European Parliament resolution on Kosovo: Support for Council of Europe membership, but weak human rights protection

Kosovo has the necessary institutional framework to advance and protect human rights, yet the protection of those rights remains weak due to lack of law enforcement, political will, and limited human and financial resources. Despite this observation made in the resolution on Kosovo adopted yesterday by the European Parliament, the same document expresses full support for Kosovo's application for membership in the Council of Europe.

Written by: Dusica Radeka Djordjevic

The resolution on Kosovo, which is not legally binding, is based on a report by the European Parliament’s rapporteur for Kosovo, Estonian MEP Riho Terras, who was appointed to this role in November last year.

The document highlights the European Parliament’s regret that initiatives to include the Serbian community in Kosovo’s political, social, and economic structures remain very limited and reiterates the call to advance internal dialogue with the goal of building trust, facilitating the daily lives of Kosovo Serbs, and ensuring their successful integration.

MEPs have called on the Kosovo Police to fully comply with the requirements of the rule of law and human rights and to ensure that multiethnic and inclusive police forces are deployed in northern Kosovo, in accordance with legal requirements.

The resolution also urges the five EU Member States that have not recognized Kosovo’s independence to do so “without delay,” and calls for the immediate lifting of EU punitive measures against Kosovo, arguing that they are “no longer justified.” It expresses support for Kosovo’s application for EU membership, affirming that “Kosovo’s future lies in the EU,” while also noting that Kosovo’s EU accession path depends on the normalization of relations with Serbia.

“The European Parliament reiterates the importance of constructive engagement by both Kosovo and Serbian authorities in reaching a comprehensive legally binding normalization agreement, based on mutual recognition and in line with international law, and calls on both Kosovo and Serbia to implement the Brussels and Ohrid agreements, including the establishment of the Association of Serb-majority Municipalities,” the resolution states.

It further emphasizes that Serbia is expected not to oppose Kosovo’s membership in regional and international organizations, and both sides are urged to refrain from unilateral actions that could undermine the dialogue process.

Following the adoption of his report, Terras stated yesterday that there is always room to enhance the dialogue between Belgrade and Pristina and that the European Parliament could play a role by, for instance, inviting MPs from national parliaments to participate in discussions within the EP.

He also announced that he would personally work to persuade the five EU Member States that have not recognized Kosovo to do so, describing the non-recognition of Kosovo as “absurd.”

However, legal expert Milan Antonijevic assessed that attempts to change the position of EU Member States unwilling to recognize Kosovo’s independence currently seem somewhat naïve.

“Without a clearly open dialogue and the necessary support for such a dialogue, it’s difficult to expect change. The countries that haven’t recognized Kosovo made that decision for domestic political reasons, out of concern that parts of their own territories might follow Kosovo’s example. That’s why it’s hard to believe that Spain or other European countries will change their stance at this time. That part of the report and his speech reflects certain aspirations rather than current realities or the balance of power within the EU,” Antonijevic told Kosovo Online.

Political analyst Nexhmedin Spahiu interprets the European Parliament’s call on non-recognizing EU Member States as a form of pressure on Serbia.

“This is a form of pressure on Serbia, because if EU sanctions are a pressure on Kosovo, then a call for recognition by five EU countries is pressure on Serbia. It is to be expected that once an agreement between Kosovo and Serbia is implemented, those five countries will recognize Kosovo. That is a natural outcome,” said Spahiu.

Regarding the European Parliament’s appeal for the EU to lift sanctions against Kosovo, Antonijevic recalls that these measures were linked to demands for de-escalation.

“If you look at the number of incidents in Kosovo and the unilateral actions taken by Kosovo in recent weeks and months, I’m not sure there’s a strong case for lifting the sanctions. This needs to be addressed. I believe the Serbian community should have a say and be able to speak about the pressures it is under, and that Kosovo authorities must take this seriously. That is a prerequisite for lifting the measures and for Kosovo to move forward on its European path. This path benefits the Serbian community as well—not by skipping steps, but because the EU path offers protections to minority communities and limits the room for maneuvering by either party, regardless of recognition status. Negotiations benefit minority rights because member states are closely evaluating adherence to such standards when deciding whether a country should progress toward EU membership,” Antonijevic said.

In general, Antonijevic considers the report on Kosovo adopted by MEPs to be objective, as rapporteur Riho Terras, he says, conveyed the challenges faced by the Serbian community in Kosovo—from incidents to the failure to establish the Association of Serb-majority Municipalities—and pointed to deficiencies in the rule of law as well as certain improvements.

“The report provides a comprehensive overview of the state of rights and human rights in Kosovo and devotes sufficient attention to the Serbian community and its problems. It offers a summary that aligns with other reports from the EU and the U.S. State Department. It is a solid compilation of the challenges faced by the Serbian community and Kosovar society at large and outlines how this crisis might be overcome. It also mentions how electoral and media institutions have been losing independence, particularly in recent months,” Antonijevic emphasized.

According to political analyst Nexhmedin Spahiu, the resolution on Kosovo reflects the continuity of EU policy toward the region. As he noted, it is no surprise that it includes a demand for implementation of the agreement reached in the dialogue between Kosovo Prime Minister Albin Kurti and Serbian President Aleksandar Vucic.

“Kosovo is expected to establish the Association of Serb-majority Municipalities as a form of autonomy for Serbs in Kosovo, while Serbia is expected to tacitly recognize Kosovo through the opening of permanent diplomatic missions in Pristina and Belgrade,” Spahiu stated for Kosovo Online.