especially aimed at the Yugoslavian officials and representatives of authority. The 1985 Đorđe Martinović incident and

1751-470: A solemn manner, we approve the Constitution of the Republic of Kosovo. Article 7, ensures the values and freedoms by the rule of law, equality same as respect, gender equality and social justice and the neutrality towards religion by the article 8 of the Constitution. The constitution guides Kosovo's law and political culture. Writers were influenced mostly by two documents: the Ahtisaari plan and

1854-667: A total of fourteen committees, the number of committees varies depending on the legislature. The Assembly Building is located at Ibrahim Rugova Square in Pristina , the capital city of Kosovo. The building, which dates from the 1950s, underwent an extensive refurbishment in 2004 which included the complete redesign of the plenary chamber. 42°39′53″N 21°09′51″E  /  42.66472°N 21.16417°E  / 42.66472; 21.16417 Constitution of Kosovo The Constitution of Kosovo ( Albanian : Kushtetuta e Kosovës , Serbian : Устав Косовa , Ustav Kosova )

1957-479: A total unwillingness to compromise on their central demands (Kosovo Albanians for Kosovo's independence; Serbia for continued sovereignty over Kosovo). Concluding that there was no chance for the two sides to reconcile their positions, Ahtisaari said he intended to submit to the UN Security Council his proposed status recommendations, including an explicit recommendation for the status outcome itself, by

2060-656: Is a parliamentary democracy. The constitution and laws provide for the authorities and responsibilities of the freely elected unicameral national Assembly, the Assembly-approved government, and the Assembly-elected president. Kosovo accepted the Ahtisari plan, and provided for internationally sponsored mechanisms, including an International Civilian Office and the EU Rule of Law Mission (EULEX), to support

2163-650: Is elected by a two-thirds majority of all the deputies of the Assembly. Competencies of the President of the Republic of Kosovo: proposal of the Kosovo Judicial Council The President's Cabinet is the highest body of the presidency of the Republic of Kosovo consisting of the structure presented in following: The President of the Republic of Kosovo, Prof. Dr. Fatmir Sejdiu was elected the President of Kosovo on 10 February 2006 and

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2266-406: Is no consensus on the definition and characteristics of a 'minority', and this issue is often politically contested. Most commonly, a minority is considered a non-dominant group with an identity distinct from that of the majority population in a country. 'Minority rights' refer to group specific rights, in addition to general human rights and civil and political liberties, that any individual member of

2369-518: Is the head of the government. The unicameral Kosovo Assembly contains 120 seats. Of those seats, ten are reserved for ethnic Serbs, ten for other designated minorities, and three are for other non-specified minority groups. The Constitution through the Constitutional Commission – Timeline by the press releases of the Constitutional Commission – All these can be found here – All these can be found here – – Audio presentation of

2472-596: Is the supreme law (article 16) of the Republic of Kosovo , a territory of unresolved political status . Article four of the constitution establishes the rules and separate powers of the three branches of the government . The unicameral Assembly of the Republic exercises the legislative power , the executive branch led by the President and the Prime Minister which are responsible for implementing laws and

2575-455: The Battle of Kosovo . Some think that this speech helped Miloševic consolidate his authority in Serbia. With the rise to power of nationalist movement in Serbia, the limitation of powers for Kosovo begin. In 1989 the Serbian assembly began passing amendments for restricting Kosovo's powers, guaranteed by the 1974 SFRY Constitution. It could propose such amendments but these required acceptance by

2678-587: The First Balkan War it was incorporated into the Kingdom of Serbia by the Treaty of London . At the time that Serbia annexed Kosovo (1912–1913), the 1903 constitution was still in force. This constitution required a Grand National Assembly before Serbia's borders could be expanded to include Kosovo; but no such Grand National Assembly was ever held. Constitutionally, Kosovo should not have become part of

2781-430: The Kingdom of Serbia . It was initially ruled by decree. Serbian political parties, and the army, could not agree on how to govern the newly conquered territories; eventually this was solved by a royal decree. In 1918, the region of Kosovo, with the rest of Serbia, became part of newly formed Kingdom of Serbs, Croats and Slovenes (since 1929 renamed as Kingdom of Yugoslavia ). During the interwar period (1918-1941),

2884-672: The Republic of Kosova . In May 1992, Ibrahim Rugova was elected president. During its run, the Republic of Kosova was recognized only by Albania ; it was formally disbanded in 2000, after the Kosovo War , when its institutions were replaced by the Joint Interim Administrative Structure established by the United Nations Interim Administration Mission in Kosovo (UNMIK). The Constitution of Kaçanik 1990,

2987-593: The Stalinist policies of Albania's Enver Hoxha . In 1956, a show trial in Priština was held in which multiple Albanian Communists of Kosovo were convicted of being infiltrators from Albania and were given long prison sentences. High-ranking Serbian communist official Aleksandar Ranković sought to secure the position of the Serbs in Kosovo and gave them dominance in Kosovo's nomenklatura . Islam in Kosovo at this time

3090-485: The judicial system headed by the Supreme Court . The constitution was signed on 7 April 2008 at 13:00 local time at the national library in Pristina . The constitution was ratified on 9 April and came to effect on 15 June 2008. The Constitution of the Republic of Kosovo can be changed through the amendment process (article 144). Constitutional amendments are added to it, altering its effect. The foreword of

3193-470: The presidency of Slobodan Milošević , that level of autonomy was reduced. In 1990 the term "Metohija" was reinserted into the provincial name, with "Socialist" being dropped. From that point on the official name of the province was once again Autonomous Province of Kosovo and Metohija , as it had been between 1963 and 1968. Until 1912, the region of Kosovo was under Ottoman rule. After

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3296-531: The 1970s, Belgrade adopted Albania's Tosk-based standard of the Albanian language, which ended the brief flourishing of the Gheg-based Kosovar language. The Autonomous Province of Kosovo and Metohija ( Serbo-Croatian : Аутономна Покрајина Косово и Метохија / Autonomna Pokrajina Kosovo i Metohija , Albanian : Krahina Autonome e Kosovës dhe Metohisë ) was the name used from 1963 to 1968, when

3399-515: The 1987 Paraćin massacre contributed to the atmosphere of ethnic tensions. In 1988 and 1989, Serbian authorities engaged in a series of moves known as the anti-bureaucratic revolution , which resulted in the sacking of province leadership in November 1988 and a significant reduction of autonomy of Kosovo in March 1989. On 28 June 1989, Milošević led a mass celebration of the 600th anniversary of

3502-465: The Ahtisaari plan after its Finnish UN creator, had been substantially implemented. When the time came for resolution of the process, United Nations Secretary General Kofi Annan appointed Martti Ahtisaari to lead the Kosovo status process in November 2005. In a period of fourteen months Ahtisaari held seventeen rounds of negotiations between Serbian and Kosovar officials in Vienna and made twenty-six expert missions to both capitals. These discussions had

3605-557: The Assembly Ilaz Kurteshi  [ sr ; sq ] signed the constitution on 27 February 1974 and it was adopted the same day. Five points below explain the main reasons for its existence and importance: After the speech that Slobodan Milošević gave on 24 April 1987 and on 28 June 1989, the Gazimestan speech in front of a large number of ethnic Serbs at the main celebration marking the 600th anniversary of

3708-654: The Commission holding public hearings for gathering more suggestions the final draft was created. The final draft was completed in April 2008 and the ratification process then went into force on 15 June 2008. The new Constitution created a parliamentary republic with pledges to protect minorities. In terms of structure, the President is the head of state and the Prime Minister, elected by the Kosovo Assembly,

3811-472: The Constitution in late summer of 2007. Then the entire Commission submitted drafts for the reviewing process, internal and international advisors did the review. By the end of 2007, the Commission produced a draft constitution, directly derived from the Ahtisaari plan. After the Declaration of Independence, the Constitution was published for public comment, with more than 1000 comments from the public and

3914-406: The Constitutional Commission began to draft the Constitution as early as March 2007. The commission was to be composed of 21 Kosovo members, 15 appointed by the President of Kosovo, 3 by the Assembly holding seats reserved for minorities especially Serbs, and 3 members of other minority communities also appointed by the Assembly. First the sub-groups of the Commission published the drafted segments of

4017-580: The Environment, Interpretation of Human Rights Provisions, Judicial Protection of Rights, Limitations on Fundamental Rights and Freedoms and Fundamental Rights and Freedoms During a State of Emergency Constitution of Kosovo, chapter II. Communities are defined as national, ethnic, cultural, linguistic or religious groups traditionally present in the Republic of Kosovo that are not in the majority. These groups are Serb , Turks , Bosnians , Roma , Ashkali , Egyptians , Gorani and other communities. There

4120-549: The Kosovo Assembly before being adopted. On 23 March 1989 Kosovo Assembly accepted changes to its constitution, removing its autonomy. Representatives handpicked by Serbia approved changes to Kosovo's Constitution, starting the disintegration of the SFRY and the oppression and brutality in Kosovo. Kosovo Albanians responded with a non-violent independence movement, employing widespread civil disobedience and creation of parallel structures in education, medical care, and taxation, with

4223-769: The Kosovo Serbs and the Kosovo Albanians. After 13 years of international oversight, Kosovo's authorities formally obtained full unsupervised control of the region (less only North Kosovo) on 10 September 2012 when Western Powers terminated their oversight. The International Steering Group, in its final meeting with the authorities in Pristina, declared that the Comprehensive Proposal for the Kosovo Status Settlement, known as

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4326-521: The Kraljevo srez , of which the population was wholly Serb. After this, the number of Serbs drastically fell (but remaining the plurality). In 1959, Leposavić was incorporated into the province. After the Tito-Stalin rift in 1948, the relations between Stalinist Albania and Yugoslavia were also broken. Language policy was of utmost importance in communist Yugoslavia, which after World War II

4429-1107: The Law, Right to Life, Right to Personal Integrity, Prohibition of Torture, Cruel, Inhuman or Degrading Treatment, Prohibition of Slavery and Forced Labor, Right to Liberty and Security, Rights of the Accused, Right to Fair and Impartial Trial, Right to Legal Remedies, The Principle of Legality and Proportionality in Criminal Cases, Right not to be Tried Twice for the Same Criminal Act, Freedom of Movement, Right to Privacy, Right to Marriage and Family, Freedom of Belief, Conscience and Religion, Religious Denominations, Freedom of Expression, Right of Access to Public Documents, Freedom of Media, Freedom of Gathering, Freedom of Association, Freedom of Election and Participation, Protection of Property, Right to Education, Freedom of Art and Science, Right to Work and Exercise Profession, Rights of Children, Health and Social Protection, Responsibility for

4532-459: The Republic of Kosovo, and obligating themselves to follow the Ahtisaari plan's provisions in full. Border demarcation talks with Macedonia were delayed because the Kosovars insisted on the pre-condition of official recognition but eventually withdrew the opposition. The 2008 Kosovo declaration of independence elicited mixed international reaction and was domestically continuously polarizing between

4635-475: The Rights of Communities and their Members in the Republic of Kosovo. Members of the community in the majority in the Republic of Kosovo, who as a whole are not in the majority in a given municipality, are also entitled to have the rights listed in this law. The authorities in the republic of Kosovo, including the courts, interpret this law in accordance with the guarantees of human rights and fundamental freedoms and

4738-621: The Special Representative of the UN Secretary-General (S.R.S.G.), Bernard Kouchner, there was an attempt to see if the 1999 Rambouillet Peace Accords document could be used as a model for constitution drafting, but this document essentially gave Serbia power to establish territorial and institutional "parallel structures" of government in Kosovo and also block decision-making processes in the central government in Kosovo. Kouchner realized that Rambouillet could not be

4841-505: The U.N. Charter ... by undermining sovereignty of U.N. member Serbia (citat: ^ "Ahtisaari's proposal unacceptable and illegitimate for Serbia", Government of the Republic of Serbia website, Belgrade, 7 February 2007.) President Boris Tadic did receive Ahtisaari, after which he reaffirmed his vow to never accept an independent Kosovo (citat : ^ "U.N. envoy unveils Kosovo proposal, by Garentina Kraja, Associated Press (AP), Pristina, 2 February 2007). Foreign Minister Vuk Draškovic warned that it

4944-572: The UN Special Envoy and former President of Finland , Martti Ahtisaari , hoped that a supervised independence by the European Union (without expressly using the word "independence") would show that the polarized interests in Kosovo could sustain self-governance with a constitution and a representative government that was obligated to expressly protect its minorities' rights. Kosovo would be accorded its own national symbols such as

5047-475: The United States, European Union, and Russia held additional negotiations to reach an agreement. However, the parties were not able to reach an agreement on the final status of Kosovo. Despite the stalemate inside the international consensus, Kosovo declared independence on 17 February 2008 and the Assembly adopted a declaration of independence in accordance with the Special Envoy of the U.N. Ahtissari and

5150-546: The World Bank. The establishment of the U.N. Interim Administration Mission in Kosovo (UNMIK) based on the U.N. Security Council Resolution 1244 was primarily intended to preserve the territorial integrity of Kosovo and grant it "substantial autonomy" until a final status could be met. Albanian Kosovars viewed this mandate as a step towards an independent and sovereign Kosovo. In a secret meeting in Prizren in 2000, headed by

5253-632: The already widened literacy in the region due to the Bulgarian occupation and the Bulgarian-medium school. Likewise, in postwar Kosovo, the local Albanian language was distanced from Albania's standard steeped in Tosk , by basing it on the Kosovar dialect of Gheg . As a result, a standard Kosovar language was formed. However, after the rapprochement between Albania and Yugoslavia at the turn of

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5356-422: The annexed regions of Metohija and central Kosovo . A reign of terror was enforced by Albanian nationalist organization Balli Kombëtar and by Skanderbeg SS Division , created by Heinrich Himmler . By the end of 1944, the Serbian population of the region was decimated. In 1944, Tito had written that it "will obtain a broader autonomy, and the question of which federal unit they are joined to will depend on

5459-404: The areas in which they live. This law provides the establishment of a Community Consultative Council under the auspices of the President of the Republic of Kosovo. This council will assist in the organization and the articulation of the views of communities and their members in relation to legislation, public policies and programs of special importance to them. In addition, this council shall provide

5562-534: The commission – (16) The Republic of Kosovo has three branches of the government: Legislative which is led by the Assembly, Executive branch which is led by the President and Prime Minister and the Judicial System which is led by the Supreme Court. The Republic of Kosovo is an independent, sovereign, democratic, unique and inseparable state. The Republic of Kosovo is a democratic republic based on

5665-663: The commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2 [the Finnish-Russian proposals]." It also established a requirement that the post-conflict status process must take full account of "the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia." The problem for either side

5768-549: The companies subject to privatization sued first UNMIK and then the UN in New York. Swedish economist Jessica Johnson claims that the fact that Kosovo is still regarded in law as being part of Serbia, as well as the ongoing political tensions, has caused it significant difficulties in achieving economic development and that its uncertain legal status has prevented it from accessing lending from International Financial Institutions such as

5871-452: The constitution reads: We, the people of Kosovo, determined to build a future of Kosovo as a free, democratic and peace-loving country that will be a homeland to all of its citizens; committed to the creation of a state 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

5974-480: The constitutional status of the region Kosovo within Yugoslavia was unresolved. In 1941, the Kingdom of Yugoslavia was attacked and occupied by Nazi Germany and its allies. The region of Kosovo was occupied by Germans (northern part), Italians (central part) and Bulgarians (eastern part). Italian occupation zone was formally annexed to Fascist Albania . That marked the beginning of mass persecution of ethnic Serbs in

6077-528: The document that would establish a sustainable government scheme for Kosovo and Serbia, though the idea of using the peace accords as a foundation for the constitution would be an inspiration for the Ahtisaari Plan. Serbia's unwillingness to recognize Kosovo and the general lack of consensus in the international community as to whether Kosovo should be independent left Kosovo in a state of limbo after 1999, during its administration under UNMIK. To mitigate

6180-493: The draft laws that were not proposed by the Government. The competencies of the Government are: The competencies of the Prime minister are: General Principles of the Judicial System in article 102, in constitution: The right to extraordinary legal remedies is regulated by law. The law may allow the right to refer a case directly to the Supreme Court, in which case there would be no right of appeal. Organization and Jurisdiction of Courts in article 103 of constitution: Kosovo

6283-451: The economic and social problems that come from what was essentially a client state like Kosovo, the U.N. Security Council issued the Comprehensive Proposal for the Kosovo Status Settlement, otherwise known as the Ahtisaari Plan. Ahtisaari stated on 8 February 2007 that after a period of consultations with the parties he would finalize his Settlement proposal for submission to the UN Security Council and at that stage he would also elaborate on

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6386-400: The end of March. In November 2008, the EU accepted the demand of Serbia not to implement the plan of Ahtisaari through EULEX. The Republic of Kosovo declared independence on 17 February 2008. The participants unanimously declared Kosovo to be independent from Serbia, while all 11 representatives of the Serb minority boycotted the proceedings. The legality of the declaration, and whether it

6489-438: The essential elements of their identity, namely their religion, language, traditions and cultural heritage. In addition to the specific rights enumerated in this law, fundamental human rights shall be exercised freely and equally, including freedom of thought, of expression, of the media, of association and assembly, of religious belief and practice, and the right to manifest in private or in public, individually or in community with

6592-519: The executive power in accordance with the Constitution and the law. The Government of Kosovo is composed by the Prime minister, vice-prime ministers and ministers. The Government implements the laws and acts ratified by the Assembly of Kosovo, and carries out other activities within the responsibilities defined by the Constitution and law. The Government takes decisions in accordance with the Constitution and laws, and proposes draft laws and amendments of existing laws and other acts, and may give opinions about

6695-404: The fourhand – and the United Nations Security Council Resolution 1244 which was the base document for a period from 10 June 1999. The final authority for the interpretation of the constitution of the Republic of Kosovo is the Constitutional Court of Kosovo . Kosovo lawyers and politicians have repeatedly called for amendments or a thorough revision of the constitution. Proposals include removing

6798-405: The free vote of the people – secret and democratic voting. The Assembly of the Republic of Kosovo has these responsibilities: To meet its responsibilities the Assembly convenes every week. The Presidency of the Assembly is responsible for reviewing and preparing the daily agenda of the Assembly for the meeting of the previous week and the temporary daily agenda for two weeks ahead. The approval of

6901-432: The fundamental human rights and freedoms established in international legal obligations building upon the Republic of Kosovo. These rights and freedoms are guaranteed by the constitution, other laws, regulations and other state policies. For the protection and promotion of the rights of communities and their members in the Republic of Kosovo, the Assembly of the Republic of Kosovo ratified the Law on Protection and Promotion of

7004-411: The government's decisions is reached with consensus and if there is not consensus then the approval is done with the majority of the votes of members present. To the right to present the draft laws in the Assembly are entitled the Government, the President of Republic of Kosovo, the Assembly deputies, or at least ten thousand citizens as provided for by the law. After the process of presenting the draft law

7107-557: The law and Government there. Fundamental Rights and Freedoms are provided by the Constitution of Kosovo, in accordance with the Ahtisari Plan: Human rights and fundamental freedoms guaranteed by the following international agreements and instruments are guaranteed by this Constitution, are directly applicable in the Republic of Kosovo and, in the case of conflict, have priority over provisions of laws and other acts of public institutions: Other rights and freedom that took place on Constitution of Kosovo, such as: Human Dignity, Equality Before

7210-403: The local population, in search of "traitors" and "fifth columnists", although the earliest underground pro- Tirana group was not founded until the early 1960s. In the mid–1950s, the Assembly of PR Serbia decided that the Leposavić municipality (187 km ) be ceded to the Autonomous Region of Kosovo and Metohija , after requests by the Kosovo leadership. It had up until then been part of

7313-436: The minority can choose to enjoy. 'Minority protection' refers to the overall situational and policy framework in which these minority rights are embedded. Notably, minority protection will only be effective when both majority and minority groups have incentives to adhere to the established institutions and rights. The people belonging to communities in the Republic of Kosovo are entitled to have individually or jointly with others

7416-547: The new Constitution of the Republic of Serbia , adopted on 28 September 1990. The Kosovo War followed with Kosovo coming under United Nations administration in 1999. Later, in February 2008, Kosovo declared its independence from Serbia, while Serbia continues to claim it as the Autonomous Province of Kosovo and Metohija. According to the 1981 census, the one taken during the period between 1974 and 1990,

7519-464: The new constitutions of Yugoslavia and Serbia, adopted during the reform of 1974, Kosovo was granted major autonomy, allowing it to have not only its own administration and assembly, but also a substantial constitutional, legislative and judicial autonomy. Per the Constitutions of SFR Yugoslavia and SR Serbia, SAP Kosovo also gained its own Constitution. The Province of Kosovo gained the highest officials, most notably Presidency and Government, and gained

7622-422: The official languages of Kosovo of their choice. The Government of the Republic of Kosovo takes the necessary measures to ensure that persons belonging to communities shall have equal access to health care without discrimination. Communities and their members have the right to effective participation in political decision-making at all levels of government, including the decisions of special importance for them or for

7725-435: The others, the cultural attributes of the respective community. The Republic of Kosovo shall create appropriate conditions that enable communities and their members to freely maintain, express and develop their identities. According to this law, Albanian and Serbian languages and their alphabets are official languages of the Republic of Kosovo and have equal status in its institutions. The Turkish, Bosnian and Roma languages have

7828-598: The people themselves, through their representatives" although in practice decision making was centralised and undemocratic. There were various proposals to join Kosovo to other areas (even to Albania ) but in 1945 it was decided to join Kosovo to the Socialist Republic of Serbia . However, one piece of the former Kosovo Vilayet was given to the new Yugoslav republic of Macedonia (including the former capital Skopje ), whilst another part had passed to Montenegro (mainly Pljevlja , Bijelo Polje and Rožaje ), also

7931-721: The period June 1999 – February 2008 was established by the United Nations in UN Security Council Resolution (UNSCR) 1244, adopted on 10 June 1999. The Security Council placed Kosovo under the temporary administration of the United Nations Mission in Kosovo (UNMIK), under the leadership of a Special Representative of the Secretary General. It also explicitly upheld the existing sovereignty of Serbia over Kosovo, "reaffirming

8034-428: The plan agreed by the official Prishtina. (8) It pledged to be a democratic republic and accept all the obligations under the Ahtisaari plan, including the adoption of a new constitution within 120 days. The Kosovo Assembly approved a new constitution in April 2008 and it went into effect on 15 June 2008. Although Kosovo declared independence in February, the U.N. did not approve the plan of the Special Envoy, Ahtisaari;

8137-666: The population of the province numbered 1,584,441 people, including: The only political party in the province was League of Communists of Kosovo , which was part of the League of Communists of Serbia and part of the League of Communists of Yugoslavia . Chairman of the Executive Council of the People's Committee of the Socialist Autonomous Province of Kosovo: Chairmen of the Executive Council of

8240-443: The principle of division of governments and checks and balances among them. In the Republic of Kosovo the legislative power is exercised by the Assembly of the Republic of Kosovo. As such, the Assembly of the Republic of Kosovo is the highest representative and legislative institution in Republic of Kosovo directly elected by the people. The Assembly comprises 120 deputies elected by secret ballot. However, not all deputies are elected by

8343-438: The process goes through these phases: The President is the head of the state and represents the unity of the people of the Republic of Kosovo. Any citizen of the Republic of Kosovo, who is 35 years or older may be elected president. The President is elected by the Assembly, in a secret ballot. The election of the President shall take place no later than 30 days before the end of the current President's term of office. The President

8446-570: The prohibition of unification with Albania (art. 1.3), allowing direct elections for the president, and improving the language of the document. Alternative draft constitutions have also been proposed, before and after the declaration of independence. The Constitution of the Socialist Autonomous Province of Kosovo was adopted on 28 February 1974, by the Assembly of Kosovo and the Assembly of Yugoslavia , whilst Kosovo

8549-674: The proposal "fair and balanced, citat: ^ Presentation of Kosovo Status Proposal to the Parties, Sean McCormack, U.S. Department of State spokesman, Washington, DC, 2 February 2007.) while the EU Presidency noted that Ahtisaari's proposals "build on almost twelve months of direct talks between Belgrade and Pristina. " citat: ^ EU Presidency Statement on the Kosovo status proposals to be presented today by Martti Ahtisaari in Belgrade and Pristina, 2 February 2007. On 21 February, Ahtisaari began

8652-521: The rights of communities and their members established in the Constitution of the Republic of Kosovo with applicable international human rights obligations including the provision of the Council of Europe Framework Convention for the Protection of National Minorities. Communities and their members have the right to freely maintain, express, develop their culture and identity, and to preserve and enhance

8755-409: The state of Kosovo will contribute to the stability of the region and entire Europe 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 integration; in

8858-449: The status issue itself (citat: ^ "Ahtisaari press conference ",). In Belgrade, Serbian Prime Minister Vojislav Koštunica refused to receive Ahtisaari. Koštunica claimed that because Serbia had still not formed a new government after the 21 January parliamentary elections he had no mandate to discuss Kosovo and therefore could not meet Ahtisaari. He later denounced the proposal as "illegitimate and unacceptable" because he alleged it "violates

8961-456: The status of official languages at the municipal level or will be in official use in accordance with the Law on the Use of Languages. Persons belonging to communities have the right to use freely and without interference the language of their community in private and in public, orally and in writing. All persons belonging to communities have the right to receive public education at all levels, in one of

9064-579: The term "Metohija" was dropped, and the prefix "Socialist" was added. Kosovo officially became an autonomous province in 1963, after the constitutional reforms , and its position was equalized with the status of Vojvodina . Tensions between ethnic Albanians and the Yugoslav and Serbian governments were significant, not only due to national tensions but also due to political ideological concerns, especially regarding relations with neighbouring Albania. Harsh repressive measures were imposed on Kosovo Albanians due to suspicions that they there were sympathisers of

9167-412: The ultimate goal of achieving the independence of Kosovo . On 2 July 1990, the self-declared Kosovo parliament declared Kosovo a republic in Yugoslavia. On 7 September 1990 in the town of Kaçanik , 35 miles south of Prishtina and in an improvised session promulgated the Constitution of the Republic of Kosovo. Witch confirmed the referendum and on 22 September 1991 declared Kosovo an independent country,

9270-593: Was "necessary to avoid an imposed solution that could cause Serbia to become a factor of instability. Citat: ^ "Serbian leaders warn UN plan for Kosovo could destabilize Balkans", International Herald Tribune, Belgrade, 7 February 2007. In Pristina, Kosovo Albanian leaders issued a statement after meeting with Ahtisaari saying they are "convinced that the international process for the resolution of Kosovo's status led by President Ahtisaari will be concluded soon with Kosovo becoming an independent state. Citat: ^ "Unity Team Press Statement," 2 February 2007.) The United States called

9373-584: Was an act of the Assembly has been disputed. Serbia sought international validation for its stance that the declaration was illegal, and in October 2008 requested a judgement from the International Court of Justice . However, the Court ruled that the declaration was legal. The 2008 declaration was a result of the Ahtisaari plan negotiations that broke down in the fall of 2007. The plan, prepared by

9476-466: Was created on 3 September 1945. After the break with the Cominform in 1948, Yugoslavia tightened certain policies, including stricter collectivisation . This led to serious reductions in grain production in Kosovo; there were food shortages across Yugoslavia. In parallel with this, the Albanian government began to criticise Yugoslav rule over Kosovo; the Yugoslav government responded with crackdowns on

9579-519: Was given exclusive rights to manage Kosovo's economic affairs and stated its intent in the Constitutional Framework to establish a market economy. Prior to 1999, much of Kosovo's economy had been controlled by the state. All publicly owned enterprises were owned by the Yugoslav government or the Serbian state, both governed from Belgrade . When UNMIK began implementing privatization of assets that it did not own, Serbs with interests in

9682-446: Was granted the same level of autonomy as Vojvodina, and accordingly its official name was changed to Autonomous Province of Kosovo and Metohija . In 1968 the term "Metohija" was dropped, and the prefix "Socialist" was added, changing the official name of the province to Socialist Autonomous Province of Kosovo . In 1974 both autonomous provinces (Vojvodina and Kosovo) were granted significantly increased levels of autonomy. In 1989, under

9785-400: Was noted by Ylber Hysa : Although "Resolution 1244 respects the sovereignty and territorial integrity of the Federal Republic of Yugoslavia, including Kosovo", and even provided for Serbian troops to be stationed in the province, on the ground "certain territories are under the full control of KFOR and the international administration" without any Serbian involvement (citat: Ylber Hysa, "Kosovo:

9888-557: Was officially used until 1990, when the term "Metohija" was reinserted into the official name, and the prefix "Socialist" was dropped. Autonomy of Kosovo was significantly strengthened in 1968, as a result of major political changes in Yugoslavia. After the earlier ouster of Ranković in 1966, the agenda of pro-decentralisation reformers in Yugoslavia, especially from Slovenia and Croatia, succeeded in 1968 in attaining significant constitutional decentralisation of powers, creating substantial autonomy in both Kosovo and Vojvodina, and recognising

9991-476: Was one of the two autonomous provinces of the Socialist Republic of Serbia within Yugoslavia (the other being Vojvodina ), between 1945 and 1990, when it was renamed Autonomous Province of Kosovo and Metohija . Between 1945 and 1963 it was officially named the Autonomous Region of Kosovo and Metohija , with a level of self-government lower than that of the Autonomous Province of Vojvodina . In 1963 it

10094-572: Was re-elected in the second term of office. Before exercising the position of the president Fatmir Sejdiu was member of the Presidency of Democratic League of Kosovo (DLK) and the General Secretary of DLK. Dr Ibrahim Rugova is the first elected president of the Republic of Kosovo. Rugova was elected President of the Republic of Kosovo in the first multi-party elections for the Assembly of Kosovo, held on 24 May 1992. Following that, Rugova,

10197-410: Was re-elected the President of the Republic of Kosovo in the elections held in March 1998. DLK under the leadership of Rugova also won the majority of votes in the first local elections in Kosovo in October 2000, and in the first national elections in 2001, and he was re-elected President in the second local elections in 2002 and in the last national elections in 2004. The Government of Kosovo exercises

10300-467: Was reorganised as a federation of ethnolinguistically defined nations , in emulation of the interwar Soviet nationalities policy . In southern Serbia (renamed as Macedonia ) regained from Bulgaria , the interwar southern dialect of Serbocroatoslovenian (Serbian), very close to Bulgarian, was developed into a new Cyrillic-based Macedonian language . This move allowed for nullifying the wartime influence of Bulgarian nationalism while also capitalizing on

10403-450: Was repressed and both Albanians and Muslim Slavs were encouraged to declare themselves to be Turkish and emigrate to Turkey. At the same time Serbs and Montenegrins dominated the government, security forces, and industrial employment in Kosovo. Albanians resented these conditions and protested against them in the late 1960s, accusing the actions taken by authorities in Kosovo as being colonialist , as well as demanding that Kosovo be made

10506-625: Was still an autonomous province of Serbia . The federal 1974 Yugoslav Constitution that was adopted a week earlier granted federal units of the Socialist Federal Republic of Yugoslavia to create their own constitutions, making this the first constitution of Kosovo that was integrated into a constitution of the SFR Yugoslavia. It replaced the Kosovo Constitutional Law of 1963, granting Kosovo

10609-537: Was written to give Kosovo Albanians freedom, fairness and wellbeing within Yugoslavia and stipulated that the people were the ones who select their wellbeing and futures. The head of the meeting on 7 September 1990 was Iljaz Ramajli. Following the Kosovo War , Kosovo came under the administration of the United Nations in June 1999. The United Nations Interim Administration Mission in Kosovo (UNMIK), promulgated

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