Kosovo Security Force is an Army - Legal Arguments

Published by:

Kosovar Centre for Security Studies (QKSS)

Title:

Kosovo Security Force is an Army - Legal Arguments

Author:

Robert Muharremi

Date:

07 March 2016

 

Legal restrictions imposed on armament, number of members and competencies of the Kosovo Security Force (KSF) make it not considered an army by the public. The possibility of amending the Constitution to transform KSF into the army has been discussed in the public debate. This legal opinion will argue that under the Constitution of the Republic of Kosovo, KSF is already a military force and constitutional amendments are not required to eliminate current restrictions which prevent it from becoming fully-fledged military force. All current restrictions may be eliminated by amending the relevant legislation within existing provisions of the Constitution.

Amendment of the Constitution would require the approval of two thirds (2/3) of all members of the Parliament, including two thirds (2/3) of all members of the Parliament holding reserved or guaranteed seats for representatives of communities that are not in the majority in the Republic of Kosovo. On the other hand, as the legislation on KSF does not constitute legislation of vital interest (Article 81 of the Constitution), amendments of the legislation on KSF could be adopted by the Parliament only by a majority vote of MPs present and voting (Article 80.1 of the Constitution).

The views expressed in this study are those of the author and do not necessarily reflect the views of the Kosovar Centre for Security Studies and partners.