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Professor says EU proposal does not mention CSM


Darko Popović

3–4 minutes

  _____  

Cambridge University Professor Marc Weller said in an op-ed piece for Koha 
daily that the European Union-proposed agreement to resolve the Kosovo issue 
does not mention the term Community of Serb Majority Municipalities (CSM).

Weller, who is said to have close links to the authorities in Pristina wrote 
that the term self-management is included in article 7 of the agreement 
<https://www.koha.net/veshtrime/369509/the-crunch-point-at-the-upcoming-ohrid-negotiations-on-normalization/>
  presented to Serbian President Aleksandar Vucic and Kosovo Prime Minister 
Albin Kurti. He recalled that they accepted the Basic Agreement as the final 
text that will no longer be negotiated. “However, the next step remains a 
crucial one: reaching agreement on provisions on implementation of the Articles 
in an annex which will be considered an integral part of the instrument. The 
Basic Agreement will only be complete, and ready for formal signature, once 
that task has been achieved,” he wrote.

According to Weller, the agreement is a step towards full normalization of 
relations between Belgrade and Pristina and would not amount to formal, mutual 
recognition of two states. “Yet, it would clarify that Serbia and Kosovo would 
treat each other according to international law, including the principle of 
sovereign equality of states, the prohibition of threats and uses of force and 
the obligation to settle all disputes peacefully,” he added.

Weller wrote that the agreement would not fully unblock the path towards EU 
membership for Serbia and Kosovo respectively. “For Serbia, membership cannot 
take place while it maintains, in its constitution and policy, a claim to 
another state, that is, to Kosovo. Comprehensive normalization will require its 
acknowledgement of Kosovo’s status … while Kosovo is hampered by the fact that 
five EU states still refuse to recognize it”.

He said that Serbia is likely to argue at the coming meeting in Ohrid that 
article 10 of the Basic Agreement calls both parties to meet their obligations 
under earlier agreement including the 2013 Brussels Agreement which introduced 
the concept of the Community of Serb majority Municipalities and added that 
Kosovo can now oppose this view. “In international law, a subsequent agreement 
concluded by the same parties on the same subject prevails over the earlier one 
(lex posterior derogat legi anterior),” he wrote adding that Article 7 of the 
Basic Agreement, will determine how the previous obligations relating to the 
Community are to be interpreted and implemented.



 

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