THE FUTURE of BELGRADE–PRISTINA RELATIONS a Comparative Critical Analysis of Suggested Policies, Solutions and Guidelines the FUTURE of BELGRADE-PRISTINA RELATIONS
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Amendments to the Constitution of the Republic of Serbia
AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF SERBIA Amendments I through XXIX to the Constitution of Serbia Amendments I through XXIX are an integral part of the Constitution of the Republic of Serbia, which shall enter into force on the day of promulgation by the National Assembly. A Constitutional Act shall be passed to implement the Amendments I through XXIX of the Constitution. AMENDMENT I Competences The National Assembly shall: 1. adopt and amend the Constitution, 2. decide on changes concerning the borders of the Republic of Serbia, 3. call for the Republic referendum, 4. ratify international contracts when the obligation of their ratification is stipulated by the Law, 5. decide on war and peace and declare state of war and emergency, 6. supervise the work of security services, 7. enact laws and other general acts within the competence of the Republic of Serbia, 8. give previous approval for the Statute of the autonomous province, 9. adopt defense strategy, 10. adopt development plan and spatial plan, 11. adopt the Budget and financial statement of the Republic of Serbia, upon the proposal of the Government, 12. grant amnesty for criminal offenses. Within its election rights, the National Assembly shall: 1. elect the Government, supervise its work and decide on expiry of the term of office of the Government and ministers, 2. appoint and dismiss judges of the Constitutional Court, 3. appoint and dismiss five members of the High Judicial Council, five members of the High Prosecutorial Council, the Supreme Public Prosecutor of Serbia and public prosecutors, 4. appoint and dismiss the Governor of the National Bank of Serbia and supervise his/her work, 5. -
Kosovo Political Economy Analysis Final Report
KOSOVO POLITICAL ECONOMY ANALYSIS FINAL REPORT DECEMBER 26, 2017 This publication was produced for review by the United States Agency for International Development. It was prepared by Management Systems International, A Tetra Tech Company. KOSOVO POLITICAL ECONOMY ANALYSIS FINAL REPORT December 26, 2017 IDIQ No. AID-167-I-17-00002 Award No: AID-167-TO-17-00009 Prepared by Management Systems International (MSI), A Tetra Tech Company 200 12th St South, Suite 1200 Arlington, VA, USA 22202 DISCLAIMER This report is made possible by the support of the American people through the United States Agency for International Development (USAID). The contents are the sole responsibility of the Management Systems International and do not necessarily reflect the views of USAID or the United States Government. CONTENTS Acronyms ...................................................................................................................................... ii Executive Summary .................................................................................................................... iii I. Introduction ............................................................................................................................... 6 II. Methodology ............................................................................................................................. 7 A. Foundational Factors ........................................................................................................................................... 7 B. Rules -
Constitutional Rights and Freedoms of National Minorities: the Experience of Serbia
Opción, Año 35, Especial No.23 (2019): 1433-1446 ISSN 1012-1587/ISSNe: 2477-9385 Constitutional rights and freedoms of national minorities: The Experience of Serbia Konstantin A. Polovchenko MGIMO University, Moscow [email protected] Abstract The method of case study allowed a comprehensive review of the institution for the protection of the rights of national minorities in the system of constitutional rights and freedoms in Serbia. As a result, more than a third of the constitutional text is devoted to the regulation of the institution for the protection of rights and freedoms. The author concluded that the Republic of Serbia has created a reliable mechanism for protecting the national minorities’ rights meeting the highest international standards; the Serbian legal system ensures sustainable development of its citizens. Keywords: Constitutional, Principles, Court, Legal, Minority. Derechos y libertades constitucionales de las minorías nacionales: La experiencia de Serbia Resumen El método de estudio de caso permitió una revisión exhaustiva de la institución para la protección de los derechos de las minorías nacionales en el sistema de derechos y libertades constitucionales en Serbia. Como resultado, más de un tercio del texto constitucional está dedicado a la regulación de la institución para la protección de los derechos y libertades. El autor llegó a la conclusión de que la República de Serbia ha creado un mecanismo confiable para proteger los derechos de las minorías nacionales que cumplen con los más altos estándares internacionales; El sistema jurídico serbio garantiza el desarrollo sostenible de sus ciudadanos. Palabras clave: Constitucional, Principios, Corte, Legal, Minoría. Recibido: 18-02-2019 Aceptado: 22-06-2019 1434 Konstantin A. -
Constitutional Provisions on the Prosecution Service in Council of Europe Member States
Strasbourg, 3 October 2008 CDL-JD(2008)003* Study No. 494/2008 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) CONSTITUTIONAL PROVISIONS ON THE PROSECUTION SERVICE IN COUNCIL OF EUROPE MEMBER STATES *This document has been classified restricted on the date of issue. Unless the Venice Commission decides otherwise, it will be declassified a year after its issue according to the rules set up in Resolution CM/Res(2001)6 on access to Council of Europe documents. This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL-JD(2008)003 - 2 - Table of contents I. Introduction ................................................................................................................... 5 II. Overview according to ‘legal families’............................................................................ 5 III. Conclusions............................................................................................................... 6 IV. Common Law system................................................................................................ 7 A. Appointment, incompatibilities, transfers, detachements, promotion, retirement and dissmisal ........................................................................................................................... 7 1. Cyprus................................................................................................................... 7 2. Malta .................................................................................................................... -
Coercive Diplomacy of NATO in Kosovo
Coercive Diplomacy of NATO in Kosovo Coercive Diplomacy of NATO in Kosovo By Enver Bytyçi Coercive Diplomacy of NATO in Kosovo By Enver Bytyçi Editor: Dr. Arian Starova Reviewers: Prof. Dr. Beqir Meta - Academic Prof. Dr. Jusuf Bajraktari – Academic Prof. Dr. Muharrem Dezhgiu – Historian Prof. Dr. Hamit Kaba – Historian Proof reader: Lloyd Barton Translated from Albanian into English: Iris Gjymshana This book first published 2015 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2015 by Enver Bytyçi All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-4438-7272-5 ISBN (13): 978-1-4438-7272-0 TABLE OF CONTENTS Introduction ................................................................................................. 1 Chapter I ...................................................................................................... 3 Kosovo Crisis: A Historical Overview 1. The roots of the Serbian-Albanian conflict 2. Kosovo after Albania’s declaration of independence 3. Exploiting freedom in autonomy 4. Removal of autonomy in 1989 5. Construction and operation of self-governing institutions Chapter II ................................................................................................... 33 International Law and the Legitimacy of NATO Intervention in Kosovo 1. The historical development of international law 2. The development of human rights 3. The right to self-determination and the right to state sovereignty Chapter III ................................................................................................. 71 NATO and the Diplomacy to Avoid War 1. Military intervention as part of conflict prevention 2. -
The National Councils of National Minorities in Serbia
The national councils of national minorities in Serbia Katinka Beretka* and István Gergő Székely** January 2016 Recommended citation: Beretka Katinka and Székely István Gergő, “The national councils of national minorities in the Republic of Serbia”, Online Compendium Autonomy Arraignments in the World, January 2016, at www.world-autonomies.info. © 2016 Autonomy Arrangements in the World Content 1. Essential Facts and Figures 2. Autonomy in the Context of the State Structure 3. Establishment and Implementation of Autonomy 4. Legal Basis of Autonomy 5. Autonomous Institutions 6. Autonomous Powers 7. Financial Arrangements 8. Intergovernmental Relations 9. Inter-group Relations within the Autonomous Entity (not applicable) 10. Membership, “Quasi-citizenship” and Special Rights 11. General Assessment and Outlook Bibliography 2016 © Autonomy Arrangements in the World Project 1. Essential Facts and Figures 1 Serbia is located in the center of the Balkans, being an everyday subject of world news from the beginning of the 1990s, often due to ethnicity-related issues, ranging from civil war and secession to autonomy arrangements meant to accommodate ethnocultural diversity. Although according to the 2011 census almost 20% of the total population of the state (without Kosovo) belong to a minority group (see Table 1), in Serbia there are no officially recognized or unrecognized minorities. There is neither an exact enumeration of minority groups, nor clear principles to be followed about how a minority should be recognized. While the absence of precise regulations may be regarded as problematic, the approach of Serbia to the minority question can also be interpreted as being rather liberal, which may have resulted from the intention to protect ethnic Serb refugees who have become minorities abroad, including in the former Yugoslav member states. -
Kosovo - an Atypical Parliamentary Republic Prof
Kosovo - An Atypical Parliamentary Republic Prof. Ass. Dr Murat Jashari, PhD Faculty of Law, Prishtina University, Kosovo Behar Selimi, PhD Candidate Faculty of Law, Business and Technology University, Prishtina, Kosovo Abstract The topic of this comparative study is the republican character of the system of governance in Kosovo. In the public discourse and political communication, as well as in academic discourse Kosovo is considered a Parliamentary Republic, based on the principle “of the separation of powers and checks and balances between them.” Although the constitutional definition of the relationship between the executive and legislative favors parliamentary republicanism, the constitutional powers of the president, the government and especially the constitutional and political power of the prime minister, significantly weaken the parliamentary character, in favor of a semi-presidential system. However, neither the current theories of government, nor constitutional provisions can rank Kosovo among semi-presidential systems, or pure parliamentary systems. Comparisons of competence powers relations in Kosovo, with similar relations and competences of the countries of the region and beyond, testify to the specific nature of parliamentary democracy in Kosovo. It is precisely the comparison of the Kosovo constitutional-legal system of governance with similar systems and theoretical analysis of parliamentary models facing Kosovo model which will be the basis of support of the hypothesis that Kosovo is not a typical parliamentary republic. Keywords: Kosovo; parliament; republic; prime minister; government Introduction By constitutional definition Kosovo is “a democratic Republic based on the principle of separation of powers and checks and balances between them.”1 This definition defines only the basic forms of government, leaving its type explicitly undefined. -
Kosovo's Constitution of 2008 with Amendments Through 2016
PDF generated: 26 Aug 2021, 16:35 constituteproject.org Kosovo's Constitution of 2008 with Amendments through 2016 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:35 Table of contents Preamble . 7 Chapter I: Basic Provisions . 7 Article 1: Definition of State . 7 Article 2: Sovereignty . 7 Article 3: Equality Before the Law . 7 Article 4: Form of Government and Separation of Power . 8 Article 5: Languages . 8 Article 6: Symbols . 8 Article 7: Values . 8 Article 8: Secular State . 8 Article 9: Cultural and Religious Heritage . 9 Article 10: Economy . 9 Article 11: Currency . 9 Article 12: Local Government . 9 Article 13: Capital City . 9 Article 14: Citizenship . 9 Article 15: Citizens Living Abroad . 9 Article 16: Supremacy of the Constitution . 9 Article 17: International Agreements . 9 Article 18: Ratification of International Agreements . 10 Article 19: Applicability of International Law . 10 Article 20: Delegation of Sovereignty . 10 Chapter II: Fundamental Rights and Freedoms . 10 Article 21: General Principles . 10 Article 22: Direct Applicability of International Agreements and Instruments . 11 Article 23: Human Dignity . 11 Article 24: Equality Before the Law . 11 Article 25: Right to Life . 12 Article 26: Right to Personal Integrity . 12 Article 27: Prohibition of Torture, Cruel, Inhuman or Degrading Treatment . 12 Article 28: Prohibition of Slavery and Forced Labor . 12 Article 29: Right to Liberty and Security . 12 Article 30: Rights of the Accused . 13 Article 31: Right to Fair and Impartial Trial . -
UNDP RS NARS and Indepen
The National Assembly of the Republic of Serbia Serbia AND INDEPENDENT BODIES SERBIA THE REPUBLIC OF OF ASSEMBLY NATIONAL NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA AND INDEPENDENT BODIES 253 NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA AND INDEPENDENT BODIES NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA AND INDEPENDENT BODIES Materials from the Conference ”National Assembly of the Republic of Serbia and Independent Bodies” Belgrade, 26-27 November 2009 and an Overview of the Examples of International Practice Olivera PURIĆ UNDP Deputy Resident Representative a.i. Edited by Boris ČAMERNIK, Jelena MANIĆ and Biljana LEDENIČAN The following have participated: Velibor POPOVIĆ, Maja ŠTERNIĆ, Jelena MACURA MARINKOVIĆ Translated by: Novica PETROVIĆ Isidora VLASAK English text revised by: Charles ROBERTSON Design and layout Branislav STANKOVIĆ Copy editing Jasmina SELMANOVIĆ Printing Stylos, Novi Sad Number of copies 150 in English language and 350 in Serbian language For the publisher United Nations Development Programme, Country Office Serbia Internacionalnih brigada 69, 11000 Beograd, +381 11 2040400, www.undp.org.rs ISBN – 978-86-7728-125-0 The views expressed in this report are those of the authors and do not necessarily represent those of the United Nations and the United Nations Development Programme. Acknowledgement We would like to thank all those whose hard work has made this publication possible. We are particularly grateful for the guidance and support of the National Assembly of the Republic of Serbia, above all from the Cabinet of the Speaker and the Secretariat. A special debt of gratitude is owed to the representatives of the independent regulatory bodies; the Commissioner for Information of Public Importance and Personal Data Protection, the State Audit Institution, the Ombudsman of the Republic of Serbia and the Anti-corruption Agency. -
Download File
Strasbourg, 3 May 2018 CDL-REF(2018)017 Opinion No. 922 / 2018 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) KOSOVO LAW NO. 003/L-073 ON GENERAL ELECTIONS LAW NO.03/L –256 ON AMENDING AND SUPPLEMENTING THE LAW NO. 03/L-073 ON GENERAL ELECTIONS This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int Republika e Kosovës Republika Kosovo-Republic of Kosovo Kuvendi - Skupština - Assembly Law No. 03/L-073 ON GENERAL ELECTIONS IN THE REPUBLIC OF KOSOVO The Assembly of Republic of Kosovo, On the basis Article 65.1 of the Constitution of the Republic of Kosovo, And for the purpose of conducting free, fair and democratic elections for the Assembly of Kosovo with the aim of strengthening the democratic rule in Kosovo, Hereby adopts: THE LAW ON GENERAL ELECTIONS IN THE REPUBLIC OF KOSOVO CHAPTER I GENERAL PROVISIONS Article 1 Purpose of the Law The purpose of this law is to regulate: a) the electoral system for election of the Assembly of the Republic of Kosovo; b) the financing and holding of elections for the Assembly of the Republic of Kosovo; c) the recognition and the protection of the voting rights and the voter eligibility criteria; 1 d) maintenance of the list of voters; e) regulation of Political Parties and certification of Political Entities; f) responsibilities and functioning of the Central Election Commission; g) establishment and functioning of the ECAC; h) the organization and functioning of the election commissions and councils; i) rules for accreditation of election observers, as well as their rights and responsibilities; j) campaign spending limits and financial disclosure obligations; k) the coverage of electoral campaigns by the media; l) the code of conduct of political entities, their candidates and supporters; m) voting procedures, counting, and the announcement of results; n) the sanctions and fines imposed for violations of the provisions of this law. -
Interim Agreement for Peace and Self-Government in Kosovo
Peace Agreements Digital Collection Kosovo >> Interim Agreement for Peace and Self-Government in Kosovo Interim Agreement for Peace and Self-Government in Kosovo Rambouillet, France - February 23, 1999 Table of Contents Framework Article I: Principles Article II: Confidence-Building Measures Chapter 1: Constitution Article I: Principles of Democratic Self-Government in Kosovo Article II: The Assembly Article III: President of Kosovo Article IV: Government and Administrative Organs Article V: Judiciary Article VI: Human Rights and Fundamental Freedoms Article VII: National Communities Article VIII: Communes Article IX: Representation Article X: Amendment Article XI: Entry into Force Chapter 2: Police and Civil Public Security Article I: General Principles Article II: Communal Police Article III: Interim Police Academy Article IV: Criminal Justice Commission Article V: Police Operations in Kosovo Article VI: Security on International Borders Article VII: Arrest and Detention Article VIII: Administration of Justice Article IX: Final Authority to Interpret Chapter 3: Conduct and Supervision of Elections Article I: Conditions for Elections Article II: Role of the OSCE Article III: Central Election Commission Chapter 4: Economic Issues Article I Article II Chapter 4a: Humanitarian Assistance, Reconstruction and Economic Development Chapter 5: Implementation I Article I: Institutions Article II: Responsibilities and Powers Article III: Status of Implementation Mission Article IV: Process of Implementation Article V: Authority to Interpret Chapter -
Kosovo's Constitutional Court Review and Snap Elections: Legal Analysis, and Scenarios Summary
18 January 2021 KOSOVO’S CONSTITUTIONAL COURT REVIEW AND SNAP ELECTIONS: LEGAL ANALYSIS, AND SCENARIOS SUMMARY In late 2020, the Constitutional Court of Kosovo found that the election of the government of Prime Minister Avdullah Hoti, six months after it was elected, did not receive a majority following the invalidity of one of the 61 votes in the 120-seat Assembly of Kosovo. The vote in question was cast by Member of Parliament (MP) Etem Arifi who had been found guilty on a fraud charge prior to the elections. The Constitutional Court ruling published on 6 January 2021 forced early elections to be held within 40 days —the Acting President set the date for the elections on 14 February 2021. Yet, the Hoti government was in a crisis even before the Court’s ruling with severe disagreements between coalition partners and a lack of a working majority in the Assembly. The LDK-led coalition with AAK and NISMA (and ethnic minorities) was unlikely to secure votes for the election of the President. Just before its dissolution, the Assembly managed to pass the 2021 Budget. Currently, Kosovo is in an institutional vacuum, with an Acting President (also Chair of the Assembly), a dissolved Assembly and a caretaker government. The Acting President, Vjosa Osmani will run for elections and has announced the formation of a new political initiative which presents a legal challenge to the position of “representing the unity of people”. If elected, the Presidency would be vacant, and an institutional void would prevail until the Assembly elects the new Chair.