Albanian Post: Franco-German proposal forces Kosovo to establish association, Serbia acknowledges Kosovo's existence

The proposal ) has the appointment agreement “The Base Agreement on the status of reports”, has a total of nine articles, and the main ones are based on the United Nations Organisation card, which regulates interstate reports. In this writing, Albanian Post refers to one of the first working drafts.

The following will explain some of the dynamics that have occurred or may occur on the rise.

The important part of the deal, perhaps the most important part, is its preambulla.

It explains the basic principles on which the agreement is built. The main principle is that this agreement does not intervene in the way the contracting parties see each other, then there is the principle that reminds the parties of their obligations to peace and security, the principle of respecting borders or divide lines, and the principle that this agreement aims to create conditions for co-operation between the two sides, as something of interest to ordinary people, both in Kosovo and Serbia.

The vast majority of the deal, as Albanian Post had reported, is built by the 1972 two-German model, by reconciliation called the Base Agreement.

Chancellor Olaf Scholz's Germany considers that German experience, in managing a very sensitive issue for the second world post-war Germans, cannot be dismissed by either side.

Of the nine articles currently containing the agreement, the first article says that “Kosovo and Serbia will develop normal relations of good neighbourly relations with each other on the basis of equal rights”.

This article is very important, it presents the basis of all logic behind the proposal. Article, which was taken from the basic agreement between the two Germanys, represents a value, but also the condition, that the EU, but especially Germany and France, have placed on Kosovo and Serbia.

The position of these two states is firm, regardless of how they view each other, Kosovo and Serbia should respect each other and behave like good neighbours.

These values and this condition are also high on the guiding principles of the Berlin Process, which has already evolved into a serious and insurmountable process for the countries of the region, as well as on the principles of the European Political Community (EPC) that will soon be experienced.

The second article of the agreement is its next essential article, through which Serbia acknowledges Kosovo and its existence as an equal actor in common relations.

Kosovo and Serbia will be guided by the goals and principles embedded in the United Nations Charter, in particular by the sovereign equality of all states, the respect of independence, autonomy and territorial integrity, the right of self-determination, the preservation of human rights and non-discrimination”, says in this article, which is also referred to by Chief Prime Minister Glauk Konjuca when explaining some details of the agreement days ago.

Article three again has reference to the UN card.

“In line with the United Nations Charter, Kosovo and Serbia will resolve their differences exclusively with peaceful means and refrain from threatening or using force”, is stated in this article, then continuing with one of the most important parts of the document, “They (pains) reaffirm inefficiency now and in the future of the border/separative line that exists between them and take on full respect of their territorial integrity”.

All three of these articles, Serbia has assessed them as problematic because, in their assessment, these articles pave the way for Kosovo for immediate UN membership.

According to AP sources, in the process, international mediators have expressed willingness to make changes only in Article 2 and 3, where references to the UN card, and other principles stemming from this charter, to be replaced by reference to principles for EU membership.

The AP sources recall that the EU functions on the principle of equality among member states, while the Copenhagen criteria are equally valid for all states that aspire to membership.

For recalling these criteria include a stable democracy and rule of law, a functioning market economy and the acceptance of all EU legislation.

The transition in reference to EU membership gives Brussels great autonomy in managing the process, as well as indirectly imposes all member states. The AP sources recall that this plan is not only Berlin and Paris already, but is also the European Commission's plan.

Sources claim that the transition in reference related to EU membership defines the Kosovo issue as an issue within Europe. According to AP sources, references to EU membership are essential because these strip parties of empty rhetoric.

Kosovo and Serbia cannot claim membership in the EU as their strategic goal and at the same time reject references to EU membership.

The same sources claim that Chancellor Olaf Scholz and President Emmanuel Macron have shown understanding to certain sensitivities in Belgrade, so they have allowed the possibility of softening the tongue, but this softening in no way means that Chancellor Scholz and President Macron will give up their fundamental position that Serbia cannot join the EU without finally resolving, politically and judicially, the issue of open with Kosovo.

This position, in any way, must be involved in the agreement, otherwise it's all just inconsistent and just confirmation of the current status quo.

According to AP sources, Serbia could easily get out of this situation simply by declaring they give up EU membership.

After this statement, Germany and France would withdraw from this proposal, meanwhile, the European Commission would launch the secession procedures of all contractual reports between Serbia and the EU, which have emerged as a result of Serbia's EU application process.

The AP source asks: Can Serbia do that? So to give up EU membership, which also means the huge funding and assistance you get from Europe? Of course not.

But that also means that Serbia cannot continue to pretend to want EU membership, receive funds and assistance, and at the same time reject the compromise they offer to the two largest EU states.

According to the AP source, Serbia must make a major, courageous and decisive decision for its European future.

To give up EU membership, therefore much needed assistance for Serbia, or to start the path towards compromise being offered.

Article four is also one of the important parts that present the basis for the further integration process for both sides. It says “Kosovo and Serbia proceed away with the assumption that neither of the two sides can represent the other internationally or act on its behalf”.

Through this article Serbia can no longer stand in the way of Kosovo towards the EU, including to campaign against Kosovo in the five non-recognitional states, as well as prevent Kosovo's membership in the Council of Europe.

The AP sources recall that membership in the Council of Europe is the fundamental precondition towards membership in the European Union.

Article five addresses the issue of security in the Balkans and it is said that “Kosovo and Serbia will promote peaceful reports in the Western Balkans and contribute to regional security and co-operation in Europe”.

Article six, which clearly states that “Kosovo and Serbia continue with mutual respect for jurisdiction of each side” paves the way for Kosovo and Serbia to overcome many practical problems.

One of the most volume articles is Article seven, which defines reports and co-operation between the two countries. This article is a logical continuation of Article 6.

Kosovo and Serbia express their readiness to fix practical and humanitarian issues in the process of normalising their relations. They will link agreements with the aim of developing and promoting co-operation in the fields of economics, science and technology, traffic, judicial relations, posts and telecommunications, health and health, culture, sports, environmental protection and, on the basis of this agreement, and for their mutual benefit. Details are agreed on the Spuplary Protocol”.

By accepting each other's jurisdiction, Kosovo and Serbia can link many other agreements, similar to those for ID cards. According to the AP source, the current agreement for ID cards remains overall within Article 6 and Article 7, and this model can be applied in all other areas.

Currently Kosovo and Serbia have reciprocal relations only through liaison offices that have minimal and completely technical function, so this agreement is affected even this important part and determined that “Kosovo and Serbia will exchange permanent missions”.

Article eight also stipulates that “they will be placed at the government's respective headquarters. Practical issues related to the establishment of missions will be dealt with separately”.

About this point the AP reported earlier in a particular scripture.

The last article, Article nine, currently represents the most problematic part of the agreement on Kosovo.

That's because it's estimated that this agreement doesn't affect those precautions, even those related between Kosovo and Serbia, what it means to implement any agreement or reconciliation previously linked.

Kosovo and Serbia agreed that this agreement does not affect the treaties and international bilateral and multilateral agreements previously related to them, says Article nine.

According to the AP source, this article could undergo changes and have a more accurate and direct reference to earlier agreements, but essentially it doesn't change anything more.

Immentation of preliminary agreements is in proportion to symbiosis with the deal envisioned with the Franco-German plan.

The issue of association is essential for mediators. The refusal by Kosovo, regardless of who is in power, to implement this agreement lowers the credibility of the mediators.

Furthermore, it creates room for Serbia to flee its obligations, including the need to accept the Franco-German plan. According to the AP source, refusing to start talks on implementing the Association Agreement, Kosovo itself is creating maneuvering space for Serbia.

According to the AP source, the mediators insist on launching talks on implementing the Association Agreement, as well as on Kosovo's full co-operation, emphasis here on the demand for delaying the decision on license plates so that Serbia can be stripped of all arguments currently being used in an effort to escape the Franco-German plan. So, according to the AP source, Kosovo should not, by its actions, as far as they are seen as right, give away Serbia's alibi.

The deal will have to have another article, which is formal and shows that the two countries are agreeing to reach that accord. AP sources claim this article may not be included at all.

It is very possible that the parties will not be obliged to ratify the agreement in the respective parliaments, but to enter into force simply as pledges.

By corresponding the agreement as an inside European issue, its implementation will turn into an insurmountable condition towards EU integration. According to the AP source, this binding treatment by the EU turns the agreement into legal obligation for both sides, despite lack of ratification in respective parliaments.

The AP sources state that in this process the most important part is the spirit of the agreement and the way it is interpreted by mediators, in this case the EU.

However, this basic arrangement does not end altogether.

For numerous and extremely important details, reconciliation must be reached in another document that is defined even in Article seven.

“Details agreed on the Supmentary Protocol”, points to this article.

The supplementary protocols are specific about practical issues currently weighing the reports between Kosovo and Serbia. According to the AP source, President Osmani's statement, which the Franco-German plan aims at summing up issues in some groups, is reference to this point of proposal.

Implementation of these protocols, along with other provisions of this proposal as well as all preliminary agreements, is a process that will go into step with the dynamics of the Berlin Process and those of the European Political Community (EPC), so it will be an insurmountable link on the road to EU integration.

Also, part of the pledges for Kosovo, such as the recognition by five members of the European Union, four of NATO and the acceleration of the integration path for the two states and financial pledges, which American Gabriel Escobar had confirmed will be numerous, are not the reconciliations signed on paper.

They constitute pledges of partners, which are presented in trust and based on preliminary co-operation.

Not even in 1972, with the agreement between the two Germanys. The AP source recalls that the 1972 basic agreement paved the way for the recognition of East Germany by Western states as well as membership in various organisations, even though this was not defined in the treaty.

This agreement, published by the Albanian Post, can still be changed. As Josep Borelli of the European Union has announced, the parties have already submitted their answers and proposals, and if reconciliation is found, they can become an integral part of the document.

An important moment will also be Albin Kurti's trilateral meeting with French President Emmanuel Macron.

Again, the frustrations of the two states in relation to the document will be addressed.

The current positions are that in Kosovo, as Kurti has stated, the document constitutes “a good basis in the right direction”, while in Serbia it is also said by Foreign Affairs Minister Ivica Dacic, that “the acceptance of the document means acceptance of Kosovo independence”.