1.
Community rights in KosovoNazan Zymber, 2017
Opis: Kosovo has gone through several negotiations processes with Serbia during the last two decades. The failed 1999 peace talks in Rambouillet, resulted in armed conflict, the 2006/2007 negotiations on the future status/political settlement of Kosovo in Vienna resulted in a path for supervised independence, disputed by Serbia. Today, the EU facilitated negotiations in Brussels between Pristina and Belgrade that began in 2011 are about negotiating issues, in line with its goal to "...improve the lives of citizens". National minorities throughout these dialogues were subject to vulnerabilities and affirmative actions in legal and practical terms. Compromise solutions for integration of the Serb national minority in Kosovo society are being negotiated within the realm of national interests of both Kosovo and Serbia while confronted by oppositions in both countries. Brussels Agreements produced the deal for establishing the Association of Serb Majority Municipalities. The intention of this thesis is to present chronological developments through comparative and analytical methods of the legal and institutional framework since 1999. The community rights and the connotation with the on-going political dialogue, with the overall aim of providing an answer as to whether there is any added value, in legal terms, in adding another Agreement with additional guarantees to the rights already enshrined in the Constitution. Actually, due to questioned legality of the latter agreement, the Kosovo Constitutional Court has rendered a Judgment but did not present a clear view on the matter, and due to its 'ambiguity' it was also disputed and the objectivity of the Court was attributed to the current political situation. Moreover, the effects the First Agreement has had on the both parties will be presented. There is no doubt that the First Agreement on principles governing the normalization of relations between Pristina and Belgrade expands beyond the 2008 Constitution of Republic of Kosovo. Although the community rights and freedoms are guaranteed by the Constitution in addition to directly applicable international human rights instruments, including the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols and Council of Europe Framework Convention for the Protection of National Minorities.
Najdeno v: osebi
Objavljeno: 17.08.2018; Ogledov: 1632; Prenosov: 107
Celotno besedilo (1,05 MB)
