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- Title
DISA ÇËSHTJE TË RAPORTIT TË KUSHTETUTËS SË KOSOVËS ME TË DREJTËN NDËRKOMBËTARE.
- Authors
GRUDA, Përparim
- Abstract
The point of the relationship that has or should have international law on domestic law is one of the most controversial issues in the theory of public law. This relationship is a product of different factors that determine the legal and political form and content of national law and also as a consequence the relationship that it builds with international law. This paper tries to explain specifically the relationship between Constitution of the Republic of Kosovo and International Law. The Kosovo model is specific in itself and needs a specific treatment. Reviewing the main models of the relantionship of International law- domestic law, will be made at the beginning of this paper on purpose to examine ways of defininig the relationship and role of our constitution in this context and what are the solutions that the constiution has provided. Analysis on the relationship between our constitution and international law is primarily related to state sovereignty, namely the possibility of transferring it to an international organization, the ratification of international agreements, direct implementation of several international instruments in the field of human rights and freedoms and the interpretation of the second chapter of the constitution that guarantees human rights in accordance with the decisions of the European Court of Human Rights. The role of the Constitutional Court in relation to the constitutional control of international agreements in which Kosovo as a state can be a party will take a special part in this research. The first case of this nature was recently in the hands of judges for evaluation and that case will be a topic of discussion at this research too.
- Publication
Vizione, 2016, Vol 25, p157
- ISSN
1409-8962
- Publication type
Article