The agreement between Kosovo and Serbia will not be sent to parliament for ratification: Why?

As highlighted in Article 6 of the text, the “Agreement on the road to normalisation between Kosovo and Serbia” is only an essential step towards full normalisation.

So this agreement is not a legally binding agreement.

One of the reasons for not having to be sent to parliament is that everything the existing agreement deals with lies within the scope of the exclusive competencies that both governments have, including the pledges of responsible and peaceful conduct on the international level.

“We do not expect that the government in Belgrade will send this agreement for ratification to parliament, therefore the government in Pristina does not need to do so”, says the Albanian Post a diplomatic source within the process of drafting the road map for implementation of the agreement.

This agreement may be the subject of a political debate in the parliaments of both sides, but, in legal terms, there is no need for the agreement to be submitted to the vote in parliament”, the source says.

While, the final “Agreement that addresses even the problematic constitutional elements will have to be ratified both in the Kosovo parliament and in that of Serbia”.

But if it is not ratified in parliaments, then what makes it binding?

According to sources, the implementation “garancia lies in the commitment of the EU accession and membership parties”.

This means that every step of the process of bringing Serbia and Kosovo's membership to the European Union will be appreciated through the commitment of the parties to implement this agreement.

“With a little humor, the political-juridical nature of this agreement can be named “A BINDING LEGALLY NON-BINDING AGREEMENT” (A legally non-binding agreement that, however, is mandatory)”, clears the diplomatic source.

That guarantee for implementation of the agreement's provisions is the European road of two states is also shown in the first paragraph of Article 10 of the agreement.

It will be a special commission, headed by the European Union, that will assess implementation on the ground.

The “Piles will establish a joint Commission, led by the European Union, to monitor the implementation of this” Agreement, the article is correct.

mediators Miroslav Lajcak and Josep Borrell have also spoken of this part.

The assessments of this commission in the application of points will be the controller that makes the West distribute carrots, or sticks, according to the conduct of the parties on the ground.

This constitutes the first time the EU forms a control commission.

This is also the main difference between this agreement and preliminary agreements.

In the past, it has been on the will of the parties to implement a deal, or not, so even more than 30 that have been reached since 2011 between Kosovo and Serbia, a large number have never been implemented.

Through this controlling mechanism, the deal's 11th point will also be assessed, which is implementation of all preliminary deals. Thus, the EU aims to improve even concessions from the past dialogue.