Description
This paper scrutinizes the legal rights of ethnic minorities in the Republic of Kosovo. Specifically, it addresses the constitutional regime and the principles regarding minorities therein, meaning the variety of mechanisms for the promotion and protection of minority rights in domestic order of the Republic of Kosovo on one hand, and in the European Union integration path on the other. The paper starts off with the introduction to the topic, explaining the concept of minorities and continuing to explain fundamentals of the constitutional system of Kosovo, confining to the key principles of minority rights’ protection framework. The paper proceeds to explain the institutional role and guaranteed rights for minorities in the public institutions, both central and local level. Then, it explains the relations between European Union and Kosovo determining the nature of the relations, and the obligations of Kosovo, confining to the aspect of the human rights in general, and minority rights in particular. Moreover, the paper shows the report regarding the implementation of minority rights on the ground in Kosovo, issued by the European Commission for the last years, highlighting the fields where the progress has been made, and where the improvements are required. The paper concludes that Kosovo’s legal framework broadly guarantees the protection of human and fundamental rights in line with European standards, but the implementation continues to remain challenging.
Chair
Stelios Tsiaras
Discussant
Tamara Popic & Giacomo Tagiuri
Session Type
Panel 1
Topic
Public Policy, Economy & Rights
The Minority Communities’ Rights in the Republic of Kosovo under the EU Law
This paper scrutinizes the legal rights of ethnic minorities in the Republic of Kosovo. Specifically, it addresses the constitutional regime and the principles regarding minorities therein, meaning the variety of mechanisms for the promotion and protection of minority rights in domestic order of the Republic of Kosovo on one hand, and in the European Union integration path on the other. The paper starts off with the introduction to the topic, explaining the concept of minorities and continuing to explain fundamentals of the constitutional system of Kosovo, confining to the key principles of minority rights’ protection framework. The paper proceeds to explain the institutional role and guaranteed rights for minorities in the public institutions, both central and local level. Then, it explains the relations between European Union and Kosovo determining the nature of the relations, and the obligations of Kosovo, confining to the aspect of the human rights in general, and minority rights in particular. Moreover, the paper shows the report regarding the implementation of minority rights on the ground in Kosovo, issued by the European Commission for the last years, highlighting the fields where the progress has been made, and where the improvements are required. The paper concludes that Kosovo’s legal framework broadly guarantees the protection of human and fundamental rights in line with European standards, but the implementation continues to remain challenging.
