Key: The demarcation process went from professionals to politics

Cela has also said that the process of marking the border of the Republic of Kosovo is continuing to be conveyed with heated debates, “that have already exceeded professional weight and scientific expertise, addressing the problem to political representatives”.

In my opinion, the policy decision should be based on scientific arguments, official data and institutional work. Against this, we will continue to face political tensions that seriously damage the prospect of consolidation of the state, and create huge professional slides, which cannot be repaired for decades”, Cela said in this article sent to the media, which we are publishing full next.

Nonprofessional approach and damage to state

Demarkation with Montenegro, according to experts with lack of professional access or with devastating access to the state

The process of marking the border of the Republic of Kosovo is continuing to be followed by heated debates, which have already passed professional weight and scientific expertise, addressing the problem to political representatives

In my opinion, the policy decision should be based on scientific arguments, official data and institutional work. Against that, we will continue to face political tensions that seriously undermine the prospect of consolidating the state, and create large professional slides that cannot be repaired for decades.

Over the past two years we've heard of various arguments that have shown a lack of pragmatic approach and respect for scientific methods in proving the hypotheses raised?

Even on 13/11/2017, in reporting before the Commission for European Integration, we heard from <x0-ex1> “missing evidence “, which can only be considered professional rhetoric, which does not prove anything, on the path of state consolidation (for the present MPs showed higher professional level than “Therefore, it is important to clarify for public opinion that the practice of trumpeting groundless facts creates major political and professional problems. The same date, on this commission, we heard some scandalous innovations of <x5 operations” from objectors of the border demarcation process with Montenegro.

First, effective control of territory? In fact, along the border line between Kosovo and Montenegro, we can talk about the effective control of the territory about two geographical spaces, which date back to the 70th century XX:

a) geographical space Z HLEB (zona cadastre Dačić) 614 ha, which is administratively belonging to the Republic of Montenegro, but is managed by the forest unit of the Pec municipality; and

b) Pas-Halje's geographical space (Zona cadastral Kostutan) 650 ha, which in turn administrativeally belongs to the Peja municipality, while managed by the Rozaja Forest Manager (R. Montenegro).

Both these geographical spaces in terms of effectiveness have been managed by the respective institutions of the two constitutional units of is h - RSPJ. Even if the exchange of these two management areas is required, the Republic of Kosovo loses only about 36 ha.

For more, this would create dangerous precedents for the northern part of Kosovo, which is threatened by the argument of the principle of efficiency, because we are all aware that, indeed, in this geographic space of Kosovo by 2012, (some of them still today), effective, political, economic, social and organisational activity exercise Serbia's parallel institutions.

Second we heard of overcoming cadastral areas? What cadastral areas are spoken of as overcoming, and what does it mean to climb cadastral areas? This has to be proven and argued by the respective cadastral agencies, not by <x0 ..expert” outside institutions.

Third, we heard that the administrative border is not identical to the cadastral border? As it was said, is there a difference between the administrative, municipal, cadastral, and other things...”? I say, where there are differences between four levels of borders, is there room for prosecution? Because competent institutions have not carried out their primary task. In the case of Kosovo, it is not worth it.

The four state properties are not registered to the cadastral system, please experts with missing professional access, what are those properties that are not registered in the cadastra? This problem contains elements of the criminal act, for nonrealising institutional duty, lack of accurate information, or it may also be deliberate pronouncement to create confusion in public opinion.

The fifth came out to be a missing “... edimentation of 1945, and we know there are people who have seen that documentation... ”. The question is whether these <x2-seconds have been unable to find documents of this level, whether it is absurd to ask others to provide one because they are not competent at all.

The 6th <x0-seconds continued to present thematic maps showing the activities of Kosovo organisations and institutions after 2008? It has already been argued that all social organizations of the time, such as: Elektro-economics, Forest Economy, Water Economy, Kosovo Statistics Enti Geodesic Administration of Kosovo, etc., economic activity and their servants have developed within the geographical space of 10,908km2.

The seventh was also talked about the competencies and protocol of the commission “MEHA”, why are we listening to rhetoric charge for the “commission? MEHA”, which did not add up to “has finished the good work”, then why are you “the honorable” you are not arguing the opposite of what the MEHA Commission has done.

From the signing of the border demarcation agreement in mid-R. Kosovo's, but also Montenegro's, we have faced presentations of professional facts that have not overcome the challenges of scientific argument. In fact, opponents of this process are still not consistent on the quantitative surface of the geographic space considered lost, because, according to them, this area has moved from 150 km2 to 70km2, which was eventually considered that Kosovo territory is shrinking by about 82 km2.

The successive actions by various commissions, to verify procedures, methodology, data and other scientific arguments have shown that along the borderline of the Republic of Kosovo, there is a solid compliance of facts from cadastral parcels, cadastral plans, borders of cadastral zones, various topographic andmatic maps, other property and judicial documentation, to scientific and statistical data. It has also been proven that between the borderline and the border of cadastral zones there are no empty (TERRA NULLIS) spaces.

Finally, there has been a dilemma that the border sign agreement between R. of Kosovo and Montenegro, should he also submit to the assessment of the Arbitrazhi Court in The Hague? Even though the stage is a long and full road of political and judicial difficulties, which I think turns the process into the most difficult diplomatic point since the declaration of independence in 2008. In this process I think some important issues should be analyzed, starting with:

The procedure to send the agreement to arbitration, which initially requires that the existing agreement be dropped in the R Assembly. Kosovo would also depreciate ratification on the part of Montenegro. The political consequences of this action must be assessed, as well as appreciated what might be the final assessment of arbitrage? In a word, responsibility must be addressed!

A mutual political decision to form respective commissions should be made;

) It needs to resume a new process for marking the border line between the two states;

It must be started by drafting the principles of the agreement, which will again be required to define the criteria for border demarcation, which should be based on the principles of the Badinter Commission and M's comprehensive document. Ahtisaari?

The delegation of the border demarcation process should be made to the ratification of agreements in respective parliaments.

The consequences of such an action (sent to the Arbitrazhi Court in The Hague) bear professional and political responsibilities with them, proving once again that the final outcome is the one set by the commissions to mark the border line between the two states (v. 2015). This is because the border demarcation process has passed all political, judicial, professional and scientific procedures and is stuck in the ratification procedure.

Throughout my work in this process, I have not been able to read a single case where the process is stuck in the ratification procedure. The cases of this nature have evolved in the process of delegation, respectively drafting the agreement to its signing, in which case the decision has been made for states to submit the deal with the contesting points at the Arbitrazhi Court. This means that harmonisation of the agreement on the part of the two states also implies the formal process of ratification in respective parliaments.

Such an event has been proven in the case of border demarcation between the Republic of Slovenia and Croatia, which have decided that over border disputes between these two states, they will receive the assessment of the Arbitrazhi court in The Hague. As expected, this decision is in favour of the administrative border between these states, and are in full harmony with:

The European Union Declaration of December 16, 1991;

Badinter Commission recommendations;

) Applied U Law YOU POSIDETIS;

And

) A considerable number of agreements, law on administrative municipalities of is h - RSPJs, underground acts and other documents signed by both sides date from 1932 onward.

Arbitrazhi's decision on the case of the border dispute between R. Slovenia and Croatia's is a good example to ensure the territorial integrity of the Republic of Kosovo for the period 1974-2017. In this decision (Haga 29 June 2017), it is clearly said that parties with the agreement have agreed that the border will be determined in line with international law. Therefore, Tribunal is obliged to decide the issue based on laws, not by historical, political or sociological perspectives. In particular, Tribunali stresses how Croatia and Slovenia have adopted implementation of the Uti possidetis principle in determining their borders. Therefore, former borders of two republics within is h - RSFJ, as they were on the date of independence on June 25th 1991, are now international borders between the Republic of Croatia and the Republic of Slovenia (Abbbiration become the Republic of Croatia and the Republic of Slovenia, The Hague, 29 June 2017, Tribunal Determins Land and Marriages in Final Board, Page 3). This is in full compliance with the principles of the Badinter Commission.

Tribunal's practical approach is based on the fundamental principles of the agreement between the parties, which have agreed that the cadastral borders represent the border of the respective republics. This approach is in full accordance with the fact that under the legitimate municipal law of is h - RSFJs, cadastral borders had to comply with republic's borders.