) Transition of KSF into the military, only after changing name

) Transition of KSF into the military, only after changing name

The Kosovo Assembly has voted the package with three bills envisioning the transformation of the Kosovo Security Force into the army of the Republic of Kosovo. The transformation of the Force is being done only with legal changes, in the absence of Serbian List support for constitutional changes, so with these laws the name of KSF will remain the same. [...]

Days earlier, the Kosovo Assembly adopted in principle three bills the Government of Kosovo has proposed for transforming the KSF.

This is how KSF is intended to increase capacity and responsibilities, but what remains is the same name.

Under these circumstances, constitutional law professor Mazumum Baraliu says it can only become adventures and in no way interfere with the appointment.

“Avancitions can be made in the sense that we said earlier here, to re-description of competencies and engineerings, but in no way the appointment and primary function that an army should have that can't do by law because it would immediately conflict with the Constitution and can't go such laws would have to be broken by the Constitutional Court”, he says.

According to Baraliu, without changing KSF's name, there can be no transformation.

Professor Baraliu says the main issue is the appointment, so according to him, there should be constitutional changes.

“In the first place, without changing the name of the Security Force there is no transformation, because naming and name are the first issue of a specific defence or security formation. In this case, it would have to be more than in law in the Constitution to make a transformation. The laws that are being met and changed will have to have changes and fulfillment of the Constitution and where the KSF writes, to regulate both the competence and the appointment, and the military's activity, should be adjusted to the Constitution. So it's not about transformation, it's about adding certain KSF functions, it's like KSF and we have no transformation. So it should be clear, to get the transformation has been demanded by the International Community, the primary condition, to have a broad public and comprehensive debate involving the political element, in this case the Serb List and communities. While the Belgrade-based Serbian List is against the Kosovo Army”, he said.

But the former commander of the Kosovo Security Force, Kadri Kastrati, does not think the same.

According to him, the name was made, not by military, but by mission and duties.

The name doesn't make the army, it does the mission, it's out of the mission, it's out of duty. The equipment and all the other needs that an army needs. Kosovo's military also deals with this name, which remains the name of the Security Force and with these three draft laws that have gone to Parliament”, he says.

While security connoisseur Ramadan Qehaja has said that voting the bills in the Assembly constitutes the launch of a highly complex process of creating military capacities.

News of the adoption of the new legal package that paves the way for receiving the KSF defence mandate undoubtedly delighted me beyond that. This is not just because I am a career soldier but, first of all, that many sacrifices have been made until we achieve this legitimate right of ours. I am surprised that I have contributed for decades to the establishment of Albanian frameworks in the field of defence and that I have actively advanced to the function of completing Kosovo's security architecture. Of course, the vote in the Assembly represents the launch of a highly complex process of building military capacities. We will achieve this thanks to the bilateral military co-operation with friendly states which will precede our strategic goal of NATO integration. The new KSF mandate headed by the Ministry of Defence will be in place to create military defanzi capacity. So the new mission will be in the service of peace, not war”, he wrote.

The Americans, meanwhile, have declared to the media that they support the disciplined and transparent transition of KSF to a professional, multiethnic army and that it is interoperable with the NATO Army and with limited mandate of territorial self-defense.

We remember that the bills voted in the Kosovo Assembly have only passed the first review and are also expected to be processed for their final approval before they can be signed by the country's president.

Through these three bills, KSF is intended to be transformed into a force with additional capacity, including protection responsibility, but the same name remained.

The Defence Ministry bill has been adopted by 101 votes, the one for the Kosovo Security Force by 98 votes, while the Ministerial Force of Kosovo adopted by 96 votes.

The draft laws for the KSF were supported by all parliamentary groups, except the Serbian List deputies. They boycotted the session where the package was being voted in with the three bills on transforming the KSF.

 

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