The delegation's decision reminded Haradinaj of his work, we risk ending up as Bosnia ? Kryeziu's analysis of dialogue

It says: Artina Muchiqi 

The Kryeziu Progress by the Group for Jury and Political Studies, interpretation of the Constitutional Court to declare unconstitutional the law and Kosovo's state delegation for dialogue with Serbia, is inconsistent.

In a brief interview for Periscope, Kryeziu has said he remains the staunch decision of the highest judicial institution instead of making constitutional interpretations, whether someone likes him or not.

Other related information is made of people who don't care about their interests. There is a reason why political parties have demanded that interpretation by the Constitutional Court, for the most part, all parties involved have accepted the verdict and have not rejected it because it has legal burdens. But I think more important than the decision is the fact that what action will be and what the consequences will be after that decision will be, because another reality has been created that some may have refused to accept”, Kryeziu said.

On the other hand, he has summed up the main and immediate results of the Court's decision on the negotiating team.

The first “is the degeneration of the state delegation, while legally defuncting its existence even that as long as this delegation existed, it has not had any leading or significant role and has not been an added value in solving all the problems related to dialogue. It didn't produce compliance. It's broken up the delegation, no more delegations in the form we've known for the past few months. The second one, it has made clear and reconfirmed, and at the same time has reminded the Government that it is responsible for the foreign policy implementation proposal of the Republic of Kosovo, the process in which Kosovo dialogue is part of Serbia. And third, it has eventually created the need to create a political compatibility regarding what should be presented and what should be Kosovo's negotiating position during the future stages of dialogue”, Kryeziu has declared Periscope.

According to him, as a result of the Constitutional Court's decision, there are now only two institutions that have direct responsibility for the dialogue, the Government and the Presidency. But their differences in this process seem to be great.

The Constitutional Court's “decision is the cause of two constitutional institutions that have this responsibility, have the constitutional responsibility to represent foreign policy, and having it clearly that there are deep differences between these two institutions, it is not the only effect of the Constitutional Court interpretation to lower the number of constitutional voices from three to the state delegation, in two, because it has no great weight. But since there is an inexorable need for domestic political compatibility. This compatibility should be broad and include two-thirds of the Kosovo Assembly, we consider it necessary to establish an informal group consisting of members and key persons of the largest political parties, who have only one goal and one responsibility, and it is to create clear negotiating positions, which the government can then present in the upcoming rounds of negotiations. A group that does not have a mandate for negotiations as has the State Team, but a group that has the responsibility to establish negotiating positions that lower the possibility of negotiating territories, which would then have to be introduced in the next phase of the” dialogue, he has said further.

Asked about the prime minister's agreement on his involvement in the dialogue, Kryeziu has said the Constitutional Court has reminded him once again that some state responsibilities belonging to him cannot delegate to anyone else.

It is true that the country's prime minister has proved some of his responsibilities to delegate to someone else, but one thing very valuable from the Constitutional Court's act is reminding the prime minister that the constitutional responsibility stemming from the Constitution cannot be transmitted to anyone else. If the Constitutional Court has reminded the Government that it is your constitutional responsibility, which you should propose and implement foreign policy, then the prime minister cannot delegate this responsibility to someone else”, he said.

Kryeziu, has also been asked about the division of the political scene in the country, and the possibility of creating a group consisting of political representatives who would create negotiating positions that would be presented at the negotiating table.

It is understandable that scepticism cannot be reached with compliance, but if the goal is to win Kosovo from negotiations, it is only one solution, and it is to have co-ordination of negotiating positions between institutions that the Court has mentioned [the presidency government]. Currently, there is an atmosphere of unfavourable powers for such compliance to be achieved, but all members, including political parties, must overcome these differences to offer a common and consensual position, supported by two-thirds of the Kosovo Assembly, because this is important, in order to have the proper Kosovo performance in this” process, he added.

He has also spoken of the possibility of overcoming this stalemate through elections.

If the solution is the elections, then if there is an assumption based that this kind of climate for broader co-operation among political members can be created, then that's the solution. Not because elections guarantee solutions, but under these circumstances, the most sincere effort can be achieved through elections. When there is a change in the political composition of institutions, then maybe this brings more enhanced co-operation and brings consensus to negotiating positions”.

Internal political disagreements, according to Kryeziu, are very harmful to the country.

He even fears the possibility of Kosovo ending up like Bosnia.

According to him, the key goal in these negotiations should be a convenient agreement for Kosovo, because if Kosovo's Bosniakisation is reached, then Serbia's recognition will be of no value.

“Hic away from 9650th when the Dayton negotiations took place between Serbia and Bosnia, Bosnia and Bosnia in those negotiations has been split as Kosovo currently. The president of the country at the time and the prime minister disagreed on key issues, even in some cases they haven't even talked to each other, and I'm thinking that we're all grown up for days about what's going on with Bosnia, what has happened with the Dayton Agreement. Bosnia today is a non-functional state ... This may also be the danger for Kosovo, because the goal should not be agreement, the goal should be a bargain for Kosovo, because if the price for agreement is to have Kosovo's Bosnia, then I don't know what value there is such an agreement that maybe even guarantee Serbia's recognition. Even Bosnia knows Serbia, but how it works there is no agreed decision made between communities there. Kosovo should not have such models because it defunct the state”, he has warned.

Kryeziu has also talked about the secret meeting Haradinaj's people have held in Berlin with representatives of the Serbian state and the presence of internationals.

He has said such meetings produce a very negative effect on Kosovo, especially in the face of the Serb side, which he says are unanimously in negotiations.

“These meetings are not only reckless, but produce very negative effect on Kosovo. In a negotiation process, there is usually one person who is delegated to a position and then that person protects and negotiates that position. It cannot be a matter, like the agreement, that three different institutions go and present different positions. We once had the president of the country charged with treason because he was suspected of holding secret meetings with his counterpart for a deal. Then the state delegation, which has just been dedicated, was established, and went away, and in an unnecessary way held unported and uncoordinated meetings in Brussels, the same thing happened with government representatives who were holding secret meetings with representatives of the Serbian side, in international mediation, without consulting the state delegation. There is a lack not only of common attitudes but also a lack of communication resulting from unfaithfulness to one another. All of this alone harms Kosovo's negotiating position, especially in front of Serbia, which does not face such problems. They have clear attitudes, they present them clearly. The opposition also has there, but it is manageable”, he has declared away.

How was the breakup of the Negotiator Delegation?

Kosovo's Constitutional Court declared Kosovo's law and state delegation for dialogue with Serbia, adopted in December last year, not constitutional. In the Constitutional Court's ruling, which was announced on Thursday (27.06), the “Law on Duties, Responsibilities and Compensities of the Kosovo State Delegation in the Dialogue Process with Serbia is said to be incompatible with the Constitution of Kosovo”.

The two opposition political parties, the Democratic League of Kosovo (LDK) and the Vetevendosje Movement, had submitted the Law for Dialogue in March of this year to constitutionalise, saying dialogue with Serbia could only develop the Kosovo government and no other mechanism.

The Constitutional Court in its announcement says that, <x0-delegation state, which is founded on the controversial Law, is not in advance with the Constitution and is not pre-priced within the form of governance and division of power”.

The state delegation cannot be included in the interaction of division, control and balance of powers, or the power sharing structure, as defined by Article 4 of the Constitution”. Therefore, the Court finds that the “equivalent of the competencies of constitutional institutions to the special mechanism established with the contrary Law is intervention in exercising the competencies of the established institutions with the constitutions and is not in accordance with democratic values and rule of law, defined with Article 7 of the Constitution, because it puts on the state office delegation, which does not comply with constitutional provisions”, the Constitutional Court announced.

The immediate reaction was to one of the co-chairees of the state dialogue delegation with Serbia, Shpend Ahmeti. He said he accepts the Constitutional Court's decision and that tomorrow he will submit his resignation from this Kosovo Assembly task. Shpend Ahmeti is also president of the Social Democratic Party, which has 12 deputies in the Kosovo Parliament.

The Social Democrat Party accepts this decision and will act on it. Consequently, members of the state delegation from the PSD ranks are now stopping to serve in this body. We entered the delegation on the condition that the delegation has competencies. Since they are no longer, then our position in the delegation is without any legal significance”, Shpend Ahmeti wrote in his account.

Even Kosovo Deputy Prime Minister Enver Hoxhaj, who comes from the ranks of the ruling PDK, said his party would respect the Constitutional Court's decision.

“We will respect the Constitutional Court's decision on assessing the constitution of the Law for Duties, Responsibilities and Compensities of the Republic of Kosovo State Delegation in the Dialogue Process with Serbia. ”

From the beginning, The PDK has believed that Kosovo has legitimate institutions to lead the dialogue process by respecting the country's Constitution. We continue to believe, however, that political consensus is needed to reach the final agreement with Serbia that would end with mutual recognition and seating at the UN”, Deputy Prime Minister Enver Hoxhaj wrote in his account.

Meanwhile, LDK parliamentary group chief Avdullah Hoti, who along with Vetevendosje sent the law for dialogue to constitutionalise, says today's decision by the Constitutional Court only confirms that the LDK has said since the adoption of the law that “dialog should be guided only by legitimate institutions according to the constitutional competencies that have those institutions”.

Kosovo has been greatly damaged by the PAN coalition's unconstitutional deals. In all actions the Government has taken in terms of dialogue has made constitutional violations:

The violation of the Constitution is the draft resolution adopted in Government, where dialogue passes to the president.

The violation of the Constitution is the platform of the dialogue approved in the Parliament,

The violation of the constitution is the law for dialogue”, the chief of the LDK parliamentary group wrote in his report, which demanded that Kosovo's government, besides the dialogue team, resign.

Even the Vetevendosje Movement requires the government's resignation and extraordinary elections, countering, as President Thaci's representation in dialogue with Serbia.

The Constitutional Court has argued that the Government has constitutional intelligence, Kosovo's president cannot represent Kosovo in dialogue with Serbia, while the only solution is extraordinary elections. We have rejected President Thaci, the way this dialogue went with Serbia. In these circumstances where we have a president who has constitutionally led the dialogue, and the prime minister who refused to take over his competencies, the only solution is to go to extraordinary elections”, says Vetevendosje's response.

And for his part, Kosovo President Hashim Thaci, who since the break-up of dialogue with Serbia now and several months has represented Kosovo alone at forums and several meetings with Serbian President Aleksandar Vucic, said Kosovo's “constitution is the guide in every step towards strengthening Kosovo's citizenship”.

The only “No one can take the burden of resolving a century-old conflict with Serbia, so I have always appealed for political unity in this very important process for our country and citizens, President Thaci wrote. It further invites, that “complying with the Constitution and political will, the heads of institutions, the political leaders of all subjects... be united in the process of dialogue on reaching peaceful agreement, which opens the perspective of Kosovo's integration and ends isolation and stagnation”.

Kosovo's law and state delegation for talks with Serbia, following very severe debates, were adopted at the Kosovo Assembly in December last year. Kosovo Deputy Prime Minister Fatmir Limaj and Social Democrat Party Chairman Shpend Ahmeti were at the helm of the team.

In the dialogue law, parts of a platform for dialogue were included, with Kosovo's red lines defined in talks and resolving all open issues with Serbia, Deutsche Wille wrote. Authorities in Belgrade have described this platform that defined red lines in dialogue with Serbia as the end of dialogue, while continuing to condition the resumption of dialogue with Kosovo with the removal of the tax imposed by the Kosovo government on Serbia's products.

However, Serbia's diplomatic activity against Kosovo and, in response, the Kosovo government's tax on Serbia's products, are the two factors that led now and several months to halt the Kosovo-Serbia dialogue. These developments also canceled the Paris meeting (the continuation of the Berlin Summit), scheduled to be held on July 1st in Paris. It would only talk about the possibility of reaching a Kosovo-Serbia agreement that would improve reports between the two countries.