The UN-constitutional constitution of the Republic of Kosovo : the principle of the double "Super"majority

Pustina Lorik: The UN-constitutional constitution of the Republic of Kosovo : the principle of the double "Super"majority.

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Abstract

The Constitution of Kosovo has entered into power in June 2008, 5 months after the Declaration of the Independence of Kosovo (February 2008). The declaration of independence came after years of negotiations conducted between the political leaders of both Kosovo and Serbia, where no common ground for a mutually accepted result was reached. It was at that time the Special Envoy of the United Nations, President Marti Ahtisaari who proposed the Comprehensive Status Proposal settlement both to Serbia and Kosovo, giving Kosovo a time-limited “supervised independence” with enhanced protection of the minorities, emphasis on the Serbian minorities living in Kosovo. One of the provisions to be critically argued in the paper will be the one of the reserved, i.e. guaranteed spots for the minorities in the Kosovo parliament, which is 20 out of 120. While the other one, arguably representing a provision that makes Kosovo legislative agenda dysfunctional in terms of constitutional amendments and passing or amending laws of a crucial importance, is the requirement of 2/3 majority of the Parliament and in addition the 2/3 of the minority reserved seats. In the legislative practice since the declaration of independence we have evidenced many cases where the Serbian minority representatives, directed by Belgrade policy, have halted the adoption of many important laws, as well as the amendment of certain Constitutional provisions, imposing different conditions that in many cases have infringed different laws and other legislative documents adopted by the Parliament. The paper will prove that such provisions in the original text of the Constitution, represent by all means a precedent to the constitutional norms, creating a gap between the policy makers and the legislative bodies, as well as compare those provisions to the Constitutions in other countries such as Macedonia, Croatia and Montenegro by analyzing as well as providing solution to possible Constitutional amendments in order to drift from the dysfunctional legislative process.

Item Type: Conference or Workshop Item
Journal or Publication Title: Jog határok nélkül
Date: 2018
Volume: 8
ISSN: 2063-3807
ISBN: 978-963-306-640-9
Page Range: pp. 287-305
Series Name: Szegedi Jogász Doktorandusz Konferenciák
Language: Hungarian, English
Place of Publication: Szeged
Event Title: Jog határok nélkül (2017) (Szeged)
Related URLs: http://acta.bibl.u-szeged.hu/74892/
Uncontrolled Keywords: Alkotmány - Koszovó
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2022. Mar. 25. 15:33
Last Modified: 2023. Dec. 05. 11:25
URI: http://acta.bibl.u-szeged.hu/id/eprint/74997

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