The Draft of the Statute of the CSM according to "Friedrich Ebert": The main objective of the authorization is to preserve the constitutional order of Kosovo

The Friedrich Ebert Foundation (FES) published today the official draft of the statute of the Community of Serb-majority Municipalities, which states that this community will have official symbols, including a flag, and that it will be established in accordance with the Constitution of Kosovo, as well as the right to its own integral budget, bank accounts, property, and the right to manage financial transactions.

In the draft of the statute jointly prepared by FES and the European Institute for Peace (EIP), the community is called an "Association of Municipalities in the Republic of Kosovo in which the Kosovo Serb community is in majority ", and the draft itself has 18 items.

The draft, published on the FES website, states that the association will be a legal entity established in accordance with the "Constitution and Legal System of Kosovo", and that the official symbols will be designed by the Association/Community Board.

This draft of the Statute is similar to the one previously published by the Pristina media, which stipulates that it should be adopted by the Pristina authorities and verified by the Constitutional Court of the Republic of Kosovo.

At the beginning of this document created by FES, it is written that "this mechanism was established on the basis of the Law on Confirmation of the First Agreement on Principles for the Normalization of Relations between the Republic of Kosovo and the Republic of Serbia".

In the second item of the first article, it is emphasized that the Statute of the Community is the highest legal act of this mechanism, which is adopted by the Constituent Assembly of this community.

In the third item of the article, it is stated that the CSM would have the functions of "strengthening local democracy, and representing all different identities" as well as "supervising the development of the local economy and education and improving the local conditions of returnees to Kosovo", but that the CSM had to comply with the Constitution of Kosovo.

"The Statute will be adopted by a legal act of the Government of Kosovo and will have the validity of a Government decree in accordance with the legal system of Kosovo after consideration by the Constitutional Court", it is stated in this item.

Paragraph four states that the Community of Serb-majority Municipalities will not replace or undermine the constitutionality and relations of central and local authorities in the province.

"In fulfilling these goals, the Community will not damage or circumvent the powers provided by the constitution and the law of the participating communities and will not in any way replace or violate the constitutionality and relations between the central and local authorities of the Republic of Kosovo", it is specified in this article.

The aims of the community are, as can be seen from the draft of the statute, strengthening local democracy by facilitating cooperation between the municipalities that make up the CSM, supporting those municipalities in creating policies that improve local democracy, facilitating, financing, or promoting activities that improve citizen participation and democratic practices and representation of interests relevant to local democracy to the central authorities.

Article five states that the CSM will have other additional powers that may be delegated by the central authorities in coordination with the Constitution and laws of Kosovo.
In article six, they say that they will have its own organs, ie. the assembly, as well as the president, vice-president, and community council.

"The organs of the CSM will promote coexistence and peace among the citizens of their member municipalities and encourage the construction of appropriate conditions that will enable all communities to express, preserve and develop their national, ethnic, cultural, religious and linguistic identities," the sixth article also states.

"The Assembly of the CSM is the supreme body composed of representatives elected by each participating municipal assembly from among its elected members, and the same will reflect the composition of the municipal assemblies" is stated in the seventh article of this statue as well as that the number of representatives of the Assembly is determined by the number of representatives in the participating municipal assemblies in a ratio of 10 to one and that "each participating municipality delegates one representative to the CSM Assembly".

In the proposal and election, the mayor and the municipal assembly will respect the principle of ensuring the ethnic diversity of their municipality, which is further explained in the same article.

Article eight refers to CSM Assembly sessions convened by the CSM President.

"The Assembly meets at least twice a year and can hold other regular and ad hoc meetings. The schedule and other procedures of the Assembly sessions are regulated by the rulebook," it states and adds that the work rulebook must be in accordance with the "statute and legal system of Kosovo."

In other articles from 9 to 18, it is explained in more detail what the CSM would look like, so, among other things, it is stated that the Assembly adopted the Statute of the CSM, elected the president and vice-president of the CSM from among the members of the municipal assemblies, as well as that the CSM would have a Council consisting of a maximum of 30 members and its own budget.

It is also stated that the Pristina government would provide the CSM with the status of a legal entity and the legal capacity necessary to fulfill its goals, which included the right to own movable and immovable property, co-owners of companies that provide local services within the CSM's goals and enter into contracts, including employment contracts.

"Members of the Association/Community retain their legal, property and financial independence after acquiring the status of membership in the Association/Community", it is written in Article 16.
In the last article, Article 18, it is stated that within one year from the adoption of the CSM Statute, the audit of its implementation would be carried out by the Pristina government.

"In the event of a dispute between the Government and the Association/Community resulting from the review, the Government will refer the case to the Constitutional Court. Unless otherwise prescribed by the rules or official procedures of the Constitutional Court, the Association/Community has the right to represent its arguments in the event of a review by the Constitutional Court," it is written in the article.

It is explained that in none of its aspects, the CSM would not violate or circumvent the authorizations provided for by the Constitution of Kosovo, as well as that "it will not in any way replace or violate the relations established by the Constitution and the law between the central and local authorities in the Republic of Kosovo".

At the very end of the draft of the FES and EIP statutes, it is stated that "Kosovo is facing harsh criticism for not establishing an Association/Community Serb-majority Municipalities" due to the fear that "the Serbian community, which is in the majority under these circumstances, will reopen the wounds of mass atrocities for the people of Kosovo." 

"The Community of Serb-majority Municipalities is connected to the terrible war in Croatia that started in Belgrade, inspired by the Community of Municipalities of Northern Dalmatia and Lika, and the genocide in Bosnia and Herzegovina, which was preceded by the formation of the Community of Municipalities of the Bosnian Krajina," it states as an explanation, which is why the formation of the CSM is being postponed.

It is estimated that it was necessary to "clarify the significance of the establishment of the Community of Serb-majority Municipalities, as well as the necessity of defining its structure, powers, and conveniences with by-laws that would preserve the constitutional order of the Republic of Kosovo and prevent Belgrade from establishing parallel structures".

"The Community of Serb-majority Municipalities should serve the interests of all citizens living in the Community's municipalities, in achieving well-being and prosperity," the document concludes.