Introducing the Draft Law on Referenda: Its Constitutionality and Legal Implications

June 21, 2018


Perparim Kryeziu
administration reform, public policy, welfare policy and socio-economic development

United Nations Special Envoy’s, former Finish president Martin Ahtisaar, Comprehensive Proposal for the Kosovo Status Settlement generated the premise for a new reality in the region. Often referred to as Ahtisaar’s Plan, it provided the basis for the declaration of independence of Kosovo in 2008, following the nine-year long international administration. Upon the declaration of independence, Ahtisaar’s plan served as the groundwork for the drafting of the Constitution of the Republic of Kosovo. It enclosed several provisions to ensure a smooth transition of executive authority to local institutions and sustainable statehood. It also enclosed several principles adopted in the Constitution which provide insurance that institutional authorities will not succumb to any nationalist sentiment that could overwrite the general principles of a free, equal, modern, democratic, secular, and multi-ethnic state. These provisions were meant to be insuperable, and because of the ethnic demographic of the population – Albanian ethnics in vast majority – they may not become subject to future referenda. This was intended as a safeguard measure that prevents any legal attempt to bypass the rules of procedures regarding these provisions of vital interest. Recently, a legislative initiative to regulate and establish procedures for referenda has been undertaken. This short policy note discusses the constitutionality of current draft law, and highlights possible legal implications.

Policy Notes

Introducing the Draft Law on Referenda: Its Constitutionality and Legal Implications

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