Baraliu: I am not sure Kosovo will join the Council of Europe, various conditions are being imposed

Constitutional law professor Mazllum Baraliu told Kosovo Online that he does not expect anything significant to happen regarding Kosovo's application for membership in the Council of Europe, because various demands are being imposed on Kosovo that do not relate to the criteria and standards that should be met for membership in the Council of Europe.

Regarding the longstanding condition that Kosovo submit the European draft statute of the Community of Serb Municipalities to the Constitutional Court for assessment, he said that this was an example of “hypocritical behavior by the European Union.” He recalled that another condition for Kosovo's membership was the case of Visoki Decani Monastery, namely the implementation of the Kosovo Constitutional Court's decision recognizing the monastery's ownership of approximately 24 hectares of land surrounding it.

“That was also done, although there was no proper legal basis for it, even in the Constitutional Court. Nevertheless, it was accepted by the current government. There was also a letter from the highest representatives of Kosovo's institutions stating that they would accept whatever the Council requested, yet they still did not vote in favor. In other words, they impose certain conditions at the last minute that cannot be fulfilled, because every government has a responsibility primarily to its own citizens and only then to the international community,” Baraliu said.

He stressed, however, that if Kosovo were admitted to the Council of Europe as a full member, its citizens would then have the right to apply to the European Court of Human Rights in Strasbourg. This would also apply to the four former KLA leaders convicted by the Special Court in The Hague.

“If Kosovo joins the Council of Europe, they too would be able to invoke the European Convention and turn to the European Court in Strasbourg regarding their rights, because many aspects of these proceedings were contrary to all principles and standards, not only those of Kosovo's law governing the court, but also those of criminal procedure, including international criminal procedure. It is also considered that the sentences imposed on them were draconian, as such severe sentences had never been handed down before,” he said.

He added that there were many other requests and complaints from Kosovo citizens arising from the irresponsibility and inefficiency of the courts, making membership in the Council of Europe important.

“However, I am not sure we will succeed because of the propaganda, lobbying and diplomacy of those who do not want this to happen. These include Russia and Serbia, as well as some other countries, even Western ones, that do not want Kosovo in European institutions. The clearest evidence is that Kosovo's application for EU candidate status has not even been considered for more than two or three years, and I do not believe they are prepared to vote in favor of Kosovo becoming a full member of the Council of Europe,” our interlocutor said.