Through Association to autonomy

According to them, the Brussels Agreement for Association envisions an executive autonomy and competency in specific areas, which later Kosovo's Constitutional Court, in December 2015, had assessed at 23 points not in line with the Constitution. The Constitutional Court assessment is also part of the Brussels Agreement.

Politologist Ramush Tahiri tells Radio Free Europe, that the Serbian List has a clear goal that Serb majority municipalities have established a link to municipal bodies that they represent through Association and no longer have access to the central government.

“The municipality balance (of Serb majority) is a kind of autonomy. There can be nothing else, because even the municipality itself is a kind of autonomy at the local level. This does not mean that it is bad or good, but it is. In Kosovo, the Constitution remains to be respected and changes made by agreement. But, not that changes in the Kosovo Constitution are made outside the function of the character of the state of Kosovo and are made by implantation because of someone's mistake or because of the agreement in Brussels because it is a bilateral agreement. It is not the international convention that imposes Kosovo. Kosovo must impose the Constitution and law”, Tahiri stressed.

Meanwhile, political affairs analyst Imer Mushkolaj, speaking of Radio Free Europe, has initially recalled statements by Kosovo President Hashim Thaci, who the day before spoke of a more affirmation of the Serb community in Kosovo. It links this statement with the demands of the Serbian List for the need for constitutional changes to form association.

“President Thaci has recently cited, as compromise in the agreement that will be reached with Serbia, as he has said the Serbians' most affirmation. I believe it's only about some kind of autonomy. The association, such as what is supposed to be created in Kosovo, cannot function, respectively, has no place in the current constitution, in the current constitutional rule. So whatever it is called, either Asociation or another name, it's not shaped but content. For me, it would be a kind of autonomy”, Mushkolaj said.

However, according to politicalologist Tahiri, even if in any way constitutional changes are initiated for the formation of association, Kosovo Assembly deputies will not be able to accept the implementation of the Brussels Association Agreement in the form Serbian List aims at. That is because, according to him, there is already a Constitutional Court decision that this agreement on 23 points is not in harmony with the Constitution of Kosovo.

The plant will be extended and targeted to become a compromise, which is perfectly normal. But, all this compromise will take place in the Kosovo Assembly and not in the Government of Kosovo, because they have to pass the changes through the Kosovo Assembly. As the statute is adopted by the Community of these municipalities, the issue of Association, which affects the core of the state, cannot go through the Assembly. There is no other organ that dares to approve, if it is contrary to the Kosovo Constitution. And it's in conflict at 23 points, and that's what the Court's (Containing) ” ruling has said.

But analyst Mushkolaj shows fears that the Parliament's deputies will undergo certain pressures to enable constitutional changes, which will be compromise towards a final agreement on normalising relations with Serbia.

Under the necessary changes to the Constitution, the association cannot exist as such according to the request of the Serbian List. It can only exist if it is a nongovernmental organization. And we all know it's not a non-governmental organization. I believe that there will be ways for these legal and constitutional changes to be made as easily as possible. Remember, when it comes to such changes, there is also pressure that may come from inside and outside. We will be obliged, on behalf of a compromise that should be reached, to allow association to be accommodated as another level of governance”, Mushkolaj stressed.

However, the Serbian List has stated that constitutional and legal changes represent the only “approach for the Association of Serb majority municipalities to be formed just as the agreement has been reached in Brussels”. They believe that everything else means renewed procrastination and problems. (REL)