Guarding the Future: A Closer Look at Kosovo's Constitutional Security Sector Arrangements
Session
Law
Description
This article critically examines the constitutional definition of the security sector in Kosovo, highlighting it as a paradigmatic example of liberal democracy. It focuses on the essential principles of separation, control, and balance of powers within the security apparatus. The article argues that security, whether national or public, is a primary state duty enforced through law enforcement and legitimate use of force. It underscores the risks of power exploitation by influential interest groups in the absence of proper constitutional regulation, especially in post-conflict societies. The integration of violence mechanisms into a legitimate defence system as prescribed by the constitution is imperative for upholding the core mandate of safeguarding the state and ensuring comprehensive human security. The article stresses that mere compliance with constitutional norms is insufficient; effective regulation must prevent any single branch from consolidating power. It examines Kosovo's extensive constitutional oversight of its security sector, detailing the delineation of power-sharing between the executive and legislative branches and within the executive itself to prevent monopolization of control, thus fostering accountability and transparency in security operations.
Keywords:
Kosovo, security sector, constitutional definition, the balance of powers, legitimate use of force, legislative oversight, accountability.
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-982-15-3
Start Date
25-10-2024 9:00 AM
End Date
27-10-2024 6:00 PM
DOI
10.33107/ubt-ic.2024.83
Recommended Citation
Selimi, Behar and Smakaj, Bashkim, "Guarding the Future: A Closer Look at Kosovo's Constitutional Security Sector Arrangements" (2024). UBT International Conference. 19.
https://knowledgecenter.ubt-uni.net/conference/2024UBTIC/LAW/19
Guarding the Future: A Closer Look at Kosovo's Constitutional Security Sector Arrangements
This article critically examines the constitutional definition of the security sector in Kosovo, highlighting it as a paradigmatic example of liberal democracy. It focuses on the essential principles of separation, control, and balance of powers within the security apparatus. The article argues that security, whether national or public, is a primary state duty enforced through law enforcement and legitimate use of force. It underscores the risks of power exploitation by influential interest groups in the absence of proper constitutional regulation, especially in post-conflict societies. The integration of violence mechanisms into a legitimate defence system as prescribed by the constitution is imperative for upholding the core mandate of safeguarding the state and ensuring comprehensive human security. The article stresses that mere compliance with constitutional norms is insufficient; effective regulation must prevent any single branch from consolidating power. It examines Kosovo's extensive constitutional oversight of its security sector, detailing the delineation of power-sharing between the executive and legislative branches and within the executive itself to prevent monopolization of control, thus fostering accountability and transparency in security operations.