Baraliu: CSM is "dead letter", sending draft to Venice Commission unnecessary

Source: Kosovo Online

Professor of Constitutional Law at the University of Pristina, Mazllum Baraliu, believes that there is no need to send the Draft Statute of the Community of Serb Municipalities (CSM) to the Venice Commission and that the CSM, like the Brussels and Ohrid agreements, will remain just a "dead letter."

Baraliu believes that by not implementing the agreements, Belgrade and Pristina are buying time.

"It is clear that neither Belgrade nor Pristina want the Community. Both Belgrade and Pristina need to buy time, especially after the European elections, where we see that the right and left have shown growth, meaning they will be influential in the European Parliament as political forces," Baraliu points out.

He adds that there is no need to send the draft statute of the CSM to the Venice Commission for assessment, but that Kosovo and Serbia need to respond affirmatively or negatively on this matter. However, Baraliu says, the Kosovo authorities have not been consistent in their positions regarding the CSM.

"The Venice Commission is prestigious, but I don't think anything needs to be sent to it. It is necessary to say yes or no, and the Association does not suit Kosovo because it has the powers of a state, as well as minimizing the state. Representatives of the Government of Kosovo are unsustainable in this sense because they have proposed and acted differently. At one point they said it should be signed as part of the Brussels and Ohrid agreements, but that didn’t happen, the position of the Kosovo government and Kosovo did not align with the EU and Belgrade, so the issue of the Association and the Brussels and Ohrid agreements is a dead letter," Baraliu states.

Asked whether the proposal of Kosovo's Prime Minister Albin Kurti to send the Draft CSM to the Venice Commission means that he does not trust the Constitutional Court of Kosovo, Baraliu says that Kurti is not the only one who does not trust this institution, but that the main problem is Kurti's "political gymnastics."

"Kurti has no reason to believe or not believe in the Constitutional Court; that court has shown itself to be fluid, there are many cases where the Constitutional Court has made different conclusions on the same issues. There are others who do not trust the Constitutional Court enough, but that is not the issue; rather, Kurti is performing political gymnastics that are insufficiently firm in their positions. First, he says one thing, then another; he even said that he could prepare the Draft Statute of the Community in one night, which cannot be done in one night, especially not by an electrical engineer," Baraliu emphasizes.

The parties in the dialogue are not serious enough and ready for an agreement, which Baraliu assesses is desperately needed by the citizens.

"I think that both parties in the dialogue are not sufficiently involved in terms of seriousness. There should be one solution. The West is testing Kosovo and Serbia on how this issue will be resolved, to clear it up once and for all, because the people want it. There have been enough disagreements and conflicts, so it is time for Belgrade and Pristina to understand this and recognize what can be mutually recognized," Baraliu concluded.