Pravni aspekti Briselskog sporazuma
Legal Aspects of Brussels Agreement

Summary/Abstract: This paper deals with the issue of the legal nature and basic characteristics of the so-called. Brussels Agreement (VA). After the theoretical analysis of the concept of the international treaty, by the use of legal dogmatic method it is showed that the BA has elements of an international agreement. Since it has the elements of the international agreement, the BA is not ratified in accordance with the constitutional provisions, because, instead in the form of the constitutional law, it is ratified by the Governmental Regulation. Moreover, since it recognizes the contractual capacity of “Kosovo” and leaves to this entity the exercising of the state (legislative and judicial) functions and the jurisdiction of the regulating of the certain areas of the social life which are, according to the Constitution, under the exclusive jurisdiction of the state, the BA is materially unconstitutional.

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