Kosovo* proclaimed its independence from Serbia on 17 February 2008. Serbia does not recognise its independence, whereas there are 116[1] countries that do so far. The Head of State is the President of the Republic and the Head of Government is the Prime Minister. The Parliament is unicameral.
After 1999, Kosovo has been administered by the United Nations Interim Administration Mission in Kosovo (UNMIK)[2]. Moreover, the European Union Rule of Law Mission in Kosovo (EULEX) provides assistance and support to Kosovo authorities in the fields of the rule of law. Kosovo statehood is recognised by 23 EU Member States, but not by the EU itself. The International Civilian Office (ICO) is scheduled to conclude its mission by September 2012, after which Kosovo will gain full unsupervised independence.[3] In September 2012, international supervision by the International Civilian Office ended, and Kosovo became responsible for its own governance.
Kosovo* is organised on a unitary basis with one level of decentralisation, at the municipal rank. Decentralisation in Kosovo[4] dates back from 2008 as it relies on the so-called ‘Ahtisaari proposal’[5], which was rejected by Serbia but accepted by Kosovo[6] in its declaration of independence. Moreover, a Law on local self-government[7] was adopted in 2008 and implemented the proposal.
Kosovo* is composed of two levels of governance: at the central and municipal levels. There currently are 37 38 municipalities[8].
The principle of local self-government is enshrined in the Constitution (Art. 12). The mMunicipalities’ competences are divided between own competences, extended competences[9] and delegated competences (Art. 124.3). Municipal acts adopted in the area of their own competences may be reviewed by the central authorities with regard to the Constitution and the law only (Art. 124.7).
Municipalities exercise their competences in accordance with the subsidiarity principle[10] and enjoy full and exclusive powers for their own competences.
De facto, the Serbian Municipalities (especially those in the North) operate largely outside the control of the Kosovo Government institutions[11]. In 2015, through an EU facilitated dialogue, Prime Ministers of Kosovo* and Serbia agreed on the general principles for the creation of an Association/Community of Serb majority municipalities in Kosovo.[12] However, its creation has been indefinitely postponed over conflicts about the extension of powers.
Besides the Constitution, the division of powers between the different levels of governance is specified by various laws:
Moreover, there is an explicit reference to the European Charter of Local Self-Government in the Constitution[16] (Art. 123.3).
Municipalities enjoy financial autonomy for the competences within their remit[17] (Constitution, Art 124.5). Their resources shall be commensurate to their competencies. Municipalities’ revenues are derived from own revenues, rants and municipal borrowing.[18] They may assess, levy or collect tax only on immovable property within their borders.[19] In case of delegation, the State covers the expenditures.
Some of the legislation on local government is being amended: a law package will be changed with the End of Supervised Independence (ESI). This will entail the end of the Athisaari Plan, such that it will be taken out of the Constitution and replaced by other relevant laws adopted by the Kosovo authorities. The ESI is planned for 10 September; the law package is thus to be adopted shortly before that.
1.1. Central government
Central government is responsible for:State responsibilities
- International relations;
- Foreign policy;
- Security and defence;
- Economic and monetary policy, and
- Any area of public interest.
The Law on Local Self-Government provides for three types competencies for the municipality: own competencies, delegated competencies and enhanced competencies for some municipalities with Serb-majority and are not transferable to any other subject.
1.2. Local government
A municipalities own responsibilities include:
- Transport;
- Planning;
- Environment;
- Civil protection (local emergency response);
- Education;
- Public health;
- Social welfare;
- Culture;
- Local economic development;
- Tourism;
- Reintegration of repatriated persons;
- Promotion and protection of human rights, and
- Any matter not explicitly excluded from their competence nor assigned to any other authority.
Delegated competences:
- Registry (cadastral records; civil registries; voter registration; business registration and licensing);
- Distribution of social assistance payments (excluding pensions); and
- Forestry protection on the municipal territory;
- Other competences, in accordance with the law.
Enhanced competences:
- Health;
- Education;
- Cultural affairs;
Local police.
* This designation is without the prejudice to the positions expressed by the EU Member States on Kosovo's status, and is in line with United Nations Security Council Resolution No. 1244/1999 and the International Court of Justice Opinion of 22 July 2010 on Kosovo's declaration of independence.
[1] As of 17 February 2012. See: Ministry of Foreign Affairs As of June 2015, See Kosovo thanks you
[2] UNSCR 1244 S-RES-1244(1999).
[3] Communiqué, Fifteenth meeting of the International Steering Group for Kosovo, 2nd of July 2012, Vienna.
[4] Under UNSCR 1244/1999.
[5] UNSC, Report of the Special Envoy of the Secretary-General on Kosovo’s future status, S/2007/168, 26.03.2007
[6] Under UNSCR 1244/1999.
[7] Law No. 2008/03-L040 on local self-government of 20.02.2008.
[8] See List of Municipalities Website, Government of Kosovo
[9] Extended competences are comparable to own competences, except that they are assigned to specific municipalities.
[10] Law on local self government, Article 15
[11] International Crisis Group, North Kosovo: Dual Sovereignty in practice, Europe Report Nº211, 14 March 2011.
[12] See European Union, External Action, 2015, Statement by High Representative/Vice-President Federica Mogherini following the meeting of the EU-facilitated dialogue and the Association/Community of Serb majority municipalities– general principles main elements. Also see analysis by Nationalia, 08.03.2016 ‘The uncertain future of the Association of Serb majority municipalities in Kosovo’
[13] Law No. 2008/03-L040 on local self-government of 20.02.2008
[14] Law No.2008/03-L049 on local government finance of 13.03.2008
[15] Law on administrative municipal boundaries
[16] Art. 123.3
[17] Constitution, Art 124.5
[18] Law No.2008/03-L049 on local government finance of 13.03.2008, Article 7
[19] Law No.2008/03-L049 on local government finance of 13.03.2008, Article 3
