12 minutes agoSKANDAL: Zajednica document allegedly prepared by Lajcak for Kurti
Periskopi(5 years ago)
(5 years ago)It seems that Prime Minister Kurti has no easy part in the Dialogue Process with Serbia. Currently, the issue of “Zajednica” or the Association of municipalities with the Serbian Majority is expected to be the head of his meeting with Vucicin. Meanwhile, another document has now emerged. Express has provided a document that, according to sources, [...]
Express has secured a document that, according to sources, was drafted by the EU's emissary Office for Kosovo Dialogue Serbia, Miroslav Lajcak, in which possible options for specific points related to the establishment of the Serb Major Commission Association. This document, titled “Opsies possible in terms of the establishment of the Serbian Majority Community Association”, has been sent to the Government of Kosovo, which is headed by Prime Minister Albin Kurti.
Periscope does not take responsibility for the accuracy or the indiscretion of this document and this information.
Options have been given on how to proceed further with the establishment of Association, taking into account all developments that took place, and the Kosovo Constitutional Court's decision regarding Association.
“In particular, the statute for Association should repeat the conditions for the “expanded operations” for Serb majority municipalities that are included in the Law.
(i) Association components should include clear authority for the establishment of five types of co-operative agreements regarding paragraph 9 and 14 of the Law for Inter-Communal Co-operation. There should be a further review of a joint public institution, as a form of this model can serve as the main form of co-operation within the Association.
(ii) The selection between “riches” and “ification” of full oversight could be avoided through the establishment of a different construction. The association can provide “to implement “full supervision in terms of the competencies of its member municipalities for economic development, education, health and rural and urban planning (as well as for “cultural issues such as the law on local self-government, while there are full supervision of policies and activities of central authorities and other municipalities in these” areas, it is said in a document where three options are listed.
Deputy Chairman of Association to Be of Non-Multiary Population within Association
Options have also been provided in this document about the creation of the organisational structure of Association and Administration.
The “Law and the statute for establishment of Association could effectively provide administrative labor power that would reflect the diversity of the population of association, and that also exponentially could maintain the fundamental constitutional principles of equality, not discrimination and pluralism (or that in an experimental way would not deviate from the current constitutional protections of minorities, including those offered in Article 62. The law or statute for establishing association could also expand existing constitutional protections at the municipal level (Nani 62) for association itself. Thus, it can be determined, that the planned Vice President for Association will be elected by the non-resident population of Association and toʹte given the same responsibilities that they currently exercise in municipalities only “Under the chairman of the Municipal Assembly of Communities” (see Article 62, Constitution of the Republic of Kosovo)”, said among other things in the document.
If the police commander in a municipality within the Association is from the Serb community, the deputy commander must be from the non-Serb minority
In addition to this document, it is said that it should ensure that wherever a municipality under the Association is a police chief from the Serbian community, then there will be a deputy chief chief of non-Serb minorities.
When talking about this part, it is cited how in the 2013 Brussels Agreement, four mayors of northern municipalities are required to present the candidate list (Serbs) for regional police commanders to reflect minority representation, until they stress that the General Principles does not address the concerns of the non-Serb population within the Association at all.
The 13th point of principle actually removes the 9th part of the Brussels Agreement, which says that the “composition of the Kosovo Police in the north should reflect the ethnic composition of the four municipalities (a guarantee for minority representation). It is not clear why the Agreement for General Principles has not included such a key provision of the 2013 Brussels Agreement. The decline of this would make sense and perhaps help remove the denial that has emerged because of the Agreement on General Principles”.
When it comes to legal capacities and membership, it says that “The statue may further explain that association is a legal entity, which can form other bodies (as under the Law on Inter-Communal Co-operation), some of which (e. Joint public institutions, a joint public enterprise, may also have legal bodies. i) The statue should make it clear that any of the Serb majority-appointed municipalities would rightly be a member of the Association, if the municipality had not voted to withdraw. The statue could show that a majority of the Association Assembly could approve the membership of any other non-Serb municipality”.
Tʹi allowed Association right to comment on Laws in Kosovo Convention
In addition to this document, it is said to have to allow association to comment on important legislation through proceedings at the Kosovo Assembly.
Legislative assemblies usually allow such proceedings by interested parties, and it is expected that Serbian deputies in particular will encourage such proceedings by the Association”.
The document also concludes that the “Brussels Agreement, the General Principles Agreement, the Court decision, and Kosovo's laws for local self-government and inter-communal co-operation provide a considerable space for the development of the Association statute. A resolution would require a kind of creativity, but also good will between the” parties.
Association can be established without statute, within the legal framework exitutes
It also stresses that the problematic issue will be the tendency of each municipality for “Final legal support”.
The “An association built in this way could take joint co-operation activities with many parallels with regulations set out in the Kosovo Law on Inter-communication. A Statut could ensure recognition of the diversity and representation of minorities within the Association. Even without a statute, an association can be created within the framework of existing law”, the conclusion part says.
