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The Post-Communist State Era and Its Impact on Sovereignty: A Case Study of Kosovo

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Salihu S.

Studia Europejskie-Studies in European Affairs

2022

vol. 26

issue 1

135-152

Many theoretical perspectives have touched on the concept of sovereignty, but the need for more sovereignty-based discussion in relation to the postcommunist era still exists. The question of sovereignty and its survival in the post-communist era touches on some general features such as the attributes, signs, properties, and conditions of the concept of sovereignty that have evolved. In the case of Kosovo, the issue of sovereignty can be linked to two distinct features, namely democracy and human rights. For Kosovo to be a sovereign state, it had a mandatory prerequisite to fulfil these two features. These features implied the fulfilment of two criteria, in the forms of legality and legitimacy and, in reality, these two criteria stem from the will of the people. This reflection shows that sovereignty in the post-communist era had to be in line with respect for human rights as a feature of the principles of democracy. However, the transition from the communist system to democracy was not an easy one. In this regard, Kosovo has come a long way in achieving sovereignty and managed to be declared a sovereign state in 2008. The conditioning of Kosovo's sovereignty by the above criteria represents the influence of the post-communist era, and its earlier form differs from the prevailing form of absolute sovereignty as it existed, for example, in the former federations of Russia and Yugoslavia. Kosovo's sovereignty is reflected in accordance with the will of the majority of over ninety-five percent of the country's population. Moreover, in Kosovo, minorities have privileges, such as positive discrimination and the special right that constitutional changes on vital issues pertaining to those minorities cannot be made without their vote.

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1 Studia Europejskie-Studies in European Affairs

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1 2022

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The Post-Communist State Era and Its Impact on Sovereignty: A Case Study of Kosovo