Kosovo’s Constitutionalism and Some Notes on the Legitimacy of the Spanish Position

Abstract

This article is an approach to the last piece of the itinerary followed by Kosovo in the determination of its status, that will be described focusing on the documents and actions of the parties concerned and on the role played by the international community. The relevance will prove when it comes to figure whether there is a possibility that a Constitution is the superior legal act of a given system, providing validity to the rules of such system, while at the same time subordinating itself to another act with legal meaning. The article analyses the Ahtisaari Plan and the Constitution of Kosovo, looking at them in the light of the kelsenian concept of the basic norm. It will be examined, in terms of legitimacy and effectiveness, what are the consequences of the revitalization of old nationalist drives in Spain, which are impac-ting directly on Kosovo’s present.