Asociation Draft-Stutut prepared by German experts

The association of municipalities with the Serbian Majority has been the head of the last ten years in Kosovo. Its nature (with executive competence/no executive competency) has been subject to consideration by many local and international political commentators, and most importantly the Constitutional Court.

For years, and more intensively in last year, Kosovo has been asked to draft a status for Association based on General Principles. No other Kosovo prime minister other than former Prime Minister Isa Mustafa had taken such a step.

So, so far we had the Key Elements of General Principles but not the Drift-Sttut.

The statue, drafted by German experts who have provided the National newspaper ʹ and who is not the only one going around, has addressed the General Principles of the August 25th 2015 Association Agreement without moving by.

It shows in detail how the power of the Serb-run municipality Association will be exercised and how far it goes.

The Constitutional Court had found shortcomings in each of the 2015 negotiating chapters. As Balkans Policy Research Group interpreted, the judges had not highlighted specific languages that violated the constitution, “but that there were provisions in different chapters “that are not fully compatible with constitutional standards””.

Our country has not respected this signed international agreement, calling just in the December 2015 decision issued by the Constitution. But, Serbia has called for full respect of the General Principles. The German expert's fileft-Statute for Association appears to have tried to address both of these requirements.

definition

Even in this German-authored Draft-Sttutut, there is no passage of the term <x0 legal/legality” that had been problematic for the Constitution.

This legal/legal entity could be interpreted as recognising judicial subjectivity of the Serb Majority Communities, which could potentially be problematic for our constitutional order.

The association is defined as follows in Article 1, Point 1 of the Drift-Stitut:

“The Association/Unition of Serb-run municipalities in Kosovo is like a legal entity established in line with the Law on Ratification of the First Agreement and the Constitution of the Republic of Kosovo. ”

This legal/legal entity does not register on any other entities, which can be interpreted as also recognising the legal subjectivity of the Serb majority municipalities.

Consistently, Drift-Statute indirectly receives constitutional character.

Training Complete Watch

As was envisioned with the 2015 Agreement, the Association/United Serb Majority Community Association is required to exercise full oversight of local economic development, education, primary and secondary healthcare, social care, and urban and rural planning.

It was the <x0 wording that fully supervised” in the agreement signed in 2015 that had been particularly problematic for the Constitutional Court.

The document explains each of the areas in which the Association/Uniship will have such a goal.

That the German expert statute has taken into account the Constitutional Court's act of December 23rd 2015, we also learn from one of the points in which they express a controversial attitude. It's about financial transfers from central authorities to the Association of Serb-run municipalities:

“Transfers by central authorities; (VOUS: The Constitutional Court declared this point unconstitutional, but the existing Association of Kosovo municipalities contains in its ongoing provision statute: 6.1. Association property and other funds consisting of 6.1.3 revenues from the central level, local level, and outside. ”

Autonomous unit?

There is also no difference to the 2015 General Principles. The association will have the bodies as follows: “The president of Association/Unity; Vice-President of Association/Union; Council of Association/Unity; Board of Association/Unity; Association/United Ankes Office.

The association will also have its official symbols, including coating and flag. Again, the opportunity is given to four Serb-run northern municipalities to elect the regional police commander, effectively giving the region's character and potentially the character of the country's autonomous entity north.

Meanwhile, it is estimated that the extinction of this legal entity will be done only through its 2/3rd Assembly of delegates participating, which can be problematic and also underagligible reinforces the idea of the autonomous unit.

The funding of association is done by the services that the Association offers, its companies, or the withdrawal of mobile or static assets. But financial contributions are provided, including “from the Republic of Serbia”.

However, all funding will reportedly not be conducted under Kosovo's legal provisions.

There is also the possibility of conflicts between the Government of Kosovo and Association in the future. At Article 1 point 17 it says that in the event of the dispute between the Government and Association resulting from the review of the adoption of this statute, the Government will bring the subject to the Constitutional Court.

Furthermore, the Government is allowed to take the matter to the Constitutional Court for every aspect of the work and functions of Association. On the other hand, constitutional judgments are required to be binding for association.

The following text will be about the problematic and not problematic elements of Drift-Stitut.

Drift-Sttuti in English: