Gogic: Kurti wants to reduce the CSM to the Association of Kosovo Municipalities, but the CSM has additional powers

Political analyst Ognjen Gogic says for Kosovo Online that Kosovo Prime Minister Albin Kurti has shifted his rhetoric and taken a step forward compared to his earlier stances when he stated that "he cannot create the Community of Serb Municipalities (CSM) because it is not within the competence of the executive branch," as by saying this, Kurti acknowledged that the CSM can be established but emphasized that it is not his role as Prime Minister to initiate its formation.
According to Gogic, there is "a grain of truth" in Kurti's statement, but he also pointed out that the formation of the CSM is impossible without cooperation from the Government of Kosovo.
Gogic further explains that Kurti aims to downgrade the CSM to the existing Association of Kosovo Municipalities, but this cannot be the case since the agreements specify that the CSM has additional powers delegated to it by the central government.
“From a legal standpoint, the CSM is not formed by the Government of Kosovo but by the Constituent Assembly of the CSM, which consists of councilors from ten majority-Serb municipalities in Kosovo. The Constituent Assembly adopts the Statute, thereby establishing the Community. However, for the Community to be incorporated into Kosovo's legal framework, another document is needed, and that is a decree from the Government of Kosovo. According to the 2015 agreement, the Government of Kosovo issues a decree confirming the CSM's Statute and granting it additional powers, transferring certain competencies from the central level to the Community. It is a two-way process where both municipalities and the central government delegate powers to the CSM,” Gogic said.
At this moment, he adds, the Government of Kosovo needs to present its decree recognizing the CSM as part of Kosovo's legal framework.
“No one has yet demanded this from Kurti. It hasn’t reached the agenda yet, though it should,” Gogic emphasized.
He reminds that, under the agreements related to the Community, the draft Statute is supposed to be prepared by a Management Team formed by the Government of Kosovo with representatives from Kosovo Serbs. This team presented the draft in May 2023, after which it was dissolved by the Government of Kosovo.
“The European Union then made a fatal mistake. Instead of insisting that the Government of Kosovo provide feedback on the draft Statute, pointing out contentious issues, the EU presented its own draft. This was a major error as it violated the agreement. By doing this, the EU undermined the agreement, and it is no surprise that Kurti found an open space to further muddy the waters, suggesting that he would write the Statute himself or that municipalities should create the Community on their own. Getting back on track would require returning to the Management Team’s draft Statute, having the Government of Kosovo provide comments on it, and then presenting a draft decree. Both the decree and the Statute would then need to go to the Constitutional Court for confirmation of constitutionality, allowing the process of forming the CSM to move forward,” Gogic explained.
At the same time, Gogic claims that the CSM cannot be identical to the existing Association of Kosovo Municipalities.
“The Community has powers that exceed those of individual municipalities and certain rights to be represented at the central level. By definition and under the agreements, it has additional competencies that the Association of Kosovo Municipalities does not possess. Kurti wants to reduce it to the existing Association, but the CSM cannot be that because the agreements clearly state it has additional powers delegated by the central government,” Gogic concluded.
0 comments