Government
Main article: Government of Kosovo
The government of the Republic of Kosovo is defined under the 2008 Constitution of Kosovoas a multi-party parliamentary representative democratic republic. Legislative power is vested in both the Assembly of Kosovo and the ministers within their competencies. The President of Kosovo is the head of state and represents the "unity of the people". The Executive of Kosovo exercises the executive power and is composed of the Prime Minister of Kosovo as the head of government, the deputy prime ministers, and the ministers of the various ministries. The legal system is composed of an independent judiciary composed of theSupreme Court and subordinate courts, a Constitutional Court, and an independent prosecutorial institution. There also exist multiple independent institutions defined by the Constitution and law, as well as local governments.
International civil and security presences are operating under auspices of the United Nations Security Council Resolution 1244. Previously this included only the United Nations Interim Administration Mission in Kosovo (UNMIK), but has since expanded to include the European Union Rule of Law Mission in Kosovo (EULEX). In December 2008, EULEX was deployed throughout the territory of Kosovo, assuming responsibilities in the areas of police, customs and the judiciary.[58]
A Kosovo Police Force was established in 1999.
Continued international supervision
Main article: European Union Rule of Law Mission in Kosovo
The Ahtisaari Plan envisaged two forms of international supervision of Kosovo after independence: the International Civilian Office (ICO), which would monitor the implementation of the Plan and would have a wide range of veto powers over legislative and executive actions, and the European Union Rule of Law Mission to Kosovo (EULEX) which would have the narrower mission of deploying police and civilian resources (including prosecutors) with the aim of developing the Kosovo police and judicial systems but also with its own powers of arrest and prosecution. The Kosovo Declaration of Independence and subsequent Constitution granted these bodies the powers assigned to them by the Ahtisaari Plan. Since the Plan was not voted on by the UN Security Council, the ICO's legal status within Kosovo was dependent on the de facto situation and Kosovo legislation; it was supervised by an International Steering Group (ISG) composed of the main states which recognised Kosovo. It was never recognised by Serbia or other non-recognising states. EULEX was also initially opposed by Serbia, but its mandate and powers were accepted in late 2008 by Serbia and the UN Security Council as operating under the umbrella of the continuing UNMIK mandate, in a status-neutral way, but with its own operational independence. The ICO's existence terminated on 10 September 2012, after the ISG had determined that Kosovo had substantially fulfilled its obligations under the Ahtisaari Plan. EULEX continues its existence under both Kosovo and international law; in 2012 the Kosovo president formally requested a continuation of its mandate until 2014.
Constitution
Further information: Constitution of Kosovo
The Republic of Kosovo is governed by legislative, executive and judicial institutions which derive from the Constitution of Kosovo, adopted in June 2008, although (as noted previously) North Kosovo is in practice largely controlled by institutions of the Republic of Serbia or parallel institutions funded by Serbia. The Constitution provides for a temporary international supervisory function exercised by the International Civilian Office (ICO), and, in the field of the rule of law, by EULEX. The International Steering Group has announced that the ICO's mandate has been successfully concluded and that the ICO ceased to exist on 10 September 2012 [59]
The Constitution[60] provides for a primarily parliamentary democracy, although the President has the power to return draft legislation to the Assembly for reconsideration, and has a role in foreign affairs and certain official appointments. It specifies that "the Republic of Kosovo is a secular state and is neutral in matters of religious beliefs". Like the Constitutional Framework before it, it guarantees a minimum of ten seats in the 120-member Assembly for Serbs, and ten for other minorities, and also guarantees Serbs and other minorities places in the Government.
A wide range of legislation affecting minority communities requires not only a majority in the Assembly for passage or amendment, but also the agreement of a majority of those Assembly members who are Serbs or from other minorities. Although Kosovo is not currently a member of the Council of Europe (and thus her citizens cannot appeal to the European Court of Human Rights) the Constitution enshrines the European Convention on Human Rights in Kosovo law, and gives it primacy over any domestic Kosovo laws. Kosovo's independent Constitutional Court has indeed overturned executive actions on the grounds that they infringe upon the Convention.
The Constitution provides extensive powers to the municipalities; boundaries of municipalities cannot be changed without their agreement. Three Serb-majority municipalities (North Mitrovica, Gračanica, and Štrpce) are directly given powers which other Kosovo municipalities do not have in the fields of university education and secondary health care; the constitutional right of Serb municipalities to associate and co-operate with each other means that, indirectly, they too have potential powers in these fields
Politics
Main article: Politics of Kosovo
The largest political parties in Kosovo are the centre-right Democratic League of Kosovo (LDK), which has its origins in the 1990s non-violent resistance movement to Miloševic's rule and was led by Ibrahim Rugova until his death in 2006,[61] and two parties having their roots in the Kosovo Liberation Army (KLA): the centre-left Democratic Party of Kosovo (PDK) led by former KLA leader Hashim Thaçiand the centre-right Alliance for the Future of Kosovo (AAK) led by former KLA commander Ramush Haradinaj.[61] In 2006 Swiss-Kosovar businessman Behgjet Pacolli, reputed to be the richest living Albanian, founded the New Kosovo Alliance (AKR), which came third in the 2007 elections and fourth in those of 2010.
In 2010, the Constitutional Court ruled that the first President of the Republic, Fatmir Sejdiu, was violating the Constitution by remaining leader of the LDK as well as being President. He chose to resign the Presidency rather than resign as leader of the party, but lost his leadership of the LDK anyway to Isa Mustafa, who campaigned for the leadership on a platform of leaving the Government coalition with the PDK. In the early elections which resulted from this political crisis, the PDK emerged as victors over the LDK, and formed a coalition with Behgjet Pacolli, the Serb Samostralna Liberalna Stranka, and other minority community parties.
The Assembly narrowly elected Behgjet Pacolli as President, but his election was subsequently declared invalid by the Constitutional Court on the grounds that it was unconstitutional for a Presidential election to have only one candidate. He was succeeded by Ahtifete Jahjaga.
Politics in Serb areas south of the River Ibar are dominated by the Independent Liberal Party (Samostalna Liberalna Stranka), led bySlobodan Petrovic; Serbs north of the river almost totally boycotted the Assembly elections of 2010
In February 2007 the Union of Serbian Districts and District Units of Kosovo and Metohija transformed into the Serbian Assembly of Kosovo and Metohija.[62] On 18 February 2008, day after Kosovo's unilateral declaration of independence, the Assembly declared it "null and void".
Foreign relations
Main article: Foreign relations of Kosovo
Nineteen countries maintain embassies in the Republic of Kosovo, and As of 26 September 2013, 106 countries recognise the Republic of Kosovo. Enver Hoxhaj is Foreign Minister for the Republic of Kosovo.[63]
Military
A 2,500-strong Kosovo Security Force (KSF) was trained by NATO instructors and became operational in September 2009.[64] The KSF did not replace the Kosovo Protection Corps (KPC) which was disbanded several months later. Agim Çeku is the current Minister of Security Forces of the Republic of Kosovo.[65]
Government and politics