The embassies of the QUINT states (the USA, the United Kingdom, Germany, France, and Italy), the European Union Office, and the OSCE Mission in Kosovo have criticized the Kosovo Government for its decision to finalize the expropriation of over 100 parcels in predominantly Serb municipalities in the north of the country.
In response to these criticisms, the Kosovo Government expressed regret over the statement from the QUINT states, the EU, and the OSCE.
The government stated that the decision was made in accordance with the existing Expropriation Law and that international partners had been informed about it.
“The law in this case has been applied just as in all other cases of expropriation for public interest across Kosovo. We believe that everyone agrees that all regions of Kosovo should be treated equally under the law.
The construction of infrastructure projects, including police stations, will help prevent violence, combat organized crime, and corruption. These are legitimate and lawful goals that contribute to strengthening the rule of law and, above all, the safety of citizens who have long been subjected to the violence and terror of criminal gangs led by the chief terrorist Milan Radoičić, who is also sanctioned by the U.S. Treasury and the United Kingdom,” the statement reads, as reported by “Bota Sot”.
Full Response
Response to the Statement by the QUINT States, the EU, and the OSCE regarding the Kosovo Government’s decision on May 30 concerning expropriation in the north of the Republic of Kosovo
The Government of the Republic of Kosovo expresses regret over the statement by the QUINT states, the EU, and the OSCE regarding the May 30 decision on the expropriation of immovable property in several municipalities in the north of the Republic of Kosovo. The statement in question wrongly assesses the factual situation and makes a legal evaluation not based on arguments.
The Government of the Republic of Kosovo, upon the proposal of the Ministry of Environment, Spatial Planning, and Infrastructure, initiated the expropriation process of immovable property in several municipalities in the Republic of Kosovo according to the existing Expropriation Law, with the aim of building infrastructure projects. This aim follows the definition of a “legitimate goal” as defined by the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights in Strasbourg. This matter was also presented during meetings and discussions with international partners, who requested from the Kosovo Government adherence to judicial procedures before making the final decision on expropriation.
Although our laws allow for the decision to be made despite ongoing judicial procedures, the government waited for court rulings before proceeding with the final decision. The only dispute related to the expropriation procedure according to Strasbourg jurisprudence is the amount of compensation.
The plaintiffs filed lawsuits against the preliminary expropriation decision, claiming procedural law violations. The courts found that the plaintiffs, except for a small number of them, did not have legal standing in the procedure, as they were not the owners of the properties subject to expropriation. In the final decision, the government reflected the court decisions and excluded from expropriation the properties of the successful plaintiffs.
The law in this case has been applied just as in all other cases of expropriation for public interest across Kosovo. We believe that everyone agrees that all regions of Kosovo should be treated equally and fairly under the law.
The construction of infrastructure projects, including police stations, will help prevent violence, combat organized crime, and corruption. These are legitimate and lawful goals that contribute to strengthening the rule of law and, above all, the safety of citizens who have long been subjected to the violence and terror of criminal gangs led by the chief terrorist Milan Radoičić, who is also sanctioned by the U.S. Treasury and the United Kingdom.
As stated by the Report of Eminent Jurists of the Council of Europe, Kosovo has advanced legislation that ensures high protection of human rights and freedoms, especially those of non-majority communities. The Eminent Jurists noted that: The legal framework of Kosovo has been heavily influenced by the International Community and goes beyond international standards.
We also express our concern that the statement refers to expropriation in some municipalities in Kosovo as “majority Serb municipalities.” Municipalities in Kosovo have specific names and the government does not refer to them as majority Albanian, Serb, Turkish, etc., as this is not in line with the multiethnic character of Kosovo’s constitution. Expropriations should be evaluated based on legality, human rights, and public interest, not based on the ethnic affiliation of citizens.