Association and changing the Constitution/ Kosovo risks unitary citizenship, transition to federal state

The whole debate over the formation of the Serb majority municipalities Association has taken fire after the European Union's Special Minister Miroslav Lajcak's statement says: Kosovo's constitution is not bibel and that it can be changed to legally adapt the formation of association.

And that, by experts on the Constitution, is seen as a danger to Kosovo's citizenship and changing the unitary character of the state by thus transforming Kosovo into a federation or a confederation, always if this association gets executive competence.

According to the 2013 and 2015 agreements, the Association of Serb majority municipalities does not expect to have executive competencies and parameters for the same to be formed under the Constitution of Kosovo, but Serbia has additional demands and those demands of Serbia are probably being diagnosed by the European Union.

Constitutional expert Riza Smaka in an interview with news.net has indicated that the current requirement for forming the Serb Majority Commission Association is contrary to the Constitution as long as it is founded with executive authorization.

He considers the formation of this association even unreasonable while there is the Kosovo Communist Association.

The current requirement for forming the Association of Serb majority municipalities is contrary to the Constitution of Kosovo as long as it could be founded with executive authorization on one side and it is unreasonable, because in Kosovo there is an Association of Kosovo Communities. As long as Albanian and other municipalities in Kosovo are majority, as many as are and should be Serb majority municipalities in Kosovo -- that is, members of the Kosovo Communist Association” -- he told news.

Furthermore, Smaca says forming the Association with executive competence would seriously challenge the nature and character of Kosovo's unique state.

Therefore, both against the other municipalities in Kosovo and the majority Serb municipalities in Kosovo are municipalities of the Republic of Kosovo, and as such they would have to join the Kosovo Communist Association and implement their specific authorization. The eventual formation of the Kosovo Serb majority municipalities' Association of Kosovo, along with the existing Association of Kosovo municipalities, would disturb and seriously challenge the nature and character of the unique state of Kosovo, would double municipal associations by causing unjustified budgetary costs even by offering no public service that could currently not be realised in the existing municipalities, as well as the Kosovar Serbs, instead of integration into political society and in Kosovo institutions, to the extent of which it would be considered to suffer in full opposition to the character of the Republic of Kosovo as a citizen, S◯a said also.

Meanwhile, expert Smaka says that in the event of the formation of the Serb majority Communists Association with executive competency Kosovo's unique state would be transformed into a federal-type, eventually conferred state.

If, in the Kosovo political agreement, Serbia would be awarded the formation of the Association of Serb Major Communities, Kosovo from the unique state would be transformed into a composite state of federation character, eventually confederative, and for as long as the state and the citizenship of Kosovo would be severely challenged in the damage to efficiency, efficiency and sustainability. In that form, disorder of the basic principles of the Republic of Kosovo would be caused by the unique civic state in the composite, ethnic and disfunctional state”, Smaka said further.

Asked how the Constitution of Kosovo could be changed and what would change, Smaca has clarified that Article 1 paragraph 1 of the Kosovo Constitution would change to a composite and ethnic state.

“For resolving the spray would require the essential amending of the Constitution of the Republic of Kosovo, especially of the provision of Article 1, paragraph 1 of the Constitution by reshaping the Republic of Kosovo into a composite and ethnic state. Otherwise, the legislative procedure for amendments, modifications of the constitution's not complicated unless the qualified majority is required to vote, as well as political unity at least of parliamentary political parties”, Smaka said.

Smaka further says the political class should reject the idea and concept of forming Association with executive competence on its argument line that it violates Kosovo's citizenship.

Our country's current political background should necessarily be on a unique platform for rejecting the idea and concept of forming the majority Serbian Communist Association in Kosovo, especially not the Association with executive functions. Therefore, each international meeting referred to the Kosovo agreement -- Serbia's political class, respectively, would have to be prepared seriously and supported with groups of real experts, especially the area of the Constitution at the doctrinal and practical level”, Smaka said.

The idea of association with executive competencies in Kosovo has also been strongly opposed by the current prime minister, Avdullah Hoti. He has said such association is contrary to the Kosovo Constitution and that the same will not be established.

On the other hand, this topic has frozen Kosovo's dialogue, Serbia, as the Serbian side insists on extending the issue of association to the table, which is considered closed by the Kosovo side with two preliminary agreements (2013 and 2015).

Lajcak's dismissal from the position he currently exercises as an mediator of Kosovo dialogue has also been requested in Kosovo, with a mandate from the European Union as a Special Minister.