Defacto-sukt recognition is the solution to the problem, internationals dare seek legal obligations from Serbia-recognisors

The defacto recognition, according to connoisseurs of international processes, implies the constructive behaviour of the state in relation to the sovereignty of the respective state, where, in their opinion, Serbia cannot prevent Kosovo from integration into international organisations, the elimination of parallel institutions, as well as recognition of border points.

Awareers of international relations in the country have said the term defacto recognition is used to show that one country acknowledges another country exists in reality, but is not officially recognised.

University professor Avni Mazrek said recognition defacto means the moment when a state is reluctant to recognise another country in a de-jurou manner. According to him, this recognition implies that the state should not bring problems or obstacles to the recognition of official documents, recognises the boundaries of that state, etc.

“Recognitions of states in international public law are two categories, are de-juro recognition of the state, meaning formal recognition, where the state parliament through a ratification vote, respectively, approves formal recognition of a state. The recognition defacto, where the state is reluctant to have this first element called recognition de jure, but is taken a constructive context in relation to that state's behaviour, to the respective state”.

The “in this case implies that the state should not bring problems or obstacles to recognition of official documents in case of movement of citizens. Know the boundaries of that state, it means no instructions to counter state sovereignty. Because lack of recognition, defacto recognition is antidot of the state's destructors to counter state sovereignty”, he told EO.

Mazreku added that the main goal of recognition defacto implies the constructive behaviour of the state in relation to the sovereignty of the other state.

In other terms, the state behaves in a form that does not create instructions in relation to the sovereignty of the respective state. This is the main goal, recognition defacto means constructive behaviour of the state in relation to the sovereignty of the respective state. In this case, for example, Serbia in international organisations will never use the vote against Kosovo membership in those international organisations. Today the sovereignty of states is articulated in relation to the role of states in international organisations and it is known that Serbia has so far invested a lot in various constructions to prevent Kosovo from membership in international organisation”.

The second “functioning of parallel institutions of the Serbian state within Kosovo territory, respectively, they would automatically have to be removed, because they are an instrument sponsored by the state to create instructions in relation to the sovereignty of the state of Kosovo. Recognition of the points, respectively, of the Kosovo border line, would not qualify as recognition, as an administrative line and in Serbia's political, diplomatic jargon”, he said.

University professor Dritero Arifi said this defacto recognition implies recognition of a reality that exists, but in fact that neither side, according to him, does mean that it can take legal responsibility.

<x) Serbia can say all that can literally say that knows the existence of a reality, but neither the word Independence can mention, it may recognise Kosovo's passport, but not have good relations”, he said.

Arifi added that considering Serbia's state behaviour towards Kosovo, recognition defacto did not solve the problems, according to him, the West does not have the courage to ask Serbia for mandatory legal recognition.

According to him, only mandatory legal recognition -- that is de-juro -- calms the region, and he added that recognition defacto is only an extension of the problem, EO reports.

“With countries like Serbia is problematic and legal recognition, only de-facto does not solve the problem. My conviction is that the West does not have the courage to go to that mandatory legal recognition, it would be the West itself that asked for at first, especially the letters of the two American presidents would be legally binding recognition of de-juro, namely dephacto to de-juro. Because only that in some form calms the region and can change the mentality in Serbia, because the guarantee has not once. De facto recognition is only the extension of the matter”, he said.

The recognition defacto has also been asked of Serbia by the European Commission's chairman, Ursula von der Leenen, during her visit to the Western Balkans, which said Kosovo should establish an Association of Serb majority municipalities, while Serbia de-facto recognises Kosovo.