Letter from the Head of the EU Mission: Warning or ultimatum to Kurti from Brussels?

The Head of the EU Mission in Pristina, Aivo Orav, informed caretaker Prime Minister Albin Kurti a few days ago that he can no longer count on official meetings being held in the government building until a new cabinet—with a full mandate—is formed. A multilayered message that can be interpreted both as a clear reaction to the latest moves by the authorities, and as a new punitive measure for Kosovo. The question, analysts say, is whether the “letter from Brussels” will speed up or further delay the formation of new institutions.

Written by: Djordje Barovic

“In the interest of institutional stability and respect for the rule of law, high envoys from EU member states and EU institutions will temporarily refrain from meetings with the caretaker prime minister and ministers inside the building of the Government of Kosovo, until a government with a full mandate is formed,” reads, among other things, Orav’s letter to Kurti published by Klan Kosova.

The EU cites several rulings of the Supreme and Constitutional Courts of Kosovo.

The letter refers to the annulment of the Ministry of Finance’s administrative instruction, as well as to Article 71 of the Constitution of Kosovo, which prohibits simultaneous ministerial and parliamentary functions, adding that in line with this the European Union has adjusted its practices of engagement.

Such a response from Brussels to Pristina could have been expected. Back in mid-July, the day after the Supreme Court’s ruling on the illegality of by-laws or administrative instructions issued by caretaker ministers who are also MPs, EU Ambassador Orav emphasized that political interference in the judiciary was unacceptable.

“EU Heads of Mission discussed the situation following the Supreme Court decision. Attacks on individual judges and political interference in the judiciary are unacceptable,” Orav stressed.

On the other hand, in the first reaction to the letter from Brussels, caretaker government spokesperson Përparim Kryeziu stated that “anyone who wishes to meet with the acting prime minister of Kosovo must come to the place where he works, but that does not mean he does not hold working meetings outside his office.”

Kurti himself, asked to comment on the Brussels letter, was much vaguer:

“As you can see, I am not in my office, but together with representatives of the European Union here in Shipol, in this building that we have renovated and arranged. I am the prime minister so that they have safe apartments, warm in winter and cool in summer—that is the most important thing—and we are cooperating with the European Union,” he said.

Former Kosovar diplomats are not looking kindly on such statements. They claim that Brussels sent a clear message to Kurti that he is exercising the role of caretaker prime minister illegally.

“The EU’s decision to suspend meetings with Kurti is a direct indicator of usurpation of the prime minister’s function. According to the Constitution, laws, and the Supreme Court ruling, he performs this function unlawfully, since his mandate expired the moment he was elected as an MP,” said former Kosovo ambassador to Italy, Alma Lama.

Clear messages from Brussels are also highlighted by former ambassador to Albania, Sylë Ukshini, who warns that Kosovo’s “image” must be urgently improved.

Harsh Reactions from the Opposition

The opposition bloc of Albanian parties voiced far harsher reactions.

“Kosovo is a country under sanctions, and sanctions against this government remain in force because of the lack of respect for agreements, as well as ignoring coordination with international factors. We have been under sanctions for years,” said AAK MP Time Kadrijaj for Kosova Press.

She described Brussels’ decision as “very troubling news.”

“It confirms that this government is illegitimate and is holding the governance of Kosovo hostage by force. They have no mandate for these functions: neither the prime minister’s position, nor ministerial posts,” Kadrijaj argued.

LDK MP Armend Zemaj considers the EU decision a new punitive measure against Kosovo:

“This is not just a measure, but a major consequence for Kosovo, which has been under economic sanctions for five years, and now this punishment can be called an EU penalty against Kosovo, against Kurti, and against the government that wants to keep itself in executive power,” Zemaj told Kosova Press.

He recalled that the LDK, during the verification of mandates for the new convocation of the Assembly, had warned that it was impossible to hold two functions simultaneously—minister and MP.

“This is a huge ego for power and everything is connected to electoral and financial interests,” Zemaj stressed.

“A Convenient Way”

Miloš Pavkovic, Strategic Director at the Center for European Policy, told Kosovo Online that Brussels’ decision reflects a “principled stance on respect for the rule of law,” but at the same time was a “convenient way” to “diminish the legitimacy and all actions” of the government headed by Albin Kurti.

“I would view this decision through the lens of the rule of law. That is one of the basic values and principles of the EU. Since the Constitutional Court annulled several decisions of caretaker ministers because they were also MPs at the same time, the EU specifically referred to those Constitutional Court decisions, questioning the legitimacy and decisions of those ministers, and avoiding participation in the violation of Kosovo’s Constitution and laws,” said Pavkovic.

He added that the letter should also be interpreted in light of “poor relations between the EU and Kurti’s government.”

“This is a good basis for such meetings not to be held. EU sanctions from 2023 are still in force, so this is just another signal that relations remain at a low point and that the EU does not wish to maintain contacts with a caretaker government until a new one is elected—whoever it may be,” Pavkovic emphasized.

At the same time, the caretaker government’s disregard for several Supreme and Constitutional Court rulings gave the EU a “convenient way” to undermine its legitimacy.

“It was convenient for them to react in this way, and in doing so they wanted to reduce the legitimacy of the current government and all its actions,” the analyst argued.

He believes the EU is above all referring to the construction of two new bridges between South and North Mitrovica.

“That came as a unilateral move, a defiance of Albin Kurti’s government toward the EU and international partners. My interpretation is that this EU decision is primarily a response to the construction of the bridges, but generally, when seen in the context of poor relations, its adoption is not surprising,” Pavkovic said.

Still, he doubts that this type of “pressure” will affect the speed of forming a new government.

“Depending on how internal political relations develop, it can speed things up, but also slow them down. It will primarily depend on inter-party agreements between Self-Determination and other Albanian parties. This decision mainly sends a message that the EU does not see Albin Kurti as a major partner, and that may complicate the formation of a government, or Self-Determination’s continued participation in it,” Pavkovic concluded.

“Proof of Urgency”

For political analyst Doratej Imeri, the EU letter should be seen as “proof of the urgency” of forming institutions in Kosovo, but also as a warning that preserving partnership and cooperation with Brussels is essential for Kosovo’s “European future.”

“The letter sent to the government by EU representatives represents a call for the institutions of Kosovo—especially the Assembly and the government—to be constituted as soon as possible.

Political parties must show readiness for agreement and complete the institutions as quickly as possible,” Imeri told Kosova Press.

He emphasized that for Kosovo it is essential to preserve partnership and cooperation with Brussels:

“Kosovo and the EU are strategic partners. Kosovo, aware of its European future, must understand that preserving this partnership and cooperation at the highest level is a necessity,” Imeri said.