Acta Universitatis Danubius. Juridica, Vol 14, No 3 (2018)

Unitary state in the Constitution of the Republic of Kosovo

Flamur Hyseni Hyseni


Referring to the Constitution of the Republic of Kosovo in 2008 it appears that the Republic of Kosovo is an independent, sovereign, democratic, unique and indivisible. By this definition constitutional state that Kosovo is a unique state that in constitutional terms regarding state regulation domed Kosovo is a simple - unique and indivisible. Such a situation exists constitutional, but the definition actually entered unitary elements of federalism or state composed of elements which may violate state unique and can affect the future in redefining constitutional state. In the development of constitutionalism in the world, perhaps the Republic of Kosovo could serve as a model of a new regulatory theory of a "new unitary" with elements of federalism in terms of the internal, ie a part of the territory. In this respect the case of the Republic of Kosovo have two characteristics that impose the existence of "new unitary", first, complete northern Kosovo which to a great extent has special status with "Ahtisaari's package" and secondly, judicial system which will be organized differently and will not be unique judicial system as determined by the current constitution


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