Serbia “formalised dialogue failure” with letter in Brussels

A letter by Serbia's prime minister, Ana Brnabiq, in which she confirms there are red lines when it comes to implementing the agreement on the road to normalising reports with Kosovo, presents the first time this written state states it will not implement some provisions of this agreement.

Even earlier, officials from Serbia, including President Aleksandar Vuciq, have publicly stated they will not implement those parts of the agreement, which they consider to be “violation of Serbia's national interests”. However, officials from Brussels involved in the dialogue have ignored them, considering them to be “declaration for internal consumption”. They expressed that, “does not matter what they publicly say, but that President Vuciq will implement all points” as promised in meetings with them within the dialogue.

But this time too, for them -- an expression of written positions by Serbia's prime minister -- has been a surprise, writes the REL.

After the letter in question, EU officials have acknowledged that this now represents a much more serious situation in the dialogue process” and have acknowledged that this has caused a major dose of concern in the EU.

The “maybe for Serbia this may look like something useful because of the December 17th elections. But Serbia must know that December 18th comes and the days ahead, the obligations remain. This will not go so easily to EU member states”, a senior European diplomat has told Radio Free Europe.

The agreement on the road to normalisation of reports between Kosovo and Serbia had reached Kosovo Prime Minister Albin Kurti on February 27th this year, and Serbia's President Aleksandar Vuciq. On March 18th, they were hired in Ohrid for the annex of implementation of the agreement. But those agreements were not signed after such a rejection was rejected by Serbia's president, Aleksandar Vuciq.

Among other things, the agreement requires respect for territorial integrity between the parties, while its Article 4, which is now problematic for Serbia, envisions Serbia not challenging Kosovo's membership in any international organisation.

Thus, it is widely mentioned that the word is for all international organizations. While, Serbia in its letter to the EU, says it will not agree with Kosovo's membership in the UN or in the organisations and agencies that exist within the UN.

It is interesting how the letter by Serbia's prime minister, aimed at expressing reservations for the EU-Western Balkans summit declaration, was not addressed to Charles Michel, president of the European Council, who was hosting the 13 December summit, but was sent to the managing director at the EU Foreign Action Service.

Diplomats in Brussels think that this way maybe Serbia has wanted to avoid the consequences of this letter, but it has not, because the letter has been given to member states and is considered Serbia's position.

Radio Free Europe co-ordinators have said that “at any time in official communication between Serbia and the EU has not been used such a harsh language about obligations from dialogue”.

Experts Toby Vogel of the Council for Policy and Democracy (DPC), is not surprised with this Belgrade stance and thinks that now, in writing, Serbia de facto has brought the dialogue before the failure.

The European Union and the United States desperately want to believe that the Ohrid Agreement is true, that Serbia and Kosovo are obliged to normalise the reports, even though there are many facts to prove that it is not like that, Vogel tells Radio Free Europe.

For a long time it is clear that the de facto dialogue has failed and that it is being used only for crisis management. With this letter, Serbia has de facto formalised the failure of dialogue”, Vogel adds.

He recalls how European diplomats have often ignored various statements by Serbian officials that they do not intend to respect the agreement, saying they are for domestic purposes on the eve of elections.

Now, for the first time, we have a letter from the highest level, where it says they reject the very basis on which dialogue is built to find a comprehensive, legally binding agreement for normalising reports meaning de facto recognition of the Republic of Kosovo. I find it hard to believe that after this letter from the EU and the U.S. to be able to go back to just everyday work about dialogue, even though I believe they will try to do so”, Vogel points out.

Despite the fact that the agreement reached was not signed, the EU is considered legally binding from the moment when, in writing, the EU's top foreign policy and security representative Josep Borrell has announced.

EU sources have clarified that assessments of the binding nature of the agreement are in line with Article 11 of the Vienna Convention for the Law on Treatys, which says that “the reconciliation of a state to be obliged to an agreement can be expressed by signature, exchange of instruments making up agreements, ratification, accession, approval, or any other means, if that is how they reconcile”.

The same sources have said that the sides in Ohrid were clearly clarified, and both sides agreed and disagreed, in the presence of the high representative and envoy for dialogue.

EU representatives have said they had proposed several other ways to express the sides' consent to the agreement, but they were rejected and continue to be rejected by both sides.

Regarding Serbia's letter has also reacted to EU foreign policy and security spokesman Peter Stano, who has reiterated that the two sides have taken the obligation to overall implement the agreement.

The European Union reiterates that the agreement is legally binding in all for both sides: Its integration will be an integral part of the respective European route”, Stano has said.

According to him, the agreement and annex for implementation “have become legally binding through the EU high representative's written communiqué on 18 March 2023. This has been the EU's consistent stance and publicly communicating on several occasions”, he has said.

But, in addition to verbal statements Serbia has proven by actions that it does not fully respect the Ohrid Agreement. It, even after reaching this agreement, has voted in the Council of Europe against launching the procedure for Kosovo membership.

Serbia's commitments to implement the agreement and its annex are expected to become an integral part of the negotiating framework for its membership in the European Union early next year. / REL/