Kosovo

Here is the position of Kosovo in Serbian Law.

Based upon article 133 of the old Constitution of Republic of Serbia from the age of the Socialist Federal Republic of Yugoslavia from 1990 and article 25 on the Law of Referendum and National Initiative from 1998, the National Assembly of the Republic of Serbia, on its 2nd special session, on 8 November 2006, had unitedly declared a new constitution, the proposal for which was unitedly adopted by the parliament on 30 November 2006, which was then passed on a nation-wide referendum on 28 and 29 October 2006 (3,521,724 or 96.6% voted YES at a 3,645,517 or 54.91% turnout).

The following is the Preamble of the Constitution of the Republic of Serbia:

Considering the state tradition of the Serbian people and equality of all citizens and ethnic communities in Serbia,

Considering also that the Province of Kosovo and Metohija is an integral part of the territory of Serbia, that it has the status of a substantial autonomy within the sovereign state of Serbia and that from such status of the Province of Kosovo and Metohija follow constitutional obligations of all state bodies to uphold and protect the state interests of Serbia in Kosovo and Metohija in all internal and foreign political relations,

the citizens of Serbia adopt the CONSTITUTION OF THE REPUBLIC OF SERBIA

In article 114 the election of the President of the Republic is defined (IV - Arrangement of Administration, 2), he is sworn by the following words: I do solemnly swear that I will devote all my efforts to preserve the sovereignty and integrity of the territory of the Republic of Serbia, including Kosovo and Metohija as its constituent part, as well as to provide exercise of human and minority rights and freedoms, respect and protection of the Constitution and laws, preservation of peace and welfare of all citizens of the Republic of Serbia and perform all my duties conscientiously and responsibly.

Article 182 (VII - TERRITORIAL ORGANIZATON, 2 - Autonomous provinces) dealing with the Concept, establishment and territory of autonomous province:

Autonomous provinces shall be autonomous territorial communities established by the Constitution, in which citizens exercise the right to the provincial autonomy.

In the Republic of Serbia, there are the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija. The substantial autonomy of the Autonomous province of Kosovo and Metohija shall be regulated by the special law which shall be adopted in accordance with the proceedings envisaged for amending the Constitution.

New autonomous provinces may be established, and already established ones may be revoked or merged following the proceedings envisaged for amending the Constitution. The proposal to establish new, or revoke or merge the existing autonomous provinces shall be established by citizens in a referendum, in accordance with the Law.

Territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered shall be regulated by the Law. Territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the Law.

Following Article 183 determines the Competences of autonomous provinces

Autonomous provinces shall, in accordance with the Constitution and their Statutes, regulate the competences, election, organization and work of bodies and services they establish.

Autonomous provinces shall, in accordance with the Law, regulate the matters of provincial interest in the following fields:

1. urban planning and development,

2. agriculture, water economy, forestry, hunting, fishery, tourism, catering, spas and health resorts, environmental protection, industry and craftsmanship, road, river and railway transport and road repairs, organising fairs and other economic events,

3. education, sport, culture, health care and social welfare and public informing at the provincial level.

Autonomous provinces shall see to exercising human and minority rights, in accordance with the Law.

Autonomous provinces shall establish their symbols, as well as the manner in which they shall be put to use.

Autonomous provinces shall manage the provincial assets in the manner stipulated by the Law.

Autonomous provinces shall, in accordance with the Constitution and the Law, have direct revenues, provide the resources for local self-government units for performing the delegated affairs and adopt their budget and annual balance sheet.

Article 185 defines Legal acts of autonomous province

The Statute shall be the supreme legal act of the autonomous province.

The Statute of the Autonomous Province of Vojvodina shall be adopted by its Assembly, subject to prior approval of the National Assembly.

The autonomous province shall enact other decisions and general acts pertaining to matters within its competences.

Article 186 defines the Monitoring the work of bodies of autonomous province:

The Government may institute, before the Constitutional Court, the proceedings of assessing the constitutionality and legality of a decision adopted by the autonomous province, prior to its coming into force. In that sense, prior to passing its decision, the Constitutional Court may defer coming into force of the challenged decision of the autonomous province.

Article 187 defines the Protection of the provincial autonomy:

A body designated by the Statute of the autonomous province shall have a right to lodge an appeal with the Constitutional Court, if an individual legal act or action of a state body or body of local self-government unit obstructs performing the competences of the autonomous province.

A body designated by the Statute of the autonomous province may institute the proceedings of assessing the constitutionality or legality of the law and other legal act of the Republic of Serbia or the legal act of the local self-government unit which violates the right to the provincial autonomy.


Edited by Yugoslav - 06-Feb-2008 at 19:30

well it depends on how NATO wants to push this.

cool. now the precedent has been made, i think the Abkaz, Basque, treinster, etc , every other group can split from any nation regardless of due process and legalities. all you need is to be sponsored by a big power or even better a group of them.

The independence outcome is fine with me personally, im still very unimpressed on how this happened. This I think is going to cause longer term problems

Now will have now a Domino of "independence" with the Russians to support at once....

Transnistria also known as Trans-Dniester from Moldovia
South Ossetia from Georgia
Abkhazia from Georgia

and secondary will see the......

Serbs from "Kosovo"
Serbs from Bosnia
Croatians from Bosnia
Albanians from Montenegro
Albanians from FYROM

The independence outcome is fine with me personally, im still very unimpressed on how this happened. This I think is going to cause longer term problems

Are we to believe that the world doesnt run on double standards?

Edited by Theodore Felix - 17-Feb-2008 at 22:51

How else was it going to be done? Russia blocked any UNSC effort, while both Serbia and the Kosova government were entirely were on such opposed sides that the use of the word "compromise" was a joke. Serbia denied the very basis of the Kosovar Albanian objective while the same vice versa. Talks were going nowhere...

Originally posted by Theodore Felix How else was it going to be done? Russia blocked any UNSC effort, while both Serbia and the Kosova government were entirely were on such opposed sides that the use of the word "compromise" was a joke. Serbia denied the very basis of the Kosovar Albanian objective while the same vice versa. Talks were going nowhere...

and the other side is saying the same thing, they gave everything but complete indepandance but  the kosovars would only settle for outright separation. The USA and most EU countries were going against the spirit of the UN mission in kosovo which was all about protecting not separating the province from Serbia.

This was done by force, without mutual agreement or by UN mandate, so it will bring about consequences in the future. We now have a new geopolitical fault line that has now reached the adraitic and with at least one side feeling they copped the raw deal, not good.

Staggered levels of independence over time with the serbs who can have some time to get accustomed to the idea would of achieved the same ends though it would of needed long term views and much more patience that we have seen. Now i tend to err on the side of minority self determination where practical, or virtual independence if not, however not by unnecessary force. I don't believe for a minute there was no other option than what we have witnessed, but hey the US get a new military base...

No man ,the pandora box has not been opened,but it is Russia who wants to see it that way.Kosovo is not the same as any other regional conflict in the world.I could only think of the Basque movement in Spain who is quite simmilar.

I did not say is special,i said is not the same.

Originally posted by Sarmat12 North Ossetia is undoubtly the most loyal to Moscow government North Caucasus' republic. They definetely don't want to be "released." In South Ossetia there was a bloody war between Georgians and Ossetians. Nothing like that has been possible in North Ossetia.