Overlapping jurisdictions, disputed territory, unsettled state: the perplexing case of citizenship in Kosovo

Abstract

This paper examines the nascent citizenship regime in Kosovo since the country's declaration of independence in 2008. It argues that the defining characteristics of the Kosovan citizenship are: (1) adoption of the ‘new-state’ model (i.e. inclusion into its citizenship of all Kosovo residents); (2) tension between civic and multicultural conceptions of citizenship on the one side, and ethno-national conceptions on the other; and (3) contested nature and overlapping jurisdictions. In addition, it claims that the present legal, political and territorial dispute in Kosovo seriously undermines the consolidation of Kosovo's citizenship regime and has turned Kosovo into a territory of de facto shared sovereignties (condominium-like constellations).

Keywords:

• citizenship
• Kosovo
• contested statehood and territory
• Serbia

Acknowledgements

The author would like to thank the anonymous reviewers, as well as Jo Shaw and Igor Štiks, for their invaluable comments on earlier versions of this paper. The financial support of the European Research Council (CITSEE, ERC 230239) in the preparation of this special issue is gratefully acknowledged.

Notes

 1. I borrow the term ‘constellations’ from Bauböck. According to him, ‘citizenship constellations’ represent ‘structures in which individuals are simultaneously linked to several such political entities, so that their legal rights and duties are determined not only by one political authority, but by several’ (Bauböck 2010, p. 848).

 2. See UN General Assembly Resolution 50/190 (A/RES/50/190), 22 December 1995.

 3. Between 1999 and 2007, Serbian authorities claim to have issued 200,000 passports for Kosovo residents (AFP 2007).

 4. In the midst of negotiations, in autumn 2006, Serbia adopted a new constitution, which confirmed Kosovo as an integral part of Serbia, offering it autonomy within the framework of the Serbian sovereignty. Serbia organised a referendum on new constitution but ethnic Albanians from Kosovo were ineligible to vote (Weller 2009, pp. 208–209).

 5. See Kosovo Declaration of Independence, 17 February 2008, available at: http://www.assembly-kosova.org/common/docs/Dek_Pav_e.pdf [accessed 1 June 2010].

 6. Law on Citizenship of Kosova, Official Gazette of the Republic of Kosovo, No. 26/2008.

 7. For a more detailed analysis of the new Kosovan citizenship law, including modes of acquisition and loss of citizenship, as well as procedures, see Krasniqi (2010a).

 8. Brubaker distinguishes between the ‘new-state’ model – where the task of the new state is to define an initial body of citizens, usually done in a territorially inclusive manner; the ‘restored state’ model – in which the state confirms an already existing citizenry and restores citizenship and statehood; and a third compromise model that combines features of the first two (1992a, p. 279).

 9. Personal interview with a member of the Kosovan Parliament and former member of the Kosovo's negotiating team on final status settlement, Prishtina, on 11 May 2010.

10. ICJ (2010).

11. For more on political and scholarly debates about the ICJ's decision, see Krasniqi (2011).

12. Under the Serbian Constitution, Kosovo is de jure part of Serbia. However, the UNSC Resolution 1244 (1999), which is still in force, has suspended Serbia's sovereignty over Kosovo. So, even according to Resolution 1244, which Serbia has as a reference point in its battle to keep Kosovo within its sovereignty, Serbia is not permitted to exercise any control over or maintain institutions in Kosovo.

13. See EULEX's mission statement, available at: http://www.eulex-kosovo.eu/en/info/whatisEulex.php [accessed 14 June 2010].

14. Although both countries reached agreements on licence plates, identity cards, university diplomas, Kosovo customs' stamps, border crossings, civil registers and Kosovo's representation in regional meetings, tensions persist in the northern part of Kosovo as local Serbs refuse to dismantle barricades that were erected in opposition to the presence of Kosovo police and customs officers in the border points with Serbia. More recently, Serbs from northern Kosovo have organized a referendum where the overwhelming majority voted to reject contact with independent Kosovo's institutions with Serbia, Kosovo and the international community dismissing the vote as irrelevant (The Economist 2012).

15. On the issue of future scenarios for Kosovo, see also Economides et al. (2010) and ICG (2011).