The European Union has stated that the Government of Kosovo cannot draft the Statute of the Association outside the framework of the dialogue, facilitated in Brussels.
EU spokesperson Peter Stano emphasized that the EU, supported by its member states and partners, including the United States, has officially presented the European draft statute for the creation of the Association. He added that this draft was personally presented to Prime Minister Kurti by the EU facilitator, along with the national security advisors of Germany, France, and Italy, and the U.S. Special Representative.
Stano made it clear that the Government of Kosovo cannot relinquish its responsibilities within the dialogue process or delegate them to the municipalities with a Serb majority.
“In 2013, Kosovo signed the Brussels Agreement, which was ratified by the Kosovo Assembly with a two-thirds majority. Eleven years later, Kosovo has not yet taken the necessary steps to create the Association, and for this reason, it is failing to fulfill its clear obligations under international law, which were reiterated in the 2015 and 2023 agreements. According to the relevant agreements of the 2013 and 2015 Dialogues, the Statute for the creation of the Association must be drafted and discussed within the Dialogue. Any proposal must be discussed with Serbia and the EU mediator and be in line with the agreements of 2013 and 2015. This also means that the Government of Kosovo cannot draft the Statute outside the Dialogue,” Stano said to RTV21.
Prime Minister Albin Kurti has rejected the European proposal for the creation of the Association, stating, “We already have an association of municipalities. If someone wants a different one, that should be done by the municipalities. The prime minister doesn’t form associations, nor does he establish them.” However, the EU believes that the Government cannot avoid its responsibilities in the dialogue process and delegate them to the Serb-majority municipalities. According to EU spokesperson Peter Stano, the draft was personally handed to Prime Minister Kurti by the EU facilitator, together with the national security advisors of France, Germany, and Italy, as well as the U.S. Special Representative.
“The government cannot relinquish its responsibilities within the Dialogue or delegate them to the Serb-majority municipalities in Kosovo. In October 2023, in an effort to move the normalization process forward, the EU, supported by member states and partners like the U.S., officially presented an EU draft statute for the creation of the Association. This European draft statute is based on European models and good practices, as well as Kosovo’s legal framework. The draft was personally delivered to Prime Minister Kurti by the EU facilitator along with the national security advisors of France, Germany, and Italy, as well as the U.S. Special Representative.”
In addition to the delivery of the European draft statute to the Kosovo Government by EU and U.S. envoys, EU spokesperson Stano recalled that a similar draft was accepted by both Prime Minister Kurti and Serbian President Vučić at their meeting in Brussels on October 26, 2023.
“At a high-level meeting in support of the Dialogue, in the presence of President Macron, Prime Minister Meloni, and Chancellor Scholz, both parties agreed in principle to the European draft statute. In its December 2023 conclusions, the European Council welcomed the ‘willingness of Serbia and Kosovo to accept the draft statute presented to the parties by the EU Facilitator.’ This is an official recognition of the document by the 27 EU member states. Labeling the European draft statute as ‘just a non-paper’ disregards the European Council’s invitation to continue based on this, further delaying the prospect of its creation,” Stano said.
The European Union has urged Kosovo to take concrete steps towards the establishment of the Association, while calling on Serbia to fulfill its obligations arising from the agreement to normalize relations.
“We regret that, one year after both parties agreed to the document in principle, there has been no progress in its creation in accordance with the European draft statute. In line with its official re-engagement in the Dialogue and the full implementation of all Dialogue agreements by September 20, 2024, we urge Kosovo to proceed with its establishment without further delay. Serbia is expected to fulfill its obligations arising from the Roadmap for Normalization, in parallel with Kosovo proceeding with the establishment of the Association based on the European draft statute, in line with the implementation plan proposed by the EU Facilitator,” Stano concluded.
