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149-477: The Kosovo Judicial Council is the highest oversight body of the Kosovo Judicial System and an independent institution, and its main responsibility is the administration of the entire Judicial System. The overall purpose of Kosovo Judicial Council, as mandated by the applicable legal framework is to ensure an independent, fair, apolitical, accessible, professional and impartial judicial system, which reflects

298-562: A NATO -led Kosovo Force (KFOR). The Resolution also authorised a process to determine Kosovo's final status. Concerning the latter, Annex 1 to the Resolution states that the "political solution to the Kosovo crisis" should take "full account of ... the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia". The UN-facilitated Kosovo future status process

447-680: 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

596-473: 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

745-424: 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

894-602: A commission to work out the details of constitutional reforms. However, Stambolić was deposed by his erstwhile protégé Slobodan Milošević in 1987, who had used the issue of Kosovo to boost his political support. The much harder-line Milošević pushed for a tougher policy towards the Kosovo Albanians. On 28 March 1989 he had the Serbian Constitution amended to give the Serbian Assembly exclusive rights to decide on

1043-521: A draft status settlement proposal to leaders in Belgrade and Pristina, the basis for a draft UN Security Council Resolution which proposes 'supervised independence' for the province. As of early July 2007 the draft resolution, which is backed by the United States, United Kingdom and other European members of the Security Council, had been rewritten four times to try to accommodate Russian concerns that such

1192-696: 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: Political status of Kosovo The political status of Kosovo , also known as

1341-564: 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

1490-559: 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

1639-523: 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

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1788-523: A negotiated settlement in the course of 2006 and also endorsed Ahtisaari's plans to develop a comprehensive proposal for a status settlement. After consultations with the Contact Group in Vienna on 10 November, Ahtisaari decided to delay sharing his proposal with the parties until after Serbia held parliamentary elections on 21 January 2007. He said he would take his proposal to the parties "without delay" after these elections. On 3 April, Ahtisaari presented to

1937-527: A new special envoy. At least one other member of the Security Council, South Africa , a non-permanent member, has expressed agreement with Russian concerns. On 11 May, European members of the UN Security Council, Germany and the United States circulated a draft UN Security Council resolution that would replace UN Security Council Resolution 1244, endorse Ahtisaari's Settlement and end the UN administration after

2086-463: 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

2235-563: 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

2384-495: A proposed draft of the new Serbian constitution was held on 28 October and 29 October 2006 and has resulted in the draft constitution being approved by the Serbian electorate. The constitution is Serbia's first as an independent state since the Kingdom of Serbia 's 1903 constitution. Over 6.6 million people were entitled to vote in the national referendum. Kosovo did not vote. During the nearly one-century of Serbian rule in Kosovo, this

2533-456: A public speech on 9 June 1999, President Slobodan Milošević declared: We have not given up Kosovo. The Group of Eight most developed countries of the world and the United Nations guarantee the sovereignty and territorial integrity of our country. This guarantee is also contained in the draft resolution. The Belgrade agreement has closed the open issues of the possible independence of Kosovo at

2682-469: A resolution might still be agreed in the coming days. German Chancellor Angela Merkel appeared to support renewed talks between the parties after discussions with Serbian Prime Minister Vojislav Koštunica , 'We are now thinking about whether it would be possible to support a phase of negotiations between Belgrade and Pristina to try once again to find a solution,' Merkel was quoted as saying. The United States , United Kingdom and other European members of

2831-456: A resolution would undermine the principle of state sovereignty. The United States called the proposal "fair and balanced," while the EU Presidency noted that Ahtisaari's proposals "build on almost twelve months of direct talks between Belgrade and Pristina." Russia, which holds a veto in the Security Council as one of five permanent members, stated that it will not support any resolution which

2980-516: 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

3129-731: A state commission and 33 new administrative oblasts (regions) ruled from the centre were instituted. In 1926 the border dispute with the Albanian Republic was resolved with most of the Gora region remaining in the Kingdom. In 1929, the Kingdom (renamed formally to " Yugoslavia ") was restructured into nine large provinces called banovinas (banates), formalized by a new Constitution in 1931. Their borders were intentionally drawn so that they would not correspond either to boundaries between ethnic groups or to pre-World War I state borders. Most of Kosovo

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3278-686: A term of three years. Election to these offices does not extend the mandate of the members of the Kosovo Judicial Council. The Chair of the Kosovo Judicial Council addresses the Assembly of the Republic of Kosovo at least once a year regarding the Judicial System. This law -related article is a stub . You can help Misplaced Pages by expanding it . Constitution of Kosovo The Constitution of Kosovo ( Albanian : Kushtetuta e Kosovës , Serbian : Устав Косовa , Ustav Kosova )

3427-408: 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

3576-455: A transition period of 120 days. The U.S. Permanent Representative to the UN said that the European/U.S. draft had enough support in the Security Council to be adopted unless Russia chooses to use its Security Council veto, which Russia has stated at numerous occasions that it might use unless the resolution is acceptable by both sides. Russia rejected a UN Security Council resolution based on

3725-641: A warning to Albania not even to think about any territorial expansion to create a 'greater Albania'." On 15 May 2001, UNMIK enacted a "Constitutional Framework for Provisional Self-Government." Although it provides a constitutional framework , it is not a 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". Crucially, Kosovo's own institutions were specifically barred from making any unilateral decisions about

3874-630: 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

4023-469: Is an autonomous, socialist, democratic, socio-political and self-managing community of working people and citizens, equal Albanians, Montenegrins, Serbs, Turks, and members of other nations and nationalities and ethnic groups, based on the power of and self-management by the working class and all working people. The Socialist Autonomous Province of Kosovo is a part of the Socialist Republic of Serbia and

4172-607: Is an important measure to protect Kosovo Serb communities. Subsequent meetings addressed economic issues, property rights, protection of Serbian Orthodox Church heritage and institutional guarantees for the rights of Kosovo's minorities. On 24 July 2006, Ahtisaari brought the parties together in Vienna for the first high-level talks on the status outcome itself. Serbian President Boris Tadić , Prime Minister Vojislav Koštunica , Kosovo President Fatmir Sejdiu and Prime Minister Agim Çeku attended and presented their respective platforms for Kosovo's future status. Ahtisaari later told

4321-574: 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

4470-406: 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

4619-452: Is not acceptable to both Belgrade and Pristina. 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. Nevertheless, he later denounced the proposal as "illegitimate and unacceptable" because he alleged it "violates

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4768-446: Is that Kosovo "must remain multi-ethnic and the settlement must be acceptable to the people of Kosovo. Additionally, there will be no return of Kosovo to the pre-1999 situation, no partition of Kosovo and no union of Kosovo with any other, or part of another, country." While not yet mentioning the word "independence," the draft Settlement included several provisions that were widely interpreted as implying statehood for Kosovo. For example,

4917-507: 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

5066-451: Is the only attempt to legally incorporate Kosovo into Serbia, and it was seen by Albanians as an attempt to prejudge the result of the negotiations. In the preamble to the constitution it states that "Kosovo is an autonomous province of Serbia with significant autonomy". Serbian legal scholars found that this unambiguous statement means it would be unconstitutional for Kosovo to secede from Serbia. Despite official UN and Russian disapproval,

5215-579: 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

5364-677: The Assembly of Kosovo under the umbrella of UN resolution 1244 . Following the Balkan Wars (1912–13) and the Treaties of London and Bucharest , which led to the Ottoman loss of most of the Balkans, Kosovo was governed as an integral part of the Kingdom of Serbia , while its western part ( Metohija ) by the Kingdom of Montenegro . In 1918 Montenegro was united with Serbia, first becoming an integral part of

5513-500: 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

5662-576: The European Community and the Soviet Union issued a joint statement on 18 October 1991 reaffirming these principles. The same set of principles remained the cornerstone of international policy towards the former Yugoslavia throughout the Yugoslav wars . Thus, for instance, the international community insisted on retaining Bosnia and Herzegovina and Croatia as unified states, denying recognition to

5811-682: The Kosovo question , is the subject of a long-running political and territorial dispute between the Serbian (and previously, Yugoslav ) government and the Government of Kosovo , stemming from the breakup of Yugoslavia (1991–92) and the ensuing Kosovo War (1998–99). In 1999, the administration of the Autonomous Province of Kosovo and Metohija was handed on an interim basis to the United Nations under

5960-593: The Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution calling for the continuation of talks on the basis of UNSC Resolution 1244. UN-backed talks on the status of Kosovo, led by UN Special Envoy Martti Ahtisaari , began in February 2006 with the aim of completing them by the end of that year. Whilst progress was made on technical matters, both Kosovo and Serbia remain diametrically opposed on

6109-496: The Rambouillet accords and the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other countries of the region." Under severe pressure from the ongoing NATO bombing, Milošević agreed to withdraw Yugoslav forces from Kosovo and permit the establishment of an UN-led administration in the province, with security to be provided by a NATO-led force ( KFOR ). Kosovo's constitutional status of

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6258-634: 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,

6407-528: 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

6556-447: The "commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia" and authorised "an international civil presence in Kosovo in order to provide an interim administration for Kosovo under which the people of Kosovo can enjoy substantial autonomy within the Federal Republic of Yugoslavia", i.e. the United Nations Interim Administration Mission in Kosovo (UNMIK), with security provided by

6705-591: The Ahtisaari Plan. As discussions progressed in the week of 16 July, seemingly with little hope of agreement, EU foreign policy chief Javier Solana was quoted as saying that the European Union would cease supporting efforts to agree a resolution backing the Ahtisaari plan 'within days' if Russian concerns could not be met. Russia had rejected another draft resolution on Monday 16 July which had called for further talks between Serbia and Kosovo Albanians, describing

6854-516: 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

7003-541: 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

7152-630: 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,

7301-466: 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

7450-406: 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

7599-541: 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 the companies subject to privatization sued first UNMIK and then

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7748-574: 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

7897-659: The Kingdom of Serbia, and shortly thereafter under Serbian rule joined the Kingdom of Serbs, Croats and Slovenes (KSHS), recognized in 1919 and 1920 at the Paris Peace Conference and the League of Nations and gaining a Constitution in 1921. Demonstrations from Kosovo Albanians demanding union with the Principality of Albania were suppressed by the Royal Yugoslav Army . In 1922 the historical entities were abolished by

8046-545: 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

8195-477: The Kosovo Serb community and at least one of the two must be a judge; • two members shall be elected by the deputies of the Assembly holding reserved or guaranteed seats for other Communities and at least one of the two must be a judge. • Incompatibilities with membership on the Kosovo Judicial Council shall be regulated by law. The Kosovo Judicial Council elects from its members a Chair and Vice Chair each for

8344-671: 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

8493-616: The Kosovo Status Talks. Ahtisaari holds regular meetings with representatives of the Contact Group . The initial status negotiations focused on technical issues important for Kosovo's long-term stability, particularly the rights and protection of Kosovo's minorities (especially the Kosovo Serbs). Ahtisaari brought the parties together for the first direct dialogue in February 2006 to discuss decentralization of local government, which

8642-871: 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

8791-403: 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

8940-404: The Republic of Serbia deemed this act illegal arguing it was not in coordination with the UN Charter , the Constitution of Serbia , the Helsinki Final Act, UN Security Council Resolution 1244 (including the previous resolutions) and the Badinter Commission . On 18 February 2008, the National Assembly of the Republic of Serbia declared Kosovo's declaration of independence as null and void per

9089-422: 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

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9238-431: The Security Council formally 'discarded' a draft resolution backing Ahtisaari's proposal on 20 July 2007, having failed to secure Russian backing. The UN Secretary-General later endorsed another time-limited round of negotiations led by a U.S./EU/Russian Troika of negotiators. The Troika completed its work on 10 December 2007, without having achieved an agreement between the parties on Kosovo's status. On 22 January 2008

9387-429: The Security Council formally 'discarded' a draft resolution backing Ahtisaari's proposal on 20 July 2007, having failed to secure Russian backing. Kosovo Albanian leaders reacted by proposing unilateral independence for 28 November 2007, though the UN would be required to overrule any such action. In November 2008, the EU accepted the demand of Serbia not to implement the plan of Ahtisaari through EULEX. A referendum on

9536-406: The Socialist Federal Republic of Yugoslavia. During the 1980s the moderate Serbian communist politician Ivan Stambolić , who became President of Serbia , urged the other republics to agree to a reduction in provincial autonomy. Stambolić managed to win over the League of Communists of Yugoslavia (SKJ) to his position on this matter at the 13th Congress of the SKJ, held in 1986, and then set up

9685-474: 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

9834-461: The U.N. Charter ... by undermining the sovereignty of U.N. member Serbia." President Boris Tadić did receive Ahtisaari, after which he reaffirmed his vow to never accept an independent Kosovo. Foreign Minister Vuk Drašković warned that it was "necessary to avoid an imposed solution that could cause Serbia to become a factor of instability." After many weeks of discussions at the UN, the United States, United Kingdom and other European members of

9983-505: 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

10132-566: The UN Security Council his final package of proposals, which included a clear recommendation that Kosovo should become independent subject to a period of international supervision. Pristina accepted Ahtisaari's final Settlement, while Belgrade rejected it. Immediately after the proposals became public, the United States and Germany (in its capacity as EU Presidency ) issued strong statements of support. The European Parliament also declared its full support to Ahtisaari's plan. Russia , however, called for new rounds of negotiations, possibly with

10281-442: 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

10430-499: The UN in New York. Swedish economist Jessica Johnsson 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 the World Bank . United Nations Security Council Resolution 1244 , passed in 1999, reaffirmed in its preamble

10579-468: The US, UK, and France appeared likely to recognize Kosovar independence if it had been declared on 28 November 2007 or on 10 December 2007, the deadline for an agreement between Kosovo and Serbia set by UN Secretary General Ban Ki-moon . In February 2008, Hashim Thaçi said that about 100 countries were ready to immediately recognise Kosovo's independence after declaration. On 17 February 2008, Kosovo declared independence. The Constitutional Court of

10728-468: 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

10877-535: 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

11026-464: The [parent] republic." The later Constitution of the SFRY , adopted on 7 April 1963, again provided for republics to "found autonomous provinces in accordance with the constitution in areas with distinctive national characteristics or in areas with other distinguishing features, on the basis of the express will of the population of this area." Within the Socialist Republic of Serbia , "there are

11175-452: The amendments had passed and they were duly enacted. The ICTY indictment was refuted in court by Vukašin Jokanović who was the president of the Kosovo Assembly at the time during the trial. He provided the court with a video recording of the vote along with the stenographic notes of the assembly session which clearly showed the assembly members voting in favour of the constitutional amendments by

11324-404: 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

11473-477: The authority of the SRSG. UNMIK eventually approved the creation of Ministries of Justice and Internal Affairs in late 2005, but noted that the establishment of the ministries was not linked to the question of Kosovo's final status. The 2003 Constitution of the newly created state of Serbia and Montenegro officially acknowledged Kosovo's new interim status, describing Serbia and Montenegro as "the state of Montenegro and

11622-521: The autonomous provinces of Vojvodina and Kosovo and Metohija, established in 1945 by the decision of the People's Assembly of the People's Republic of Serbia in accordance with the express will of the population of these areas." The details of the rights and scope of the provinces was, again, reserved to the republics' constitutions. The 1974 Yugoslav Constitution , at the time the world's longest, greatly changed

11771-502: The breakaway Republika Srpska and Republic of Serbian Krajina . Kosovo's status was a key issue in the political violence that presaged the Kosovo War of 1999. The ethnic Albanian Kosovo Liberation Army was formed in the early 1990s, and began targeting Serbian Police and Yugoslav Army in 1996. The international community also did not support independence for Kosovo at this stage. The United Nations Security Council passed UN Security Council Resolution 1160 on 31 March 1998 urging

11920-418: The budget of the judiciary, determining the number of judges in each jurisdiction and making recommendations for the establishment of new courts. New courts shall be established according to law. The Kosovo Judicial Council shall be composed of thirteen members, all of whom shall possess relevant professional qualifications and expertise. Members shall be elected for a term of five years and shall be chosen in

12069-462: 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

12218-557: 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." In

12367-523: 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

12516-496: 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

12665-452: 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

12814-492: The constitutional setup within Yugoslavia. It increased the autonomy of Kosovo and Vojvodina, and gave both autonomous provinces de facto veto power in the Serbian and Yugoslav parliaments as changes to their status could not be made without the consent of the two Provincial Assemblies. It also granted equal status to the Serbian, Albanian and Turkish languages and alphabets within Kosovo. The 1974 Serbian constitution, adopted at

12963-463: The constitutional structure of the country, overturning the veto right of Kosovo and Vojvodina. According to a disproven claim in the ICTY indictment of Milošević, when the proposed amendments were put before the Kosovo Assembly, the majority of the Assembly's members abstained in protest and the vote failed to reach the necessary two-thirds supermajority . The speaker of the Assembly nonetheless declared that

13112-464: 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

13261-428: The draft Settlement would give Kosovo the right to apply for membership in international organizations, create a Kosovo Security Force and adopt national symbols. Ahtisaari said 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 the status issue itself. In February 2007, Ahtisaari delivered

13410-425: The draft as 'permeated with the concept of the independence of Kosovo'. British Deputy Head of Mission in New York, Karen Pierce , told reporters on 17 July that a final draft of the resolution would be introduced 'within 36 hours'. According to news service Reuters , Solana had said that a further, four-month period of talks would be conducted under the authority of the Contact Group , though did not discount that

13559-594: 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

13708-451: 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

13857-492: 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

14006-438: 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

14155-519: 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

14304-414: The existing republics. A few days later the Kosovo Assembly was formally dissolved by the Serbian parliament on 5 July 1990, all its laws declared invalid and its legislative functions transferred to the Belgrade legislature. On 22 September 1991, the deposed Albanian members of the Kosovo Assembly met secretly in Pristina to declare Kosovo an independent sovereign state, the " Republic of Kosova ". Albania

14453-494: The following manner: • five members shall be judges elected by the members of the judiciary; • four members shall be elected by deputies of the Assembly holding seats attributed during the general distribution of seats; at least two of the four must be judges and one must be a member of the Kosovo Chamber of Advocates; • two members shall be elected by the deputies of the Assembly holding reserved or guaranteed seats for

14602-551: 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

14751-405: 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

14900-478: 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

15049-411: 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

15198-426: The ground was rather different, as Ylber Hysa has noted. 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. However, this part of

15347-466: The judicial system. The Kosovo Judicial Council is a fully independent institution in the performance of its functions. The Kosovo Judicial Council shall ensure that the Kosovo courts are independent, professional and impartial and fully reflect the multi-ethnic nature of Kosovo and follow the principles of gender equality. The Kosovo Judicial Council shall give preference in the appointment of judges to members of Communities that are underrepresented in

15496-418: The judiciary as provided by law. The Kosovo Judicial Council is responsible for recruiting and proposing candidates for appointment and reappointment to judicial office. The Kosovo Judicial Council is also responsible for transfer and disciplinary proceedings of judges. Proposals for appointments of judges must be made on the basis of an open appointmentprocess, on the basis of the merit of the candidates, and

15645-620: 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

15794-436: 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

15943-420: The multi-ethnic nature of Kosovo as well as the internationally recognized principles of human rights and gender equality. To fulfill this goal Kosovo Judicial Council is responsible for selecting and proposing judges for appointment, as well as for elaborating policies for the overall management and reform of the judicial system. Kosovo Judicial Council is the institution, which evaluates disciplines and promotes

16092-422: 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

16241-435: 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

16390-562: The parties to reach a peaceful settlement and rejecting any unilateral attempts to redraw borders, instead "affirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia ." The same principles were reaffirmed in a high-level meeting during the 1999 NATO bombing campaign when the G8 foreign ministers adopted a policy of establishing "an interim administration for Kosovo ... under which

16539-494: The people of Kosovo , acting outside the Provisional Institutions of Self-Government (PISG) framework established by the UN governance mission, issued a declaration of independence establishing the Republic of Kosovo . The International Court of Justice ruled that the declaration did not violate international law and argued that the signatory authors represented the broad will of the People of Kosovo, rather than

16688-408: The people of Kosovo can enjoy substantial autonomy within the Federal Republic of Yugoslavia". On 2 June 1999, a joint Finnish-Russian team headed by then Finnish president Martti Ahtisaari presented a set of proposals to President Milošević. These included a commitment to establish "an interim political framework agreement providing for substantial self-government for Kosovo, taking full account of

16837-627: 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

16986-569: 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

17135-428: 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;

17284-496: The press that the meeting resulted in no breakthroughs, but added that the discussion was "frank and candid" and the atmosphere was better than he could have expected. Ahtisaari briefed Contact Group foreign ministers on 20 September 2006, in New York City at a meeting chaired by U.S. Secretary of State Condoleezza Rice . At that meeting, the Contact Group released a press statement that reaffirmed its desire to work towards

17433-443: 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

17582-438: 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

17731-503: 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

17880-550: 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

18029-436: The proposals shall reflect principles of gender equality and the ethnic composition of the territorial jurisdiction of the respective court All candidates must fulfill the selection criteria provided by law.The Kosovo Judicial Council is responsible for conducting judicial inspections, judicial administration, developing court rules in accordance with the law, hiring and supervising court administrators, developing and overseeing

18178-548: The province's status. The Constitutional Framework states that the Provisional Institutions of Self-Government (PISG) "shall not in any way affect or diminish the ultimate authority of the SRSG [Special Representative of the Secretary General] for the implementation of UNSCR 1244". The Kosovo Assembly is in effect prohibited to make any decisions or declarations on the future status of Kosovo There are no Ministers for Foreign Affairs or Defence as these functions are reserved to

18327-403: The question of status itself. Prime Minister of Kosovo's Provisional Institutions , Agim Çeku stated that his government would accept nothing less than independence and would not contemplate partition. On the part of Serbia, Prime Minister Vojislav Koštunica stated Serbia would give Kosovo full autonomy but could not accept independence. The position of the Contact Group of leading nations

18476-453: The required majority. The following year, a new Serbian Constitution was enacted that drastically reduced the powers of the autonomous provinces, reserving many formerly autonomous rights to the central authorities in Belgrade . It also changed back the name of Kosovo from the Socialist Autonomous Province of Kosovo to the Autonomous Province of Kosovo and Metohija , returning the province to

18625-418: The resolution was never implemented. The severely circumscribed control exercised by Serbia in Kosovo has led many commentators to describe the nature of its sovereignty as purely "nominal". William G. O'Neill comments that the resolution's wording was also intended "to reassure Republic of Macedonia, which has a substantial Albanian minority, that its territorial borders were not at risk. It also can be seen as

18774-460: 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

18923-688: The same time, reiterated that "the Socialist Republic of Serbia comprises the Socialist Autonomous Province of Vojvodina and the Socialist Autonomous Province of Kosovo , which originated in the common struggle of nations and nationalities of Yugoslavia in the National Liberation War [the Second World War ] and socialist revolution...." The separately promulgated Constitution of the Socialist Autonomous Province of Kosovo declared that: The Socialist Autonomous Province of Kosovo

19072-532: The sitting judges and lay judges. Furthermore, the Kosovo Judicial Council is responsible for the overall management and administration of all courts, for the elaboration and the implementation of the budget of the judiciary and for the establishment of new courts and court branches. According to the Constitution of Kosovo , the Kosovo Judicial Council : shall ensure the independence and impartiality of

19221-409: 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

19370-488: The state of Serbia which includes the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija, the latter currently under international administration in accordance with UN SC resolution 1244." In 2006, Serbia drafted a new constitution that again referred to Kosovo as an integral part of Serbia. UNMIK was given exclusive rights to manage Kosovo's economic affairs and stated its intent in

19519-449: 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

19668-407: The status of a separate republic, the People's Republic of Macedonia . The constitution, adopted on 31 January 1946, stated that "The People's Republic of Serbia includes the autonomous province of Vojvodina and the autonomous Kosovo-Metohijan region." It did not spell out the rights and scope of the autonomous provinces, instead stating that this was a matter to be "determined by the constitution of

19817-453: 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

19966-404: The status predating the 1970s and using the Serbian name for the western part of the region. The 1990 constitution was strongly resisted by Kosovo's Albanians, who set up a "shadow" government to parallel the official Serb-dominated establishment. The Albanian-dominated Kosovo Assembly passed an unofficial resolution declaring Kosovo an independent entity within Yugoslavia, equivalent in status to

20115-452: The terms of UNSCR 1244 which ended the Kosovo conflict of that year. That resolution reaffirmed the territorial integrity of Serbia over Kosovo but required the UN administration to promote the establishment of 'substantial autonomy and self-government' for Kosovo pending a 'final settlement' for negotiation between the parties. The UN-sponsored talks began in February 2006, and though no agreement

20264-416: The time prior to the aggression. The territorial entirety of our country cannot be threatened ... the political process, which will be based on the principles which stem from previously conducted discussions [is] also equally based on the sovereignty and territorial integrity of our country. This means that only autonomy, and nothing else outside that, can be mentioned in this political process. The reality on

20413-412: 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,

20562-593: 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

20711-709: Was allocated to the Zeta Banate and smaller bits to the Moravian and Vardar Banates . The first Constitution of the Federative People's Republic of Yugoslavia (later renamed the Socialist Federal Republic of Yugoslavia , SFRY) established Kosovo-Metohija and the northern region of Vojvodina as autonomous provinces within the People's Republic of Serbia . It also promoted the Vardar region of southern Serbia to

20860-566: 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

21009-442: 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

21158-561: Was led by UN Special Envoy Martti Ahtisaari , former president of Finland; Austrian diplomat Albert Rohan is his deputy. Ahtisaari's office — the UN Office of the Special Envoy for Kosovo (UNOSEK) — is located in Vienna , Austria, and includes liaison staff from NATO , the EU and the United States. Ahtisaari is supported in his efforts by Ambassador Frank G. Wisner , the U.S. Representative to

21307-400: 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:

21456-558: 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,

21605-458: 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

21754-737: Was reached between the parties, a proposal from UN Special Envoy Martti Ahtisaari was presented in May 2007 which recommended 'supervised independence' for the province. After many weeks of discussions at the UN in New York , the United States , United Kingdom and other European members of the United Nations Security Council formally 'discarded' a draft resolution backing Ahtisaari's proposal on 20 July 2007, as they had failed to secure Russian backing. On 17 February 2008, representatives of

21903-528: 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

22052-655: Was the only country to recognize the independence. Kosovo independence was also not supported by the international community, which had maintained a consistent policy since 1991 of upholding the existing borders of the individual republics of Yugoslavia. On 10 October 1991 the CSCE (now the Organization for Security and Co-operation in Europe ) warned that member states would "never ... recognize any changes of borders, whether external or internal , brought about by force." The United States,

22201-470: 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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