Instytucjonalne ramy suwerenności: Dychotomia ustrojowa Republiki Kosowa na tle postulatów narodowych kosowskich Albańczyków
Institutional Frameworks of Sovereignty: The Constitutional Dichotomy of the Republic of Kosovo against the Background of the National Postulates of Kosovo Albanians

Summary/Abstract: The purpose of this article is to analyze the political system of the Republic of Kosovo in light of the tension between the demands of the international community and local national aspirations. The research hypothesis centers on the question of whether Kosovo's institutional weakness stems from the fact that international organizations are implementing a vision of a multi-ethnic state that structurally conflicts with the will of the democratic Albanian majority. Consequently, research questions were formulated regarding the dichotomy between the externally imposed formal and legal framework and the aspirations of Kosovo Albanians to build a homogeneous nation-state. From the perspective of legal studies, this subject is highly significant due to the unprecedented impact of international law on the domestic legal order and the functioning of the state as a sui generis "international protectorate". The study employs the historical method to discuss the evolution of statehood, the legal-dogmatic method through an analysis of the 2008 Constitution and acts of international law, and a theoretical-legal approach based on Carl Schmitt's concepts of the political and sovereignty, as well as Arend Lijphart's consociational democracy. The research demonstrates that the imposed concept of multi-ethnicity and "positive discrimination" leads to a chronic decision-making paralysis. In a Schmittian perspective, the Kosovan state has been deprived of genuine decision-making agency in favor of international entities. The conclusions indicate that the current crises and political resistance represent an attempt to restore full sovereignty and subjectivity against external legal frameworks.

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