Ivanov: EP resolutions are non-binding; consensus is required for measures against Serbia, and Hungary is against

The European Parliament has adopted a Resolution on the Serbia-Kosovo dialogue and the situation in northern Kosovo, which is somewhat critical of Belgrade in certain parts. Regarding this, Helena Ivanov, a research fellow at the Henry Jackson Society, says for Kosovo Online that European Parliament resolutions are non-binding. She also points out that there are obstacles to the adoption of possible measures mentioned in this document within the EU, and that is the fact that Hungary has made it clear that it will not support its introduction.

In the Resolution, the European Parliament calls on the European Commission and the EU Council to take measures against the Government of Serbia "if investigations reveal that the state of Serbia was directly involved in the terrorist attack in Banjska or the violent attacks that occurred in northern Kosovo in May 2023" or if Serbian authorities are not willing to cooperate fully. In this context, the EP calls on the European Commission to freeze the funds allocated to Serbia under the Instrument for Pre-Accession Assistance if the investigation results indicate the direct involvement of the Serbian state in these attacks.

Commenting on these calls by the European Parliament, Ivanov states that the weight of what the EP says is always somewhat less than when European officials say the same thing.

"We know that European Parliament resolutions are non-binding, and in the past, the EP has called on the EU to impose sanctions or measures against Serbia for not imposing sanctions on Russia, which has not happened yet. So, the weight of what the EP says is always somewhat less than when European officials say the same thing. Additionally, what stands as an obstacle for the EP at the moment is the fact that Hungary has made it clear that it will not support the introduction of such measures, which would prevent the EU from implementing such measures. On the other hand, I would say that this resolution has a bit more weight compared to some previous ones because, after the incident in Banjska, we could hear different messages sent to the Serbian Government and a more critical tone toward the Serbian position in general. So, I think the EP, in this case, would have much greater support if it were proven that Serbia was involved or if it refused to allow an adequate investigation to take place," Ivanov says.

The path from an EP Resolution to the EU imposing measures on Serbia, our interlocutor explains, would require unanimous support from all member states.

"Everything would also depend on the exact measures proposed. It could happen that there is unanimity on some measures, while there isn't on others. I reiterate that the fact that Hungary has said it would not support the measures would make it very difficult to adopt such measures against the Serbian Government," Ivanov emphasizes.

When asked who would assess whether the Serbian side had been willing to participate in the investigation, Ivanov believes that the EU will play a crucial role in assessing the extent to which the Serbian or Kosovo side was willing to participate in the investigation. Belgrade and Pristina are likely to be expected to provide access to certain documents or enable certain individuals to give statements.

"However, it is questionable whether we will have an objective investigation at all because I'm not sure which side would be able to conduct an objective investigation. Even if a neutral actor appears, if there isn't an objective and neutral actor to assess whether the sides were willing to cooperate, I'm afraid this will be a dysfunctional process. The key is for the EU to take on the role of a neutral observer and leader of this investigation. The main thing here is who will lead the investigation and whether this Resolution was passed just to show that the EU is somehow responding to the situation in Banjska or if there is indeed a clear plan on how the investigation will be conducted and a clear plan on whether measures will be implemented against those who did not participate in the investigation or against those who intentionally participated with ill intentions in the incidents in Banjska," Ivanov concludes.

Our interlocutor highlights a significant point in the Resolution, which is the call for Kosovo to establish the Community of Serb-majority Municipalities.

"What was also mentioned in the Resolution and what the main pressure that the EU is trying to exert on Albin Kurti is the establishment of the Community of Serb-majority Municipalities, and that's the main point for which we can hear criticism of Albin Kurti, who is seen as an obstacle to the establishment of the CSM," Ivanov points out.

The Resolution also expresses regret that Serbia has continued its campaign for the withdrawal of Kosovo's recognition, but does not mention Kosovo's lobbying for new recognitions, even though there is no EU consensus on Kosovo's status. Serbian authorities and media are called upon to refrain from "spreading lies about 'ethnic cleansing' and 'pogroms' in Kosovo, for which there is no evidence". At the same time, there are no admonitory words about the rhetoric of Kosovo officials who almost daily speak of the "genocide" allegedly committed by Serbia, for which there are no legal grounds, raising questions about the objectivity of the EP Resolution.

"In general, the EU's approach is complex when it comes to relations between Pristina and Belgrade. The EU has this big elephant in the room, the fact that not all member states have recognized Kosovo, and the most significant among them at the moment is Spain, and that poses a problem for the EU from the start when it addresses this issue and conveys certain messages. We can notice that in certain situations, the Serbian Government is more criticized than it is the case with the Kosovo Government, and this can be criticism of the rhetoric in Belgrade and the lack of criticism of the rhetoric heard in Kosovo," Ivanov says.

The European Parliament, in the Resolution, also calls on both Serbia and Kosovo to fully, genuinely, and in good faith implement the Brussels Agreement of February 27, 2023, and its Implementation Annex (Ohrid Agreement) of March 18, 2023, as well as all previous agreements. It expresses regret that Serbia has refused to sign the Brussels and Ohrid Agreements.

It also calls on Serbia and Kosovo to refrain from unilateral actions that could threaten peace and stability in the region and instead actively work on peacefully resolving disputes through dialogue facilitated by the EU.