Monday, February 18, 2008

Basic Provisions, Kosovo's Constitution

Basic Provisions

Article 1 [Definition of State]

1. The Republic of Kosovo is an independent, sovereign, democratic, unique and indivisible state.

2. The Republic of Kosovo is a state of its citizens. The Republic of Kosovo exercises its authority based on the respect for human rights and freedoms of its citizens and all other individuals within its borders.

3. The Republic of Kosovo shall have no territorial claims against any state or part of state and shall not seek nor accept union with any state or part of any state.

Article 2 [Sovereignty]

1. The sovereignty of the Republic of Kosovo stems from the people, belongs to the people and is exercised in compliance with the Constitution through elected representatives, referendum and other forms in compliance with the provisions of this Constitution.

2. The sovereignty and territorial integrity of the Republic of Kosovo is intact, inalienable, indivisible and protected by all means provided in this Constitution and the law.

3. The Republic of Kosovo, in order to maintain peace and to protect national interests, may participate in a system of international security.

Article 3 [Equality Before the Law]

1. The Republic of Kosovo is a multi-ethnic society, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions.

2. The exercise of public authority in the Republic of Kosovo shall be based upon the principles of equality of all individuals before the law and with full respect for internationally recognized fundamental human rights and freedoms, as well as protection of the rights of and participation by all Communities and their members.

Article 4 [Form of Government and Separation of Power]

1. Kosovo is a democratic Republic based on the principle of separation of powers and the checks and balances among them as provided in this Constitution.

2. The Assembly of the Republic of Kosovo exercises the legislative power.

3. The President of the Republic of Kosovo represents the unity of the people. The President of the Republic of Kosovo is the legitimate representative in country and abroad and is the guarantor of the democratic functioning of the institutions of the Republic of Kosovo, as provided in this Constitution.

4. The Government of the Republic of Kosovo is responsible for implementation of laws and state policies and is subject to parliamentarian control.

5. The judicial power is unique and is exercised by independent courts.

6. The Constitutional Court is independent in protecting the constitutionality and is the final authority for the interpretation of the Constitution.

7. The Republic of Kosovo has institutions for the protection of the constitutional order and territorial integrity, public order and safety, which operate under the constitutional authority of the democratic institutions of the Republic of Kosovo.

Article 5 [Languages]

1. The official languages in the Republic of Kosovo are Albanian and Serbian.

2. Turkish, Bosnian and Roma languages have the status of official languages at the municipal level or will be in official use as provided by law.

Article 6 [Symbols]

1. The flag, the seal and the anthem are the state symbols of the Republic of Kosovo that reflect its multi-ethnic character.

2. The appearance, display and protection of the flag and other state symbols shall be regulated by law. The display and protection of the national symbols shall be regulated by law.

Article 7 [Values]

1. The constitutional order of the Republic of Kosovo is based on the principles of freedom, peace, democracy, equality, respect for human rights and the rule of law, non-discrimination on grounds of ethnicity, gender or religion, the right to own property, the protection of environment, social justice, pluralism, separation of state powers, and an open market economy.

2. The Republic of Kosovo ensures gender equality as a fundamental value for the democratic development of the society, providing equal opportunities for both female and male participation in the political, economic, social, cultural and other areas of societal life.

Article 8 [Secular State]

The Republic of Kosovo is a secular state and is neutral in matters of religious beliefs.

Article 9 [Cultural and Religious Heritage]

The Republic of Kosovo ensures the preservation and protection of its cultural and religious heritage.

Article 10 [Economy]

An open market economy with free competition is the basis of the economic order of the Republic of Kosovo.

Article 11 [Currency]

1. The Republic of Kosovo uses as legal tender one single currency.

2. The Central Banking Authority of Kosovo is independent and is called the Central Bank of the Republic of Kosovo.

Article 12 [Local Government]

1. Municipalities are the basic territorial unit of local self-governance in the Republic of Kosovo.

2. The organization and powers of units of local self-government are provided by law.

Article 13 [Capital City]

The capital city of the Republic of Kosovo is Pristina. The status and organization of the capital is provided by law.

Article 14 [Citizenship]

The acquisition and termination of the right of citizenship are provided by law.

Article 15 [Citizens Living abroad]

The Republic of Kosovo protects the interests of its citizens living and staying abroad as provided by law.

Article 16 [Supremacy of the Constitution]

1. The Constitution is the highest legal act of the Republic of Kosovo. Laws and other legal acts shall be in accordance with this Constitution.

2. The power to govern stems from the Constitution.

3. The Republic of Kosovo shall respect international customary law.

4. Every person and entity in the Republic of Kosovo is subject to the provisions of the Constitution.

Article 17 [International Agreements]

1. The Republic of Kosovo concludes international agreements and becomes a member of international organizations.

2. The Republic of Kosovo participates in international cooperation for promotion and protection of peace, security and human rights.

Article 18 [Ratification of International Agreements]

1. International agreements relating to the following subjects are ratified by law as adopted by the majority of ll members of the Assembly:

(1) territory, peace, alliances, political and military issues;

(2) fundamental rights and freedoms;

(3) membership of the Republic of Kosovo in international organizations;

(4) the undertaking of financial obligations by the Republic of Kosovo;

(5) approving, amending, supplementing or repealing laws;

2. International agreements other than those listed in paragraph 1 are ratified upon signature of the President of the Republic of Kosovo.

3. The Prime Minister notifies the Assembly whenever an international agreement is signed.

4. The principles and procedures for ratifying and contesting international agreements are set forth by law.

Article 19 [Applicability of International Law]

1. International agreements ratified by the Republic of Kosovo become part of the internal legal system after their publication in the Official Gazette of the Republic of Kosovo. They are directly applied except for cases when they are not self-applicable and the application requires the promulgation of a law. The amendment or repeal of laws ratifying international agreements shall be adopted by the same majority required for their ratification.

2. International customary law and all ratified international agreements have superiority over the laws of the Republic of Kosovo which are not in compliance with them

3. If a membership agreement ratified by the Republic of Kosovo for its participation in an international organization explicitly contemplates the direct applicability of the norms of that organization, then those norms have superiority, in case of conflict, over the laws of the Republic of Kosovo.

Article 20 [Delegation of Sovereignty]

1. The Republic of Kosovo may on the basis of ratified international agreements delegate state powers for specific matters to international organizations.

2. If an international agreement requires the delegation of sovereignty, the law ratifying the international agreement must be adopted by a two thirds (2/3) majority of all members of the Assembly.

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