EU: Association established under Kosovo Constitution

The European Union has clarified that its position remains that all agreements reached in the dialogue between Kosovo and Serbia must be implemented, and that the Kosovo Constitutional Court's opinion should be taken into account in implementing the Agreement to establish the Association of Serb majority municipalities.

The “is up to Kosovo to propose how to move forward, with implementation of the 2013 and 2015 agreements taking into account the opinion of Constitutional Court”, said EU spokesman Peter Stano when asked that the “a should apply the agreement to create the Association of Serb majority municipalities on the basis of Kosovo Constitutional Court”

Earlier, Stano had said that Kosovo with these agreements has made good will obligations and must stick to those obligations.

“The EU and member states expect the parties to implement all agreements from the past. Issues opened by previous agreements should be addressed in parallel to the ongoing negotiations on the comprehensive agreement”, Stano said, as he answered questions about whether the parties will talk about creating association during talks in Brussels.

“Association is a tool established in 2013 to address the needs of the non-Serb community in Kosovo. As part of negotiations on the comprehensive agreement, it is essential to generally address arrangements for the non-US community. In 2013, Kosovo has entered into agreements to establish the Association of Serbian municipalities. This agreement was made by will in confidence by all parties involved. It's never been canceled or withdrawn. In fact, the 2013 agreement has been ratified in the Kosovo Assembly with the majority of 2/3 votes. By doing so, Kosovo has taken international commitment to implement this agreement”, the EU spokesman has said.

The EU spokesman, expressing the European bloc's stance, has added that “is up to Kosovo to propose the way forward to implement this” agreement.

Stano has said that the Constitutional Court's <x0-veisation regarding association has been regularly misinterpreted”.

The trial never said that association could not be established. Therefore, we expect Kosovo to respect the commitment it has taken over in the dialogue. The issue of arrangements for the non-US community - Association should be addressed as part of the comprehensive agreement, as leaders had agreed at their first meeting in July 2020 and confirmed in the last round on September 7th”, Stano said.

Establishment of the Serb majority municipalities has become the subject of objections between Kosovo and Serbia. While Belgrade has insisted that this topic be discussed in dialogue and that it be implemented as soon as possible, the Kosovo side has refused such a thing. But, Belgrade has also voiced disagreement on proposals that the Association be founded on the decisions of the Constitutional Court of Kosovo. Even at the latest meeting of Kosovo and Serbia at the expert level in Brussels, Belgrade conditioned the continuation of dialogue with the issue.

In April 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 Cities was provided.

Under the deal, the association will be established by statute and established on the same grounds as the existing Association of Kosovo municipalities statute, such as mayor, deputy chairman, Assembly and Council.

In 2015, but within the Brussels dialogue, the parties reached the Agreement on Principles to Establish This Association, which has not yet been experienced, despite the official Belgrade's insistence.

In October 2015, this agreement was sent for interpretation at the Constitutional Court of Kosovo by then Kosovo President Atifete Jahjaga.

The Constitutional Court, in the ruling issued in December 2015, said the Agreement for Association on 23 points is not in line with the Kosovo Constitution.

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

In fact, it is questionable that the association is not based on multiethnicity, but unites municipalities in which an ethnic community is the majority. There are a total of ten Serb-run municipalities in Kosovo. / REL/