Kosovo Judicial Position from the Second World War until 1974
Kosovo Judicial Position from the Second World War until 1974

Summary/Abstract: This work aims at retracing, explaining and analyzing the Kosovo legal-political status within the constitutional system of former Yugoslavia. Reading, review and analysis of Yugoslav Constitutions, Serbian Constitutions and Kosovo Constitutions adopted from 1946 to 1974 by Federal Parliament, by the Parliament of Serbia and by the Kosovo Parliament. Kosovo as an entity starts with a dual position within Yugoslavian constitutional system, by being a federal unit in one side and the part of constitutional system of Serbia on the other side (first Yugoslav Constitution); Kosovo status has no dual position by being only the part of Constitutional system of Serbia (second federal constitution) and Kosovo becomes equal to other federal units of Yugoslavia (third Constitution). Kosovo entered into the constitutional system of Yugoslavia, since the Resolution of Bujani Conference (held on December 1943-January 1944) adopted by Kosovo representatives was not implemented. That Resolution aimed realization of the right of Kosovo people for self determination after the war. This was not made possible based on the created circumstances; based on the military curfew deployed by Yugoslav/Serb authorities and based in some other geo-political reasons. Foundations of People’s Federative Republic of Yugoslavia (later on The Socialist Federative Republic of Yugoslavia) were established in 1943 during the Second Conference of the National Committee for Liberation of Yugoslavia held in Jajce (November 1943), where Kosovo was not represented. Kosovo status within Yugoslavia changed few times but it never fulfilled completely Kosovo people’s will. Changes in the legal political status of Kosovo within Yugoslavia came based on the reports of forces and political circumstances at all levels which had always two tendencies: tendencies for more democracy, freedoms and economic development in one side and tendencies for more hegemony and supremacy over the others held mainly from Serbia.

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