Kosovo-Serbia dialogue process on the verge of deadlock

According to them, Serbia is continuing to insist on reopening the issue of Association of Serb majority municipalities, while the Kosovo side has already declared that this is a closed topic and that it will not be discussed.

The European Union, which brokers dialogue between Kosovo and Serbia, has expressed its position, saying that the Kosovo Constitutional Court's opinion should also be taken into account in implementing the Agreement on the establishment of the Association of Serb majority municipalities.

However, connoisseurs of political developments have differing views regarding the created situation, which for now questions the further continuation of the dialogue process.

Vela: Kosovo side tactics

Political affairs analyst Imer Mushkolaj tells Radio Free Europe that dialogue is not the interest of only one side, and both sides -- Kosovo and Serbia -- have deliberately tried to enter the process.

But, according to him, there are currently clear trends for blocking dialogue on the part of Serbia, and that such trends are forcing Serbia's demand every day and more for the issue of association to be negotiated again.

“I believe that Kosovo should not be released just because Serbia is seeking to establish association as a condition for continuing dialogue. Kosovo has issued property in the case of tax removal (to Serbia's goods), when Serbia blocked the process and said it would not continue without the removal of the tax”.

“Why should Kosovo constantly give in to Serbia's demands and at the expense of itself? So Kosovo should make clear to the European Union that it establishes association, based on the Constitution of Kosovo, but not at all on Serbia's request, an association with executive competency”, Mushkolaj stressed.

But, political affairs analyst Blerim Vela, estimates that the Kosovo side's stance not to negotiate within the framework of the dialogue in Brussels for association is to reflect the reactions of key political actors within the country, to the issue.

The Kosovo government, according to him, has been in a poor position because of the lack of clear support in the assembly, but also negative responses following Washington's agreement.

“The failure to reach the final agreement (in Washington) has prompted it (Kosovo government) to change strategy and a new tactic, saying that the final agreement first be reached and then discuss the remaining open issues with Serbia. In this direction, the Government of Kosovo is trying to re-discuss the issue of re-discussing association, which is one of Serbia's demands, to postpone it for later”.

“Of course, given the Serbian side's stance it could push towards blocking the negotiating process, if the middle side, in this case the EU, does not take concrete action on what the process will look like in the future”, Vela stressed.

Statement crash

Kosovo's stance regarding the Association has reassembled on Friday, October 2nd, Prime Minister Avdullah Hoti, as well as in Tirana, following the joint meeting of the two governments of Kosovo and Albania.

“The association of Serb majority municipalities is the closed topic with the 2013 agreement and the next principle agreement, in 2015, where the constitutional standards that the Association statute must be in line with the Constitution of the Republic of Kosovo. The Serbian side has also been hired, Hoti said.

But, Marko Djurovic, director of the Office for Kosovo in Serbia government, has said on October 1st that Hoti is mocking the EU and Belgrade, and that “is impossible to imagine any substantial progress in dialogue (between Kosovo and Serbia) until the Association of Serbian municipalities is formed with all the competencies agreed on”.

On September 30th, the European Union's stance has clarified its spokesman, Peter Stano. He has stressed that “is up to Kosovo to propose how to move forward, with implementation of the 2013 and 2015 agreements taking into account the Constitutional Court's opinion”.

Mushkolaj: Pressure on “bite”

However, connoisseurs and political developments estimate that the European Union will strive for the process of dialogue between Kosovo and Serbia not to be blocked.

Analyst Mushkolaj emphasises that up-to-date experiences have shown that when the controversy in the dialogue process of pressure has been oriented towards Kosovo and can likewise be expected again.

All pressure goes to the weakest. In this case, Pristina, the Kosovo delegation, is the weakest, given the history of dialogue when Kosovo is usually the one who has been released. So, I expect that there will be pressure, but I believe it is the time and moment of the end for Kosovo to make it clear that at this point it doesn't release and reason for Brussels why it always needs Kosovo to give up, while Serbia is constantly benefiting”, Mushkolaj stressed.

Analyst Vela suggests that if it comes to the overall stalemate of dialogue, then the causes should be addressed.

According to him, one of the causes is the Kosovo side's claim to first have a framework of the final agreement, and this should be taken into account by Brussels and Washington and then, to discuss other open topics, such as the Association.

But that depends on the pressure and priorities that will have EU diplomacy or key states within the EU and the US in the coming weeks. It seems that, especially from the American side, there is no longer any pressure on the parties to push ahead to reach the final agreement. The very fact that there may be pressure from the main mediators, then allows space to suggest that maybe we will have a phase again where there will be a halt to the negotiator process”, Bela said.

In 2013, Kosovo and Serbia, under the dialogue mediated by Brussels, had reached the first Brussels Agreement, where, under this agreement, the establishment of an Association/United States of Serb Major municipalities was provided.

In 2015 the parties reached agreement on the principles of this association.

This agreement was sent for interpretation at the Constitutional Court of Kosovo by then Kosovo President Atifete Jahjaga.

In the act issued in December 2015, the Constitutional Court estimated that the Agreement for Association at 23 points is not in harmony with the Constitution of Kosovo.

The Constitutional Court had found that the judicial act of the Government of the Republic of Kosovo and the statute that applies principles to comply with the spirit of the Constitution must meet constitutional standards.

But, so far, Serbia has refused to form association based on Kosovo's Constitutional Court assessments. Recently, she has demanded that this topic be renegotiated at the dialogue table in Brussels.