The EU retorts: Association present only if Serbia implements basic agreement

Minister of Foreign Affairs and Diaspore Donika Grovalla says the government will examine the EU draft association only if Serbia implements the basic Brussels agreement and the Ohrid annex in all.

According to her, Kosovo cannot submit Miroslav Lajcak's draft of association to the Constitutional Court as part of the agreement reached last year, but only as part of the package that envisions the detailed implementation plan.

Geralla considers it necessary for new European Union structures to have different and balanced approaches, as Lajcak's failed dialogue says.

Chief diplomat Gervala says the current association draft, disconnected from the Brussels package, cannot be processed despite international pressure and conditions that could be for membership in international organisations.

As appropriate solutions, it considers the possibility for the EU to submit this draft to the Venice Commission for assessment. However, it says they are willing to sit down with representatives of the Serb community in Kosovo, so that the government can draft a draft association state of Serb-run municipalities in Kosovo.

“We do not ignore the Constitutional Court's decision and that association with those powerful rights that the 2013-2015 agreement has given with this government cannot be realised. That is why a new draft presented by the EU has later come to us. However, we, even with the new EU draft, have seen that with Serbia during bilateral talks in Brussels we have not achieved success. We cannot apply something, which is in advance in Brussels as part of the agreement under the normalisation of relations with Serbia, if Serbia refuses. What is today called the Lajcak draft is also impossible for our institutions to do whatever is in that draft. It is part of a package envisioning the basic agreement, implementation plan and Lajcak's draft”, Gervala says.

The foreign affairs minister urges Kosovo's international allies to take into account Kosovo's proposal for drafting a draft association status.

But she adds that after this unwillingness of Kosovo's allies to address this topic, neither the government nor the government has any optimism to enter this path. As she estimates, if the Kosovo side's offer is not taken into account, then she cannot be there forever.

We cannot send that draft, since the first one, drafts are not sent to the Constitutional Court. Drafts must be passed on to several stages before being sent to the Constitutional Court. This draft in this form, as it is disconnected from the package in Brussels, cannot be processed by the government at any step. Not only can it not be sent to the Constitutional Court, but it cannot be subjected to other processes, as this is part of a package, which we are not willing to secede. What we have said, we have proposed to our partners that if they consider that with Serbia in Biblical form we can succeed. Then we as responsible government have shown our willingness to sit down with the representatives of Serbs in Kosovo and draft a document that respects our constitutional order, but at the same time meets some of the demands of the Serb community in Kosovo. But for this proposal we haven't yet encountered our partners' readiness”, Gervala claims.

According to her, Kosovo allies have officially never asked Kosovo to draft a draft of association, but has always been in the news of reaching an agreement in Brussels.

It is not true that it has ever been the only option for Kosovo to draft a draft and present it. He's always been on the board of what's going on in Brussels... This is our offer, if we see that in Brussels this failed dialogue so far cannot bring results then why should we delay and discuss topics. To be honest, after the outcome we've had and the full unwillingness of our partners to address this subject is not too great the optimism and willingness of our institutions to enter this path. We made our offer, but if the offer is not taken into account, it could be permanently”, Gervala points out.

The drill requires that the EU submit the association draft to the Venice Commission for assessment.

Because you like that draft, let them follow it to the Venice Commission and get the verdict of the Venice Commission. But it is not an issue Kosovo government can forward. It is a draft that is not of the Republic of Kosovo... If it is part of the package, the prime minister has expressed his readiness in October last year. There's a logic why it has to be part of the package. The package envisions recognition defacto on Serbia's part. Such a document is not healthy for our country unless we have recognition defacto leaves de-jure recognition on Serbia's part. So it makes sense why we insist. A document that has been brought to us in the waters of the agreement with Serbia that we have made in February of last year to be addressed even under that agreement. Disconnection from that agreement on this draft is not positive for our country”, Gervala claims.

Speaking of dialogue with Serbia and changing the European Union's approach after Europarliamentary elections, she says it is important what has happened to dialogue in the past three years not to repeat itself.

The important “is what has happened with the dialogue over the past three years not to repeat it again. Not only has it been allowed Serbia constantly to undermine dialogue on the inside, President Vuciq has consistently used an extremely negative language towards Kosovo and its representatives. But negative approach to the process and the collapse of the process from Serbia has been consistently tolerated. I hope the new structures in the EU have learned from the failure of dialogue over the past three years and are more prepared”, Gervala claims. / KP