The New Kosovo Constitution in a Regional Comparative Perspective

Constitutional principles and their impact on the establishing of constitutional order and rule of law in Kosovo

“…Provisions of the CRK provide that Kosovo is a Democratic Republic based on the principal of separation of powers and the checks and balances among them. 9 Therefore, considering the model adopted by the CRK, Kosovo is a country with a parliamentary system, similiar to other Western parliamentary systems.As professors Jackson & Tushnet have explained, "Many western democracies use a parliamentary system in which the executive officers of the government are selected by and accountable to an elected legislature, rather than thepresidential system in which the chief executive officers is elected by the same consitutuency that chooses the legislative branch." 10 Likewise, Kosovo's parliamentary system has enshrined basic features of western parliamentary systems such as, election of the government and overseeing their work and other public institutions that are accountable to the parliament.…”

“…Human rights, in general, were something that those who drafted the Constitution of the Republic of Kosovo took very seriously, and tried to implement the most modern European standards in human protection. 54 Considering the features of Kosovo's society with a number of communities embracing different religions and beliefs, the constitutional principle of secularism is an unamandable principle of the CRK.However, the state has an obligation to give expression of the rights granted to communities and their members under the Constitution. In line with this obligation, Kosovo, took a positive obligation to promote or facilitate the exercise of fundamental human rights, the free exercise of religion is deemed to require governmental facilitation, so long as this facilitation is not discriminatory and respects state neutrality.…”

Re-examining international development assistance to Southeast Europe: time for a post-functionalist approach?

“…The actions of the High Representative in Bosnia-Herzegovina included passing a set of decisions -from the adoption of the new flag and regulating the judiciary to reforming the military forces and the customs. The UN Mission and EULEX in Kosovo assisted the local authorities and, then, the new independent Kosovo's institutions on several reforms -reforming the police system and minority protection measures (Marko 2008;Muharremi 2010). Previously, UN missions have taken place in Croatia and Macedonia with relevant peacekeeping and conflict prevention tasks.…”

Citizenship, Ethnicity, and Territory: The Politics of Selecting by Origin in Post-Communist Southeast Europe

“…If and when non-resident ethnic Serbs with territorial origins in Kosovo -many of whom had to flee from Kosovo in 1999 -should begin to apply for Kosovan passports, it will be interesting to see how the clear ethnic dominance of ethnic Albanians and history of strong inter-ethnic antagonism will square with the current regime of selectivity. A crucial factor for the sustainability of this inclusive citizenship regime will be the ability of consociational mechanisms in Kosovo's internationally designed constitution (Marko 2009) to secure a continuous political voice for Serbs, when and if they start participating in Kosovo's politics in greater numbers.…”