Constitution of the Republic of Kosovo

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The constitution of the Republic of Kosovo ( Albanian  Kushtetuta e Republikës së Kosovës , Serbian Устав Косова Ustav Kosova ) entered into force on June 15, 2008 after the state declared its independence on February 17, 2008 . The sovereignty of Kosovo is controversial internationally.

structure

The constitution of Kosovo is divided into 14th chapter:

  • I. Basic provisions
  • II. Elementary fundamental rights and freedoms
  • III. Rights of communities and their members
  • IV. The Assembly of the Republic of Kosovo
  • V. The President of the Republic of Kosovo
  • VI. The Government of the Republic of Kosovo
  • VII. Justice system
  • VIII. Constitutional Court
  • IX. Economic relationships
  • X. Local government and territorial organization
  • XI. Security section
  • XII. Independent institutions
  • XIII. Final provisions
  • XIV. Transitional provisions

Basic provisions

Article one of the constitution defines Kosovo as a republic and as an independent, sovereign, single, democratic, and indivisible state. The sovereignty of Kosovo is again regulated in detail in article two and stipulated as popular sovereignty . Equality before the law is guaranteed, as is the separation of powers , the independence of the judiciary and the equality of the sexes. The flag and the coat of arms of Kosovo should reflect the multi-ethnic character of the country according to the constitution. Freedom , peace , democracy , equality , respect for human rights and freedoms and the rule of law, non-discrimination, the right to property , protection of the environment , social justice , pluralism , separation of powers and the market economy are named as the basis of the constitutional order . Article eight declares Kosovo a secular state. The religious heritage is respected. Kosovo forms a single currency area , a central bank is set up.

languages

The official languages ​​of Kosovo are Albanian and Serbian . Turkish , Bosnian and Romani are accepted as official languages ​​at the local level.

Fundamental rights

The constitution guarantees compliance with human rights and other international conventions protecting them. Article 23 states the inviolability of human dignity . Furthermore, the constitution protects the right to life (Art. 25) and personal integrity (Art. 26), prohibits torture , cruel and inhuman treatment (Art. 27) as well as slavery and forced labor (Art. 28), declares a Right to freedom and security (Art. 29), guarantees the accused rights (Art. 30), guarantees them a fair and impartial trial (Art. 31) and legal remedies (Art. 32), adopts the principle of legality and proportionality (Art . 33) as well as the ne-bis-in-idem rule (Art. 34), guarantees the freedom of establishment (Art. 35), the right to privacy (Art. 36), the right to marry and to start a family (Art. 37), freedom of belief and conscience (Art. 38), the protection of religious communities (Art. 39), the right to freedom of expression (Art. 40), access to public documents (Art. 41), freedom of the media ( Art. 42), freedom of assembly (Art. 43), freedom of association (Art. 44), freedom of choice and participation freedom (Art. 45), the right to education (Art. 47), the freedom of the arts and science (Art. 48), the right to work and pursue a profession (Art. 49), the rights of children (Art. 50), the rights in the field of health and social security (Art. 51) and declares the responsibility to protect the environment (Art. 52). Finally, the interpretation of human rights, the legal enforceability of basic rights and their restriction in the event of a state of emergency are regulated (Art. 53, 54, 55).

State organs

houses of Parliament

The Parliament of the Republic of Kosovo is the country's legislative body. It consists of 120 seats, 20 of which are reserved for representatives of the minorities and are not offset against the rest of the election results. Of these, the Serbs are guaranteed ten seats. The Roma , Ashkali and Egyptians are entitled to at least one seat each and one additional seat for those of the three groups with the highest percentage of votes. Three seats are guaranteed to the Bosnians , two to the Turks and one to the Gorans . Changes to the constitution require a two-thirds majority of all votes, including two-thirds of the votes of the minority representatives . The presidium consists of a president and two deputies. The latter must belong to a minority. The assembly is supposed to have gender-equitable cast, there are no precise explanations. The voting age is 18 years. Parliament's sessions are public.

president

The President of Kosovo is elected by the Assembly by secret ballot. The passive voting age is 35 years. A two-thirds majority is required in the first two ballots; in the third ballot, the two candidates with the strongest vote compete against each other. The one who can then collect the majority of the votes is considered elected. If no one is elected, the next ballot will only take place after 45 days. He guarantees the constitutional functioning of the political system , organizes parliamentary elections, can reject laws once if he considers them harmful, promulgates the laws, conducts foreign policy , receives diplomats , is commander in chief of the security forces , proposes the prime minister to parliament and can bring a constitutional complaint to lead. In addition, he has further representative tasks and powers of appointment. The office lasts five years, direct re-election is only permitted once. The President enjoys immunity , but is politically responsible to Parliament.

government

The government is elected by parliament , it runs the administration . The Prime Minister is proposed to Parliament for election by the President, who in turn proposes his government for election. He can dismiss ministers without the consent of parliament. There is an office of deputy prime minister. One minister must belong to the Serb minority and another to a different minority. If the government consists of more than twelve members, a third minister must be assigned to a minority. Furthermore, at least two deputy ministers belong to the Serb minority and two from another minority. If there are more than twelve members of the government, there is a third post for the minorities. The government is responsible to parliament.

Constitutional Court

There is a constitutional court with nine judges. They must have ten years of relevant legal experience. They are proposed to parliament by the President for election and have a one-time nine-year term of office. The election basically requires a two-thirds majority. The president and the vice-president of the court are elected by secret ballot by the judges of the court and their term of office is three years. The decisions of the court are binding. The judges can be dismissed by the president with the approval of parliament - again with a two-thirds majority. You enjoy political immunity.

Constitutional amendments 2011

On April 16, 2011, two parliamentary commissions were set up. One is supposed to reform the electoral law to prevent future election manipulation, while the other regulates the presidential election procedure. In future, the president is to be elected directly by the people. The changes mentioned are the results of the agreement between the PDK , LDK and AKR agreed in March 2011 , which is seen as a solution to the “presidential crisis ” that followed Behgjet Pacolli's resignation. The opposition also participates in the commission, above all the Alliance for the Future of Kosovo and the Vetëvendosje! .

Web links

Individual evidence

  1. ↑ See Constitution of Kosovo in force , Spiegel Online , June 15, 2008, accessed on September 5, 2009.
  2. ↑ 114 of the 193 member states of the United Nations recognize the Republic of Kosovo as independent.
  3. ↑ Kosovë, ngrihen komisionet e ndryshimit ("Kosovo, change commissions are being established") , Top Channel from April 16, 2011 (Albanian), accessed on April 16, 2011.