Law in final dialogue with Serbia

In the resolution adopted by the Parliament of Kosovo, “The Parliament of the Republic of Kosovo re-exemplifies that the Constitution of the Republic of Kosovo, state sovereignty, territorial integrity and unitary state character of the Republic of Kosovo are inconsistent and inevitable”.

According to representatives of political parties, the draft dialogue bill is expected to be adopted soon in the Kosovo Assembly.

According to officials from the ruling political parties and those in opposition, with the adoption of this Dialogue Bill, which then passes into the law, all the competencies and responsibilities of the Kosovo delegation in the negotiations with Serbia are expected to be clarified.

Kosovo Prime Minister Ramush Haradinaj said the Kosovo government would support all mechanisms which would represent Kosovo in talks with Serbia. Here he has also included support for Kosovo President Hashim Thaci, following numerous debates in the political spectrum in Pristina about who will have the key role in the talks, the negotiating team formed by the Parliament or president of the state.

This is a new situation, in this case the Parliament has voted the delegation. Now the position of the Government is to support Kosovo institutions in dialogue -- that is, the institution of the president, the institution of Parliament -- in this case the delegation and those Kosovo delegate. So, our task is to supply them with matter, with expertise”, Haradinaj said.

Kosovo's prime minister said reserved for who can represent the country in the best way in dialogue with Serbia, the president or the negotiating group.

“This cannot guarantee us as Government who represents Kosovo better, the delegation or the president or anyone who represents”, Haradinaj said.

Given the current draft draft of the Bill, it defines the institutional hierarchy and decision-making procedure in the process of dialogue with the Republic of Serbia.

It also regulates the functioning of the state delegation of the Republic of Kosovo for dialogue with Serbia, defining the organisational structure, activity, competencies and responsibilities of the state delegation. Among other things, the current draft clearly defines the link the state delegation holds with other constitutional institutions of the Republic of Kosovo.

All the Constitutional Institutions of the Republic of Kosovo are obliged to make all documentation produced during the process of technical dialogue available, as well as to enable all necessary resources according to the demands of the state delegation”, the current draft of this bill is said.

Political parties' efforts in the Parliament to take on a stronger role in dialogue follow statements by President Hashim Thaci on the possibility of reaching an agreement with Serbia that would affect the current border of Kosovo. Thaci's idea, as he says, has not been supported by the prime minister, the opposition, as well as most political parties. So, now the Assembly is seeking an opportunity by means of the Law on Dialogue to define what the Kosovo delegation can and cannot negotiate in talks with Serbia.

Social Democrat Party deputy Chairman Wisar Ymer, the party that has become part of the negotiating team, said the law will be adopted in a quick future and everything specified there.

The state delegation will also have co-operation and consultation with other constitutional institutions, namely, from the president to the Government and other institutions, as well as in particular cases it will co-ordinate meetings within dialogue, but decision-making for the dialogue process will meet the state delegation”, Ymer said.

On the other hand, Artan Murati from the Kosovo Democratic Institute says the Law for Dialogue will serve as a positive step which will give legal character and enforcer of the resolution adopted in the Assembly.

Murati also says that by law, political parties are aiming to make some restrictions on the president's role in dialogue with Serbia.

“Here has a tendency to limit, but also to control as little of the president's role in this process, which is positive in terms of transparency and accountability because, after all, the Kosovo Assembly has no monitoring mechanisms to the president, but there are monitoring mechanisms for a government delegation, and this would add to the level of transparency”, Murati said.

Political talks between Pristina and Belgrade with the ease of the European Union have so far been held at the level of presidents. But from now on, the new team believes it can take over the entire process.

In debates about Kosovo's representation in the final phase of the dialogue, even top European Union officials have recently been involved.

The European Union's High Representative, Federica Moghrini, EU Trade Commission, Cecilia Malmstrom, and EU Enlargement Commissioner Johannes Hahn, have, through paper, expressed their opposition to Kosovo Prime Minister Ramush Haradinaj with statements of the latter, that the dialogue facilitated by the EU has emerged from normal track.

“We strongly disagree with your statement that dialogue has stalled. On the contrary, dialogue developed between the two presidents has marked sustainable progress”, noted in the letter of EU officials. /rel