Assembly of Kosovo in the context of "Constitution of Kosovo"

The 2008 Kosovo declaration of independence, which proclaimed the Republic of Kosovo to be an independent and sovereign state, was adopted at a meeting held on 17 February 2008 by 109 out of the 120 members of the Assembly of Kosovo, including the Prime Minister of Kosovo, Hashim Thaçi, and by the President of Kosovo, Fatmir Sejdiu (who was not a member of the Assembly). It was the second declaration of independence by Kosovo's Albanian-majority political institutions; the first was proclaimed on 7 September 1990.

The legality of the declaration has been disputed. Serbia sought international validation and support for its stance that the declaration was illegal, and in October 2008 requested an advisory opinion from the International Court of Justice. The Court determined that the declaration did not violate international law.

The accession of Kosovo to the European Union (EU) is on the current agenda for future enlargement of the EU. Kosovo is currently recognized by the EU as a potential candidate for accession.

Kosovo's declaration of independence from Serbia was enacted on 17 February 2008 by a vote of members of the Assembly of Kosovo. Independence has not been recognised by Serbia, or five out of 27 EU member states, and as a result the European Union itself refers only to "Kosovo", with an asterisked footnote containing the text agreed to by the Belgrade–Pristina negotiations: "This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence." This has not prevented Kosovo from continuing its EU enacted Stabilisation Tracking Mechanism (STM) programme, aiming to gradually integrate its national policies on legal, economic and social matters with the EU, so that at some point in the future Kosovo could qualify for EU membership.

On 17 February 2008, the majority of members of the Assembly of Kosovo, including Hashim Thaçi, and Fatmir Sejdiu (who were not members of the Assembly), not acting in the capacity of PISG, declared Kosovo an independent and sovereign state. Kosovo was soon recognized as a sovereign state by the United States, Turkey, Albania, Austria, Germany, Italy, France, the United Kingdom, the Republic of China (Taiwan), and others. This triggered an international debate over whether Kosovo's unilateral declaration of independence had set a precedent in international law that could apply to other separatist movements, or whether it is a special case. The recognition of Kosovo's independence by 101 out of 193 UN states, according to many sources, has given fresh impetus to other separatist movements.

It is estimated that a total of 70 unrecognized nations and organizations use the Kosovo precedent to achieve their goals. Abkhazia and South Ossetia renewed their calls for the recognition of their sovereignty. Kosovo's independence also led to increased tensions in Bosnia and Herzegovina, where the Republika Srpska vetoed recognising Kosovo, and threatened to declare independence themselves.