Association, between Constitution and political negotiations

The management team for drafting the Association statute, which consists of four Serbs, has earlier expressed scepticism that association cannot have competencies if it is formed based on the Constitutional Court's assessments.

Meanwhile, debates have been sparked that the association could be formed through a separate law, which would give the Association important legal competency to establish the necessary independence in relation to the country's central authorities.

Zenun Pajaziti, Kosovo Parliamentary deputies from the ranks of the Democratic Party of Kosovo, part of the ruling coalition, says the idea of a special law on association should be carefully approached and that no one in Kosovo has a mandate to bypass the country's Constitution.

The Constitutional Court has given an opinion and I think that we are all called upon to maintain this opinion. But, the negotiation process, now, brings us to situations in which a possible agreement between the two sides (Kosovo and Serbia) with the mediation of our partners can result in legal and other changes on both sides. I think we haven't come to this yet. We need to leave the negotiation process, the possibility to highlight the requirements, both sides”, Pajaziti says.

Mazlum Baraliu, professor of Constitutional Law, speaking of Radio Free Europe, says that management group requirements for drafting the Association statute are unacceptable because they are in comprehensive compliance with the Kosovo Constitution and despite the country's legislation.

“They want a constitutional law, with which all issues would be regulated, but actually creating a creature, a republic within the republic. So, a quasi-state creature, but it's actually state, with the intelligence and competence of even decision-makers and more than executives, including economic independence within it. There are unacceptable requirements and in agreement with the Constitutional Court's ruling, in which it has concluded that the Constitution has been violated in one of Brussels' two agreements over 23 times. They are also incompatible with the Constitution itself and the laws in power”, Baralius points out.

Professor Baraliu adds that the Serb demand for a constitutional law for association is entirely contrary to the concept of a unitary state, which is in the content of the Kosovo Constitution.

But what if the Serbian side's request in the Brussels dialogue is to form association under a separate law?

MP Pajaziti says the flow of dialogue should not be prejudged.

I've seen the debates, now that these two days have come up, about the statute of Association. I think we should wait for the parties' proposals. I repeat that no one has a warrant in our country to do something contrary to the Constitution. If there is such a proposal, we must enter another new process, a process of constitutional changes. I don't think we're here at this point and I hope we don't come back from the”, Pajaziti says.

But, Professor Baraliu suggests that there is no way to provide space for initiatives or eventual ideas of the management team to be launched for drafting the Association statute or whatever else, for a separate law or constitutional law for association.

Such words, initiatives and proposals for draft status can create realities that in fact endanger the functioning of the Republic of Kosovo as a state and, more so, as a republic and citizens. They risk the equality of citizens and create disbalancing and asymmetrical situations in behalf of someone, that is, favouring the Serb community through this association in this case and discriminating all other communities, minorities and majority”, Baraliu estimates.

The Ministry of Management of Local Power has handed a report to Kosovo Prime Minister Ramush Haradinaj in late June about the work of the management team, which is in charge of drafting the Association statute.

Officials from the Kosovo government have declined to speak about this management team's eventual demands, as well as any recent government responses to those requirements.

Forming the Association of Serbian municipalities from official Belgrade and representatives of Kosovo Serbs is seen as the key issue in talks between Pristina and Belgrade in Brussels.