Kosovo parliament set to adopt new constitution

The Kosovo parliament is set to adopt the new constitution which contradicts the UN resolution which halted hostilities nine years ago.

(KosovoCompromise Staff) Thursday, April 03, 2008

The head of the European Union mission in Kosovo, which began deployment last month despite the lack of backing in UN Security Council, approved the new constitution, saying that this paper guarantees rights of minority groups.

"Kosovo will have a modern Constitution guaranteeing full respect of individual and community rights, including those of Kosovo Serbs," the head of EU's planned 2,000-strong mission Peter Feith said in a statement.

Feith's "okay" was a crucial phase in the adoption of Kosovo's new constitution, according to the "independence deal" reached by Western diplomats and Pristina leaders, which includes the full implementation of "supervised sovereignty" drafted by former Finnish President Martti Ahtisaari.  

The head of the Kosovo's Assembly and former guerrilla chief Jakup Krasniqi said he expects "the highest legal act to be adopted no later than April 15."

"The Commission will meet once more to look at the changes proposed," Krasniqi said and added that "at the latest by April 15, we will conclude Kosovo's constitution."

However, Ahtisaari's plan was never adopted by the Security Council, as two permanent members of the body strongly opposed a move widely seen as a major breach of UN Charter, international law, and Resolution 1244 which still presents the only legal framework for province's status.

The Kosovo parliament needs to formally adopt the constitution in the coming weeks, but the legislature is expected to come into effect by the mid-June, coinciding with Pristina's expectations considering the withdrawal of UN personnel.  

According to the EU plans, Kosovo government will take over UNMIK's authority by mid-June, but Serbia, strongly backed by Russia, opposes the move, saying that would be a clear breach of Belgrade's territorial integrity and international law.

Even though the U.S. and the EU planned to dismantle UNMIK, the UN mission will stay in Kosovo until "Security Council decides otherwise", but it remains pretty much unclear what would be future role of UNMIK would really be in that situation.