Mazreku: The issue isn’t with the draft of the CSM but with Serbia’s refusal to recognize Kosovo

Professor of European Law Avni Mazreku stated that the problem does not lie in the European or any other proposal for the CSM, as this will ultimately be decided by the Constitutional Court, but rather in the fact that Serbia has said it will not recognize Kosovo even after the CSM is established. He attributed the status quo to the political elites in both Belgrade and Pristina.

"Serbia has openly stated that even after the CSM is established, it will not recognize Kosovo as a state. This issue has sparked a heated political debate in Kosovo over whether Serbia will recognize it or not if the CSM is formed," Mazreku said to Kosovo Online.

He reminded that Kosovo’s Constitutional Court has already ruled on this matter, and that the interpretation of the CSM statute has been encouraged by the EU, NATO, and other international actors.

“The Serbian government does not oppose submitting the CSM statute for review to the Constitutional Court, as the main body that will determine whether this legal act aligns with its constitutional system. As long as no such obstacle exists, there is reason to hope for the establishment of the CSM. In my view, the obstacle lies in the political will of both Serbia and Kosovo, concerning their objections to the agenda,” Mazreku emphasized.

As he added, Serbia’s letter from then-Prime Minister Ana Brnabic, which declared non-recognition of the Ohrid Agreement annex, provoked a response from Pristina.

"In light of this, the Kosovo government’s reaction was one of opposition, but we still do not know if Kosovo has any other obligation to progress according to what was achieved in the Ohrid Agreement annex. Therefore, these issues are linked to what is called political will in both countries," Mazreku explained.

According to him, the differing interpretations of the agreement currently serve the interests of both Serbian and Kosovo political elites.

"I believe this is simply a matter of political populism. Recognition of Kosovo’s independence by any political party in Serbia is unacceptable to the Serbian people, despite both opposition and ruling parties in Serbia being aware that the ultimate outcome will be the recognition of Kosovo’s independence, as there is no going back. Likewise, the opposition in Kosovo knows that new political and institutional organization for Serbs through the CSM is imperative," Mazreku highlighted.

He added that the failure to take steps toward normalizing relations harms both the Serbian and Kosovo populations.

"The faster both governments move forward, the more they will benefit from EU funds, and it will be safer. The countries that are not NATO members include Serbia, Bosnia and Herzegovina, and Kosovo. Articles 4 and 5 of NATO’s Statute clearly encourage cooperation between its member states. If these countries were part of the EU and NATO, then we wouldn’t need to discuss Mr. Guterres’s report suggesting that northern Kosovo is a potential hotspot for escalation. Both sides know this is the only and best way forward. But why is it not being resolved? It is not being resolved due to the populism of both Serbian and Kosovo political elites, both in the ruling parties and in the opposition,” Mazreku concluded.