Baraliu: Minority standards in Kosovo better than in the EU

Constitutional Law Professor Mazllum Baraliu stated that the standards for minority communities in Kosovo are better than those in the EU, but the problem is that "sustainable policies" are not being consistently or sufficiently implemented for all citizens.

Commenting on the statement by the EU ambassador in Pristina, Aivo Orav, that the EU is seeking a sustainable solution for the Serbian community in Kosovo, Baraliu said that the ambassador should be familiar with Kosovo’s standards: its laws and Constitution.

“For minority communities in Kosovo, the standards are higher than in any country in Europe, and even beyond. The issue and the problem are that sustainable policies are not being consistently or sufficiently implemented for all citizens, both the majority and the minority,” Baraliu said.

He sees the causes of this lack of implementation in the consequences of hybrid warfare, as well as in the attempts by political parties and formal and informal groups to prevent citizens from becoming “an integral part of democratic and integrative relations.”

“There is nothing more that needs to be given, what already exists needs to be implemented. We also have a solution through decentralization, whereby municipalities with a Serbian majority have more competencies compared to, for example, municipalities with an Albanian majority. Also, the Constitution of Kosovo provides for reserved seats and gives minority communities the ability to make decisions and prevent changes; they have the key to block constitutional amendments,” Baraliu said.

He explained that changing constitutional provisions related to minority community rights requires not only the support of 80 members of parliament but also a majority of the 20 minority representatives, among whom Serbs have a majority.

“Nothing can be changed, not even the most important laws concerning minority communities, without their consent, and they have been passed in a way that suits them the most. Therefore, it is not accurate, and I believe he (Aivo Orav) has not properly studied the laws and the Constitution, because under the law and the Constitution, all citizens are equal, and these are considered among the most democratic laws in Europe. The real issue is how much they are implemented. It’s clear that they are not even fully implemented for the rest of the citizens,” Baraliu said.

When asked about the reasons why these provisions are not being implemented, Baraliu pointed to economic conditions.

“Kosovo was the most underdeveloped region of the former Yugoslavia. Now, we are the most underdeveloped country in Europe. Therefore, there aren’t enough resources for others either, and there’s no capacity to solve basic issues. However, Serbia is there to help and, according to our laws, can do so without any problem, even financially. So, those are the standards,” Baraliu said.

He emphasized the need for proportional investment throughout all parts of Kosovo, with a priority on investment and financing in the most underdeveloped areas.

“But no matter how much is invested, you know what these politicians have done – but that is a question neither for me nor for you,” Baraliu concluded.