What is the practical strength of the ten Serbian seats in the Kosovo Assembly?

On February 9, six Serbian parties registered to participate in Kosovo's parliamentary elections, competing for the ten guaranteed seats reserved for the Serbian community. Considering that laws vital to minority interests cannot be amended or adopted without the votes of Serbian MPs, and that constitutional changes require their support, these mandates are seen as a protective barrier against potentially harmful legislation for the Serbian community, according to experts interviewed by Kosovo Online.

Written by: Dusica Radeka Djordjevic

The Kosovo Constitution defines laws of vital interest as those establishing or abolishing municipalities, regulating language use, local elections, cultural heritage protection, religious freedom, education, and the use of community symbols.

For changes to these laws, in addition to a majority of votes from all MPs, a majority of MPs holding guaranteed seats for minority communities is required. This includes the ten Serbian seats and ten others reserved for non-Serbian minorities. Amending the Constitution is even more complex, requiring a two-thirds majority from all MPs and a two-thirds majority from minority MPs.

The practical strength of Serbian seats was evident in 2018 when the lack of support from the Serb List's parliamentary group led to abandoning plans for constitutional amendments to transform the Kosovo Security Force (KSF) into the "Kosovo Army." Instead, the KSF's mandate was changed through legislative means. Disappointed proponents of a formal army were reassured that this could happen when political circumstances allowed.

After his 2021 election victory, Albin Kurti acknowledged that the Serb List controlled ten Assembly seats, preventing constitutional changes but confirming a desire to amend the Constitution.

“Unfortunately, when the Kosovo Constitution was adopted in June 2008, Article 1.3 stipulated that we cannot join another state. We must change this one day, but it is neither quick nor easy because it requires a two-thirds minority vote in the Assembly,” Kurti said at the time.

Several Kosovo governments have pursued constitutional amendments for various reasons, often not aligned with Serbian community interests.

Petar Petkovic, director of the Serbian Government's Office for Kosovo and Metohija, stated that Prime Minister Kurti aims to replace Serbian representatives in the ten guaranteed seats with individuals who prioritize personal interests over community welfare. This, he said, underscores the importance of the Serb List's success.

In addition to the Serb List, candidate lists for the parliamentary elections were submitted by the Serbian People's Movement, the party "For Freedom, Justice, and Survival," the Party of Kosovo Serbs, Serbian Democracy, and the Citizens' Initiative for People's Justice.

Aleksandar Sljuka, a collaborator with the NGO "New Social Initiative," told Kosovo Online that Kosovo has mechanisms allowing minority communities, including Serbs, to protect their rights and avoid being outvoted in parliament, such as the double two-thirds majority rule. However, he noted attempts to bypass these safeguards in the past.

He predicts that this trend may continue.

“I cannot say for certain, but I think there will be attempts to ensure a sufficient number of Serbian community representatives aligned with the ruling majority. Through them, it might be possible to amend laws of vital interest and, consequently, the Constitution, potentially abolishing rights guaranteed to the Serbian community. This would enable the tyranny of the majority, where all decisions are imposed on the minority,” said Sljuka.

As an example of bypassing constitutional safeguards, he cited the appointment of Nenad Rasic as a minister.

“As someone who was not an MP, Rasic needed parliamentary confirmation from minority MPs. This was not done because, when Serb List representatives left the institutions, a political vacuum enabled Prime Minister Kurti to appoint Mr. Rasic in a way that was unconstitutional,” Sljuka explained.

He added that besides the ten guaranteed seats, the Serbian community is entitled to a vice-presidential position in the Assembly, though this role is more consultative.

“There are five vice-presidents in the Kosovo Assembly. Three typically come from the majority community as they represent the three largest parliamentary groups, one from the Serbian community, and one from other minority communities. The vice-president does not have decisive individual influence. The Assembly Presidency, consisting of the parliamentary president and five vice-presidents, must adopt the session agenda by consensus. If consensus fails, such as when the Serbian vice-president objects, the agenda is put to a plenary vote. If approved there, it cannot be blocked,” Sljuka explained.

Stefan Surlic, a professor at the Faculty of Political Science in Belgrade, emphasized the importance of maintaining a stable Serbian majority in the ten guaranteed seats in the new Assembly, especially given Kurti's announcements about constitutional amendments.

“Any constitutional changes or new amendments are impossible without Serbian representatives and two-thirds support from minority MPs,” said Surlic.

He highlighted that laws of vital interest require a “double majority” – a majority of all MPs and a majority of minority representatives.

“These include laws on municipal powers, particularly in Serbian-majority municipalities, changes to municipal boundaries, language use, citizens' civil status, cultural heritage, and other special rights granted to the Serbian community. This corpus of laws can only be changed by a double majority, requiring the support of ten Serbian MPs and other minority MPs,” Surlic explained.

He noted instances where prescribed procedures were circumvented, such as with the KSF.

“While not formally called the Kosovo Army, its mandate was changed without constitutional amendments to avoid Serbian parliamentary representatives blocking the decision. With NATO support, the KSF has been restructured to resemble a conventional army,” Surlic said.

Dalibor Jevtic, vice-president of the Serb List and mayor of Strpce, stated that the Serb List would participate in the February 9 elections to ensure that representatives in the Assembly and Kosovo government do not work against the interests of Serbs.

“We will not allow individuals appointed by Kurti, who do not represent the Serbian people's will, to sit in the Kosovo government and vote, as Rasic did, for decisions against the Serbian community’s interests,” Jevtic said.

He added that Kosovo’s lack of a Serbian vice-president in the Assembly is another sign of undemocratic governance, as this role is crucial to parliamentary processes.

The Chairwoman of the Committee for Kosovo and Metohija in the Serbian Parliament, Danijela Nikolic, also believes it is crucial for the Serb List to win the ten guaranteed mandates for the Serbian community. She emphasizes that this is necessary to ensure protection against unpopular decisions and the adoption of laws that are not in the interest of the Serbian people, including potential legal changes that Albin Kurti might pursue in the future.

"I believe in the unity of Serbs and the common goal of preserving the Serbian people, and the Serb List has the strength to achieve that while caring for all Serbs. We can see the direction of Albin Kurti’s political actions and his regime. His goal is to win these elections with the help of other Serbs, which sends a very troubling message because, at this moment, the Serbian people cannot afford to fight on multiple fronts. It's okay to think differently, but it's not okay to align with those who persecute and arrest our people, kill children, and drive Serbs out," Nikolić said.

She expressed concern that if other Serbian parties enter the parliament in Pristina, Albin Kurti will look for individuals among them who would provide the necessary two-thirds support for constitutional amendments or other acts unacceptable to the Serbian community.

She also warned that by February 9, Kurti’s regime would do everything possible to label the Serb List as a terrorist organization.