Kosovo-Serbia dialogue final hostage to Association

Recently, the Serbian List has declared that association can only be formed with constitutional changes, while the Kosovo Government insists that the Association can only be formed under the Brussels Agreement, which envisions the assessment of the agreement by the Constitutional Court of Kosovo.

The latter, in December 2015, has found the agreement in harmony with the Constitution at 23 points. For this very reason, the Serbian List seeks constitutional changes.

Political development acquaintance Artan Muhhaxhiri tells Radio Free Europe that association with executive competencies, which the Serb List claims would eventually change the functioning of the state of Kosovo, which for Kosovo authorities is unacceptable. According to him, it is expected that the Serbian side will try to make the most of the benefit from the Association.

It will do its best, at any possible international political level, to insist on its version. However, the fate of Kosovo is that even Brussels opposes such an option, and the continuation of this situation depends on the political will of Brussels, to stop it”, Mujariri said.

The other recogniser of political developments, Randjel Nojrik, former Kosovo Parliament deputy from the Serb community's ranks, speaking of Radio Free Europe, says that, taking into account concrete in opposing positions on both sides regarding forming association, they are misusing the issue.

According to him, based on the principles of the Brussels agreement, the association does not grant Kosovo Serbs great autonomy, but Serbia's authorities are insisting on that.

“They're trying (the Serbian authorities) to find a reason and say, "Here, we've done something, we've fought and we've won something. On the other hand, Pristina is allowing a maneuvering space, in the sense that there are also problems with its opposition, and that this problem cannot be solved simply and in the same way they are dragging on. I think there's a position in a way now, until representatives of the international community don't say enough about this story and that this problem needs to be solved”, Nojjic stressed.

However, connoisseurs and political developments estimate that both sides -- Serbia and Kosovo -- are aiming that the issue of establishing the Association drags up to the final dialogue between the two countries in Brussels, which must be concluded with a legally binding agreement.

Muhramir suggests that the issue of association may be postponed to the very end and included in a final package of agreements that will be legally binding on both sides.

“In fact, Serbia will try to, until the last moment, at least publicly, before its own opinion, to pretend that it is asking for executive competency for association, in order to have a political argument for concessions, which I am expected to do. However, the final agreement will be a large package, possibly to be compared to the Ahtisaari Pacos because, there will be many strategic orientations, which will serve the Kosovo side and the party of Serbia, to regulate and define their relations in the future”, Muhrami stressed.

Even Nojjic, suggests that the issue of forming association will drag up to the final dialogue between Kosovo and Serbia. However, according to him, compromises will be made in the finals, and the issue of association will not be the only one to be considered for compromise.

This is where both sides will seek compromise. After all, that's not the only issue. It is now known to be another major issue that is being widely discussed is the seating for Kosovo in the United Nations Organisation. So all of this will eventually be put into a package for which, in the end, someone more and someone less, everyone will have enjoyed it. But, in fact, nothing important will happen, except what Pristina is talking about, that the association should be formed in harmony with the Constitution and the laws of Kosovo”, Nokjic said.

Formation of the Association of Serb majority municipalities stems from the Kosovo and Serbia agreement under dialogue in Brussels in 2013, while in August 2015, Kosovo and Serbia have been writing the agreement on forming this association, also specifying the way they form.