Assembly is the highest legal act of the Republic of Kosovo. Laws and other legal acts should be in accordance with this Constitution. The Constitution is a system of government, often coded in the form of a document, which lays the basis of fundamental rules and principles of an autonomous republic. The Constitution determines the fundamental principle policies, structure, procedures, power and responsibility of the government. The governing power in the Republic of Kosovo stems from the Constitution. The methods of work and decision making procedures of the Government are regulated by law and regulations.
The Republic of Kosovo respects the international right. Every person and institution in the Republic of Kosovo is subject to the provision of the Constitution. The Constitutional Court is an independent authority for the protection of the constitutionality and for the final interpretation of the Constitution.
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.
The constitutional order of the Republic of Kosovo is based on the principles of freedom, peace, democracy, equality, respect for human rights and freedoms and the rule of law, non-discrimination, the right to property, the protection of environment, social justice, pluralism, separation of state powers, and a market economy.
The History of the Constitution of the Republic of Kosovo – The draft of the new Constitution of the Republic of Kosovo was prepared and published in April 2008. Most of the articles of the Draft-Constitution were based and stemmed from the Ahtisaari plan; therefore the Constitution guaranteed special rights for the minority groups and ensured a safe environment for all citizens of the Republic of Kosovo.
17 February, 2008 – Kosovo was declared a sovereign and independent state on 17 February 2008, in the extraordinary meeting of the Assembly of Kosovo. The Declaration of Independence was an Act of the Assembly of Kosovo as an Interim Institution of Self-Government, unanimously recognized by all present members of the Assembly, who were 109. The Declaration of Independence was read by the Prime minister of Kosovo, Mr. Hashim Thaqi.
2 April, 2008 – The Constitutional Commission approved the text of the Draft-Constitution of the Republic of Kosovo. On the same day the Draft-Constitution of the Republic of Kosovo was Certified.
7 April, 2008 – The Constitution of the Republic of Kosovo was signed by the President of the Republic of Kosovo in the National Library of Kosovo in Prishtina, Kosovo.
9 April, 2008 – The Draft-Constitution of the Republic of Kosovo was ratified in the Assembly of the Republic of Kosovo.
15 April, 2008 – The Constitution of the Republic of Kosovo was fully enacted as the highest legal act of the Republic of Kosovo.
Before the Constitution of the Republic of Kosovo was signed Kosovo was governed under the Provisional Constitution, based on the Resolution 1244 of the United Nations Security Council. This resolution was later ratified in 2001, enacting the Provisional Institutions of Self-Government and leaving the final authority to Special Representative of Secretary General of the United Nations.
Preamble of the Constitution of the Republic of Kosovo
“We, the people of Kosovo,
In a solemn manner, we approve the Constitution of the Republic 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 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