Albanian post: The Franco-German proposal in nine points, the acceptance of Kosovo's independence and the formation of the CSM

The Albanian Post published, as it states, the Franco-German proposal, which states that if Kosovo and Serbia sign an agreement based on that proposal, then Serbia will agree to respect the existence of Kosovo and treat it as a separate legal entity, while Kosovo must agree to implement all previous agreements, including the formation of Community of Serb-majority Municipalities.

According to that media, the proposal, i.e. the agreement, is called the "Basic Agreement on the Status of Reports", and has a total of nine articles, the main ones of which are based on the charter of the United Nations Organization that regulates interstate reports.

As Albanian Post reports, an important part of the agreement, perhaps the most important, is its preamble, which explains the basic principles agreement is built upon.

"The basic principle is that this agreement does not interfere with the way the contracting parties see themselves, then there is a principle that reminds them of their obligations towards peace and security, the principle of respecting borders or dividing lines and the principle that this agreement aims to create conditions for cooperation two parties, in the interest of the people, both in Kosovo and in Serbia," the Albanian Post states.

The vast majority of agreements are based on the two Germanys model from 1972, from the agreement called the "Basic Agreement".

German Chancellor Olaf Scholz believes that the German experience in solving a very sensitive issue for the Germans after the Second World War cannot be rejected by any party.

Out of the nine articles that are currently in the agreement, Article 1 states that "Kosovo and Serbia shall develop normal, good neighborly relations with each other based on equal rights."

"This article is very important, it represents the basis of the entire logic of the proposal. The article, which is taken from the basic two Germanys agreement, represents a value, but also a condition that the EU, and especially Germany and France, set for Kosovo and Serbia. The position of these two countries is firm, regardless of what their mutual relations are like, Kosovo and Serbia must respect each other and behave as good neighbors," the Albanian media said.

These values ​​and this condition are also highly placed in the guiding principles of the Berlin process, which has already evolved into a serious and insurmountable process for the countries of the region, as well as in the principles of the European political community that will soon be implemented.

Article 2 of the agreement is an essential article, by which Serbia accepts Kosovo and its existence as an equal participant in joint relations.

"Kosovo and Serbia will be guided by the goals and principles contained in the Charter of the United Nations, especially the sovereign equality of all states, respect for independence, autonomy and territorial integrity, the right to self-determination, the preservation of human rights and non-discrimination," this text states.

Article 3 refers again to the UN Charter.

"In accordance with the Charter of the United Nations, Kosovo and Serbia will resolve their disputes exclusively through peaceful means and will refrain from the threat or use of force. They (the parties) reaffirm the inviolability now and in the future of the border/line of division existing between them and undertake to fully respect their territorial integrity," Article 3 states.

Serbia assessed all three of these articles as problematic, because, in their opinion, those articles open the way for Kosovo's direct membership in the UN.

According to the Albanian Post sources, in the ongoing process, the international mediators have expressed their willingness to introduce changes only in the second and third articles, where references to the UN Charter and other principles arising from this charter have been replaced by references to the principles for EU membership.

As a reminder, these criteria include stable democracy and the rule of law, a functioning market economy and acceptance of all EU laws.

The transition to references related to the EU membership gives Brussels great autonomy in managing the process, and indirectly binds all member states.

As the source of the Albanian Post claims, the transition to references related to the EU membership defines the Kosovo issue as an intra-European issue.

"Kosovo and Serbia cannot seek EU membership as their strategic goal and at the same time reject references related to EU membership," it states.

The same sources claim that Chancellor Olaf Scholz and President Emmanuel Macron had understanding towards certain sensitivities in Belgrade.

"They left open the possibility of mitigation, but this does not mean that Chancellor Scholz and President Macron will give up their basic position that Serbia cannot join the EU without a final political and legal solution to the open issue with Kosovo," it added.

This position, at least implicitly, must be included in the agreement, otherwise everything is just frivolous and just a confirmation of the current status quo.

As it is added, Serbia can easily get out of this situation by simply declaring that it is giving up its membership in the EU.

After such a declaration, Germany and France would withdraw from this proposal, while the European Commission would initiate procedures for terminating all contractual relations between Serbia and the EU, which arose as a result of Serbia's EU application process.

"Serbia must make a big, bold and decisive decision for its European future. Give up the EU membership, and therefore the much-needed aid to Serbia, or take the path towards the compromise that is being offered," the Albanian Post states.

Article 4 is also one of the important parts that represents the basis for the further process of integration of both parties.

It states that "Kosovo and Serbia proceed under the assumption that neither party can represent the other internationally or act on its behalf."

"With this article, Serbia cannot obstruct the Kosovo's path to the EU, including lobbying against Kosovo in the five countries that have not recognized it, as well as hindering Kosovo's membership in the Council of Europe," it added.

Article 5 deals with the issue of security in the Balkans and states that "Kosovo and Serbia will promote peaceful relations in the Western Balkans and contribute to regional security and cooperation in Europe."

Article 6, which clearly states that "Kosovo and Serbia shall continue with mutual respect for the jurisdiction of each side", opens the way for Kosovo and Serbia to overcome many practical problems.

One of the most extensive articles is Article 7, which defines the relations and cooperation between Kosovo and Serbia, and it is a logical continuation of Article 6.

"Kosovo and Serbia declare their readiness to regulate practical and humanitarian questions in the process of the normalisation of their relations. They shall conclude agreements with the view to developing and promoting on the basis of the present agreement and for their mutual benefit cooperation in the fields of economics, science and technology, transport, judicial relations, posts and telecommunications, health, culture, sport, environmental protection, and in other fields. The details have been agreed in the Supplementary Protocol.," Article 7 indicates.

By accepting jurisdiction, Kosovo and Serbia can conclude many other agreements, similar to the one on identity cards. According to the sources of the Albanian Post, the current agreement on identity cards is fully in the spirit of Articles 6 and 7, and this model can be applied to all other areas.

Kosovo and Serbia currently have mutual relations only through Liaison Offices that have a minimal and completely technical function, so this agreement also affects this important part and it is determined that "Kosovo and Serbia will exchange permanent missions".

Article 8 specifies that "they will be placed in the appropriate seat of the government. In particular, practical issues related to the establishment of missions will be addressed".

The last article currently, Article 9, is, as stated, the most problematic part of the agreement on Kosovo, because according to it, the Franco-German proposal does not affect previous agreements, which implies the implementation of any previously concluded agreement or reconciliation.

"Kosovo and Serbia have agreed that this agreement does not affect the bilateral and multilateral treaties and international agreements they have previously concluded or in connection with them," Article 9 reads.

As emphasized, this Article could undergo changes and have a more precise and direct reference to previous agreements, but essentially nothing changes.

The issue of the CSM formation is essential for mediators. The refusal of Kosovo, regardless of who is in power, to implement this agreement, diminishes the credibility of the mediator.

"Furthermore, it creates space for Serbia to escape from its obligations, including the need to accept the Franco-German plan. According to the source, by refusing to start talks on the implementation of the agreement on the CSM, Kosovo itself is opening room for maneuver to Serbia," the Albanian Post states.

It adds that the mediators insist on starting talks on the implementation of the agreement for the CSM, as well as on the full cooperation of Kosovo, whereby the emphasis is on the request to postpone the decision on the vehicle license plates conversion. Kosovo should not give Serbia an alibi through its own actions.

The agreement will have to have another article, which is formal and shows that the parties agree to reach this agreement.

It is very possible that the parties will not commit to the agreement being ratified in the respective parliaments, but to enter into force simply as a commitment.

Framing the agreement as an intra-European issue, its implementation will become an insurmountable condition for EU integration. According to the Albanian Post's source, this binding EU treatment makes the agreement legally binding for both parties, despite the lack of ratification in the respective parliaments.

However, the basic agreement is not the end of the matter.

Many and very important details must be agreed upon in another document which is also defined in Article 7.

The Supplementary Protocols are specific regarding the practical issues that are currently burdening the relations between Kosovo and Serbia.

The implementation of those protocols, along with other points of the proposal as well as all preliminary agreements, is a process that will keep pace with the dynamics of the Berlin process and the dynamics of the European political community, so it will be an insurmountable link on the road to the EU integration.

The Albanian Post reminds that the Basic Agreement 1972 paved the way for the recognition of East Germany by the Western countries, as well as membership in various organizations, although this was not foreseen in the agreement.

The Albanian Post states that the Franco-German proposal can be amended. As announced by Josep Borell, the parties have already sent their answers and proposals, and if agreement is reached, they can become an integral part of the document.

"An important moment will be the tripartite meeting of Albin Kurti and Aleksandar Vucic with French President Emmanuel Macron. Complaints from the two countries regarding the document will also be discussed there," the Albanian Post points out.

The current views are that in Kosovo, as Kurti said, the document represents "a good basis in the right direction", while in Serbia the Minister of Foreign Affairs Ivica Dacic said that "accepting the document means accepting the independence of Kosovo".