Thaci can make any agreement with Serbia without its ratification in Parliament

The judiciator and one of the participants in drafting the Constitution, Riza Smaka, rules out any possibility that the final agreement with Serbia, if eventually achieved, will only be considered completed after the president's signing, without being ratified by the Assembly of Kosovo. “Agreement or border issue is expressly exponentially defined as jurisdiction, competence of [...]
The “Agreement or border issue is explicitly defined as jurisdiction, the competence of the Assembly, so there is no possibility that any deviation would be made not to be ratified by the Parliament of the Republic of Kosovo”, Smaka said in a proposal for Online Economy.
The Constitutional Court has no authorization to formulate provisions except to provide meaningful explanation of the existing provision. It is expressive, so it does not come into expression nor can it come to the expression”, he added.
President Hashim Thaci's request for the interpretation of Article 18 of the Constitution, which defines the manner of ratification of international agreements, has surprised Smaka, as he estimates this provision is completely clear and there is no need for additional clarification.
According to this article, the Assembly of the Republic of Kosovo with the votes of two-thirds of all MPs ratified international agreements on several issues and, above all, on territory, peace, alliances, political and military issues.
The former member of the Commission for drafting the Constitution, Smaka, has said that now the Constitutional one has nothing to clarify, since everything is clearly said by the Constitution.
“ ...to me it's a little bit surprising why she asked for as long as that provision is completely clear and according to her disposition the law has been passed”, Smaka estimates.
“There is a law application for the ratification of international agreements, so I don't know what the Constitutional Court has to say now except what has been said in the Constitution, more specifically, in the Law on Ratification of International Accords”, it is expressed.
At the time when it is being said that the time of reaching a final agreement between Kosovo and Serbia has approached, Thaci has asked the Constitution if international agreements signed by the president are considered to be ratified, without even taking them to the Assembly, and without the approval of MPs.
Kosovo president has presented his idea for uniting Presevo, Medvedja and Bujanovac with Kosovo, through the process he calls “border correction” with Serbia.
Thaci has denied the possibility of granting in exchange Kosovo's northern municipalities or rich resources such as Gazivoda Lake or Trepca.
Commenting on this possibility, Smaca says that the association of the Presevo Valley would be ideal and very desirable.
That is because, according to him, Albanians in that part of Serbia have no right whatsoever, but estimates that, however, it is a matter for which the two states should agree.
Smaka sees it necessary for Serbia to first recognise Kosovo as an independent state, and then discuss border correction or other issues.
Before that happens, according to Smaca, all discussions about these issues are for political consumption.
“Before Serbia recognises Kosovo for an independent state, these are just the daily political bubble that can be launched for specific purposes. For today, Serbia considers Kosovo an integral part of it, Serbia, with its hegemonist Constitution Kosovo, a district. Serbia must recognise Kosovo and then develop these political processes that could be in this version, that option, and”, Smaka stressed.
He believes that the Serbian state has no choice but to recognise Kosovo's independence, because it estimates that the European Union does not accept as members countries that have open issues and problems between themselves.
Smaka has called for the issue of the missing, rape, damage, Kosovo's property in the former Yugoslavia to be addressed in the rest of the dialogue with Belgrade in Brussels.
In fact, he's expressed himself on the map of all the participants in the dialogue since declaring independence, why these topics have not been discussed so far.
This is a very sensitive and sensitive topic that I see for a great deal of verse comes from the prime minister's first proclamation of independence to this day. This is a matter without which we can't be discussed any further. It would not be necessary for Kosovo authorities to make concessions at this point, it should be that the precondition of all preconditions this”, he said.












