Original scientific paper

https://doi.org/10.59245/ps.34.4.5

The Constitutional Architecture of Checks and Balances in the Governance of Kosovo's Security Sector

Behar Selimi orcid.org/0000-0002-4745-9682 ; Kosovo UBT College, Law Faculty, Former General Director of Kosovo Police
Bashkim Smakaj ; Security Studies Faculty, Former Director of Kosovo Intelligence Agency

Abstract

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 the 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 monopolisation of control, thus fostering accountability and transparency in security operations.
Kosovo; security sector: constitutional definition; the balance of powers; legitimate use of force; legislative oversight; accountability

Keywords

Kosovo; security sector: constitutional definition; the balance of powers; legitimate use of force; legislative oversight; accountability

Hrčak ID:

339878

URI

https://hrcak.srce.hr/339878

Publication date:

19.12.2025.

Article data in other languages: croatian

Visits: 432 *