Hasani: Agreement reached in Ohrid gives autonomy to the Serbian community in Kosovo

The former President of the Constitutional Court of Kosovo, Enver Hasani, pointed out that the agreement reached in Ohrid between Kosovo and Serbia, as well as the one in Brussels, gave autonomy to the Serbian community in Kosovo and that the Prime Minister of Kosovo, Albin Kurti, had played his role incorrectly, which, as he said, would have long-term consequences, Dukagjini reports.

"Kurti played the role completely wrong – self-management will bring long-term consequences," he said.
 
Hasani believes that the CSM formation will create a new parallel constitutional order.
 
"The Ohrid agreement with the implementation plan will produce a parallel constitutional order. We call it the 'Material Constitution' without respecting the procedures. This is the 'Material Constitution' of Kosovo that is being created. The structures of this autonomy of the Serbian community will match it – it is not a third power, because if it were a third government, it would have supervisory control," he explained.
 
According to him, if the CSM were subjected to the constitutionality test, it would not pass.
 
Hasani said that the envisaged obligations of the agreement between Serbia and Kosovo had already been legalized by the EU as an intermediary for both parties, while he described the non-signing of the agreement as a reason for internal political spending.
 
"The obligations stipulated there are justified by the mediator's statement. And the legal force does not derive from the fact that it was signed because, for example, there are verbal processes, and if something is disputed, it is very easily proven. What he did not sign, Vucic or our side in the explanation, is for internal political consumption. The relevance is completely political," he stated.
 
As for whether the Ohrid Agreement has legitimacy, Hasani said that it depended on its legal weight.
 
He pointed out that the content of the agreement and implementation plan was clear.
 
Kosovo Prime Minister Albin Kurti stated that the Ohrid Agreement meant de facto recognition, and for the former president of the Constitutional Court, such a statement was irrelevant.
 
"What Albin Kurti says is irrelevant; it is a tautology of words, and they have no effect for the purposes of the application, and that agreement contains something other than that," Hasani said.
 
Hasani agreed with the statement of US Ambassador Christopher Hill, who said the dialogue aimed to solve the problem between Kosovo and Serbia and not any other issue, such as the minority issue.
 
"What Ambassador Hill says is correct, and that is what the Ambassador of Albania says, too. The same question would be asked in the future... Minority protection cannot be a matter of reciprocity between states. Minority protection exists in the international order, not in the constitutional order," Hasani said.