Kosovo 2008 Constitution (reviewed 2016)

Table of Contents

Preamble

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 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 a solemn manner, we approve the Constitution of the Republic of Kosovo.

Chapter I. Basic Provisions

Article 1. Definition of State

The Republic of Kosovo is an independent, sovereign, democratic, unique and indivisible state.
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.
The Republic of Kosovo shall have no territorial claims against, and shall seek no union with, any State or part of any State.

Article 2. Sovereignty

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

Article 3. Equality Before the Law

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

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.
The Assembly of the Republic of Kosovo exercises the legislative power.
The President of the Republic of Kosovo represents the unity of the people. The President of the Republic of Kosovo is the legitimate representative of the country, internally and externally, and is the guarantor of the democratic functioning of the institutions of the Republic of Kosovo, as provided in this Constitution.
The Government of the Republic of Kosovo is responsible for implementation of laws and state policies and is subject to parliamentarian control.
The judicial power is unique and independent and is exercised by courts.
The Constitutional Court is an independent organ in protecting the constitutionality and is the final interpreter of the Constitution.
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

The official languages in the Republic of Kosovo are Albanian and Serbian.
Turkish, Bosnian and Roma languages have the status of official languages at the municipal level or will be in official use at all levels as provided by law.

Article 6. Symbols

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

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 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

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

Article 11. Currency

The Republic of Kosovo uses as legal tender one single currency.
The Central Banking Authority of Kosovo is independent and is called the Central Bank of the Republic of Kosovo.

Article 12. Local Government

Municipalities are the basic territorial unit of local self-governance in the Republic of Kosovo.
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 city is provided by law.

Article 14. Citizenship

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

Article 15. Citizens Living Abroad

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

Article 16. Supremacy of the Constitution

The Constitution is the highest legal act of the Republic of Kosovo. Laws and other legal acts shall be in accordance with this Constitution.
The power to govern stems from the Constitution.
The Republic of Kosovo shall respect international law.
Every person and entity in the Republic of Kosovo is subject to the provisions of the Constitution.

Article 17. International Agreements

The Republic of Kosovo concludes international agreements and becomes a member of international organizations.
The Republic of Kosovo participates in international cooperation for promotion and protection of peace, security and human rights.

Article 18. Ratification of International Agreements

International agreements relating to the following subjects are ratified by two thirds (2/3) vote of all deputies 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;
International agreements other than those in paragraph 1 are ratified upon signature of the President of the Republic of Kosovo.
The President of the Republic of Kosovo or the Prime Minister notifies the Assembly whenever an international agreement is signed.
Amendment of or withdrawal from international agreements follows the same decision making process as the ratification of such international agreements.
The principles and procedures for ratifying and contesting international agreements are set forth by law.

Article 19. Applicability of International Law

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.
Ratified international agreements and legally binding norms of international law have superiority over the laws of the Republic of Kosovo.

Article 20. Delegation of Sovereignty

The Republic of Kosovo may on the basis of ratified international agreements delegate state powers for specific matters to international organizations.
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 the law ratifying the international agreement must be adopted by two thirds (2/3) vote of all deputies of the Assembly, and those norms have superiority over the laws of the Republic of Kosovo.