The Consociational System of Democracy in Kosovo: Questioning Ethnic Minorities' Special Status in Kosovo's Constitutional Regime

This article examines the constitutional position of ethnic minorities in Kosovo, the individual features, and the key protection mechanisms applied therein. At the outset, the article provides a general introduction to the topic, illustrating the character of Kosovo's state model. Subsequently, it builds upon the view that Kosovo was shaped under an international supervision, which aimed to establish a state freed from mono-ethnicity, which is regarded as both multi-ethnic and a state of citizens. The article proceeds to explain the institutional mechanisms established with the objective to protect and uphold the ethnic minorities’ position at both central and local levels. Furthermore, it discusses the affirmative human rights law standards granted to ethnic minorities—both at personal and collective levels. The article concludes by suggesting that the constitution of Kosovo provides for a broad degree of self-rule to ethnic minorities, which, in turn, provides them with the capacity to enjoy a rather constitutive position as regards the essential components of the polity.