Constitution of Kosovo (1974)
An editor has nominated this article for deletion. You are welcome to participate in the deletion discussion, which will decide whether or not to retain it. |
The Constitution of the Socialist Autonomous Province of Kosovo was adopted on February 28, 1974, by the Assembly of Kosovo[1] and the Assembly of Yugoslavia. It was the first Constitution of Kosovo that replaced the Kosovo Constitutional Law of 1963.[2][3] The federal 1974 Yugoslav Constitution that was adopted a week earlier granted federal units of the Socialist Federal Republic of Yugoslavia to create their own constitutions, making this the first constitution of Kosovo that was integrated into a constitution of the SFR Yugoslavia.[4]
Overview
Whilst within Yugoslavia, the Constitution of 1974 had a purpose which stated that all ethnicities of Kosovo should unite under the people's socialist revolution and the Communist party in its lead, against class warfare and further class inequality. The head of the Assembly Ilaz Kurteshi signed the constitution on 27 February 1974 and it was adopted the same day.[5] First constitution attempted by Kosovo was integrated into the constitution of SFRY[5] of 27 February 1974. In the new constitutions of 1974, Kosovo was granted major autonomy, allowing it to have not only its own administration and assembly, but also a substantial constitutional, legislative and judicial autonomy.[6] Per the Constitutions of SFR Yugoslavia from 1974, SAP Kosovo also gained its own Constitution and the highest officials, most notably Presidency and Government.[7]
The Constitution of the Autonomous Socialist Province of Kosovo from 1974, advanced the constitutional and political position of Kosovo and the rights of its citizens in the Yugoslav federal state. The Constitution of the Socialist Federal Republic of Yugoslavia and the Constitution of the Socialist Republic of Serbia also contained specific provisions for the SAP of Kosovo. According to the Constitution of the SFRJ, the constitutional-political position of the SAP of Kosovo was similar, but not equal, to that of the socialist republics. Kosovo enjoyed a high degree of autonomy in the constitutional and legislative field, in the territorial field, in the financial and economic field, in the judicial field, in the field of international relations and in the field of maintaining order and security and defense.[1] However, even though it was a constitutive part of the Yugoslav Federation, Kosovo was simultaneously structured within Serbia. Kosovo's status was hybrid: on the one hand, with a tendency to keep it in the constitutional framework of Serbia, and on the other hand, for its completely equal positioning in the Federation. The structuring of Kosovo in Serbia conflicted with its position in the reports in the Federation. Kosovo was an integral part of the Federation of former Yugoslavia, had its own territory and borders, which could not be changed without its consent, was represented in all bodies and organizations of the Federation, participated in relations with international bodies and organizations, while having an equal position with the former republics in the procedure of issuing and amending the Constitution of Yugoslavia.[1]
Five points below explain the main reasons for its existence and importance:
- From 1944 onwards Kosovo's participation in the federal Yugoslavia was mostly like the other federal units.
- Since 1944, and particularly under the 1974 SFRY constitution, Kosovo had a substantial degree of autonomy. In all areas, social economic and national policy.
- Under the 1974 Constitution, the six republics along with Vojvodina and Kosovo had a similar constitutional position, the main difference was that while the republics (Croatia, Bosnia and Herzegovina, Macedonia, Montenegro, Serbia and Slovenia) were granted the right to secede, provinces of Kosovo and Vojvodina were not.[5][8]
- Kosovo had the same protection that the republics had in disputes between Serbia and Kosovo including the Federal Constitutional court. This was removed in 1989–1990 and could not be re-established once the SFRY had disintegrated.
- The position of Kosovo under the 1974 Constitution was cancelled in 1989–1990 by Serbia's federal authorities.
See also
References
- ^ a b c Kraja, Mehmet, ed. (2018). Fjalori Enciklopedik i Kosovës [Encyclopedic Dictionary of Kosova] (in Albanian). Vol. 1. Prishtinë: Akademia e Shkencave dhe e Arteve e Kosovës. p. 925. ISBN 9789951615846. OCLC 1080379844.
- ^ Lafe, Emil, ed. (2008). Fjalor Enciklopedik Shqiptar [Encyclopedic Dictionary of Albania] (in Albanian). Vol. 2. Tiranë: Akademia e Shkencave e Shqipërisë. p. 1425. ISBN 9789995610272. OCLC 426069353.
- ^ Bajrami, Arsim (2011). Sistemi kushtetues i Republikës së Kosovës [The constitutional system of the Republic of Kosovo] (PDF) (in Albanian). Prishtina: Government of the Republic of Kosovo. p. 45 - 51.
- ^
This article incorporates text from this source, which is in the public domain. Glenn E. Curtis (December 1990). Glenn E. Curtis (ed.). Yugoslavia: A Country Study. Federal Research Division. Political Innovation and the 1974 Constitution.
- ^ a b c "Deklarata me shkrim e 17 prillit 2009" [Written statement of April 17, 2009] (PDF). pp. 47–51. Archived from the original (PDF) on 13 December 2012. Retrieved 24 February 2013.
- ^ Independent International Commission on Kosovo. The Kosovo report: conflict, international response, lessons learned. New York, New York, USA: Oxford University Press, 2000. Pp. 35–36.
- ^ Robert Elsie (2010). Historical Dictionary of Kosovo. Scarecrow Press. p. 66, 179. ISBN 9780810874831.
- ^ Weller, Marc. Contested statehood: Kosovo's struggle for independence. Oxford: Oxford University Press. p. 73. ISBN 9780199566167. OCLC 299281828.