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<https://www.euractiv.com/section/politics/news/council-of-europe-kosovos-last-minute-bid-to-appease-germany-falls-flat-in-belgrade-pristina/>
  


Council of Europe: Kosovo's last-minute bid to appease Germany falls flat in 
Belgrade, Pristina


Alice Taylor

5–6 minutes

  _____  

Kosovo’s last-minute bid to placate Germany and get its application for 
membership of the Strasbourg-based human rights body the Council of Europe 
approved has been attacked by Serbian President Aleksander Vucic and criticised 
by Kosovar President Vjosa Osmani.

The country was set to face a vote of the Committee of Ministers on Friday (17 
May) on whether to join the organisation, having previously passed two rounds 
of plenary voting. While hopes were high that it would proceed with little 
issue, Germany threw a spanner into the works by insisting that the 
controversial and EU-demanded Association of Serb Municipalities should be set 
up first.

In the hopes of satisfying German concerns, Kosovo wrote a letter to the CoE 
detailing its pledge to draw up a statute for the establishment of the 
association and send it to the Constitutional Court for review by the end of 
May.

Foreign Minister Donika Gervalla Schwartz said the draft would “integrate 
non-majority communities and implementation of Kosovo legislation in all 
municipalities”.

“The draft ensures not only the respect of Kosovo Constitution and laws, but 
also prevents impermissible interferences from outside in municipalities but 
also all over Kosovo,” she said.

However, this effort earned a swift rebuke from Vucic, who said Kosovo could 
not create such a statute without Serbia’s agreement.

“Who are you to submit this text? The Brussels agreement is quite clear, that 
it should be done with the agreement of Serbia, or if we agree, as we have 
agreed contextually, conceptually and in principle that it should be a text 
submitted by the EU,” Vucic told local media.

While the Association was agreed upon as part of the EU-backed dialogue, it was 
not implemented, as Kosovo’s Constitutional Court found several provisions 
contravened its laws. These violations included the fact that it does not 
include other minorities and that it could entail executive powers.

Since then, the initiative has not progressed as Prime Minister Albin Kurti, 
fearing a failure of a similar system in Bosnia and Herzegovina with Republika 
Srpska, has tussled with Belgrade and Brussels over how it should be formed and 
what powers it should have.

However, Serbia’s insistence that Kosovo must not join the CoE also directly 
contravenes all EU-mediated agreements that state it must not oppose Kosovo’s 
membership of international organisations.

But the draft letter has also caused a stir at home, as President Vjosa 
Osmani’s advisor, Bekim Kupina, said her office was not consulted before it was 
sent. He told Radio Free Europe that the president “does not support this 
letter.”

“President Osmani only supports positions and actions previously consulted, 
coordinated and agreed with the institution of the Presidency… This letter is 
not like that”, Kupina told the media.

It is not yet clear whether the vote will take place on Friday. Sources told 
Euractiv that unless it was sure the vote would pass with the required 
two-thirds majority, it would likely be postponed until either later this year 
or an extraordinary session in the coming months.

Kosovo took another step towards becoming a member of the Council of Europe 
(CoE), a pan-European human rights body, on Tuesday (16 April) as its 
parliamentary assembly overwhelmingly passed a report recommending membership, 
with even representatives from non-recognising states voting in support.

As for the stance of Germany to Pristina’s proposal, the Embassy in Pristina 
appears to remain unconvinced. 

A spokesperson told BIRN on Thursday that the latest step is not enough as 
Kosovo “is expected to take tangible steps to establish the ASM” and 
“submitting the draft statute to the Constitutional Court before the 
Committee’s meeting, would have been such a step.”

“Kosovo now needs to do the heavy lifting. This has still not happened,” the 
embassy said.

However, the argument that Kosovo should establish the association, did not 
carry much weight in previous debates. It was argued that Kosovo should be 
admitted into the CoE as this would provide much better oversight, guidance, 
protection, and support for all minorities in the country.

Furthermore, critics of Germany’s stance have been clear that the association 
is a condition for the EU dialogue and has nothing to do with the CoE, which is 
a totally separate entity.

(Alice Taylor | Euractiv.com, edited by Sarantis Michalopoulous)

 

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