The AKS executive co-ordinators endanger the Republic until collapse

For the formation of the Association of Serb majority municipalities, whether under the agreements in Brussels, 2013 and 2015, whether on the assessment of the 2015 agreement by the Constitutional Court of Kosovo, legal and constitutional changes may be needed, they assess the connoisseurs of political developments and constitutional legal issues.

Politologist Ramush Tahiri tells Radio Free Europe that the Association or Community of Serb Majority is meant to be a co-operation and co-ordination of specific work that these municipalities have, work, which connects with the specific rights of the Serb community in Kosovo and co-ordination of specific activities.

It is understandable that any change that leads forward and is not going back, as well as not changing the character of the state, but progresses local governance, democracy in the country and decision making, follows changes in the law and the Constitution. No change of law and constitution can be judged, for any change is made willingly, with understanding, and depending on the goals they are trying to achieve. There is no reason here for politicising issues or for misunderstanding”, Tahiri said.

Mazlum Baraliu, professor of Constitutional Law, speaking of Radio Free Europe, emphasises that based on the Ahtisaari Document, on which Kosovo's independence was declared in 2008, as well as on the current provisions of the Kosovo Constitution, the Association of Serb majority municipalities can be formed.

But, according to him, it can be done without executive power or a third power, which, he says, is being claimed by the political representatives of Serbs in Kosovo and the Belgrade authorities.

“Linked to two 2013 and 2015 agreements in Brussels, unfortunately, according to them, as those maximum responsibility agreements were signed, then it would definitely have to have the Constitution changed and fulfilled. But it should not be accepted in any way that no intelligence or statute, which is being prepared by a certain group of people, to have executive intelligence and competence”, Baraliu points out.

On the other hand, official Brussels expects the Kosovo side to draft the Serb majority municipality Association statute in the deadline until 4 August.

Political representatives of Kosovo Serbs and Serbia's authorities insist that the Association have executive competencies.

Politologist Tahiri says the 2015 Brussels agreement envisions executive competence for association, but the Constitutional Court's decision, as well as December 2015, has given remarks about the specific provisions of the agreement, which are not in harmony with the country's Constitution.

“Today, the statute of Association will be in line with the Constitutional Court's opinion, and depending on that decision changes will be made in the law and in the Constitutions. While executive rights, themselves are not bad if they are in line with Kosovo's central power, if it is not the intention to create a new entity”, Tahiri stressed.

Professor Baralius, however, suggests that association should have no executive competence.

Otherwise, the whole idea and concept of the Constitution of the Republic of Kosovo will fall into water, because if it does otherwise, as Belgrade is assuming in this case, then it turns out that the current Republic is taking risks, until defunctionalisation and undoing”, Baraliu said.

However, forming the Association of Serb majority municipalities is considered the main issue stemming from dialogue with Kosovo in Brussels. On the other hand, Kosovo President Hashim Thaci has stressed that the final phase of dialogue with Serbia will be concluded with a legally binding agreement, which will therefore require constitutional changes in both countries.