Mijacic: Slim chances for the Kosovo Government to adopt the draft Statute of the CSM by May 10th

Dragiša Mijačić
Source: Kosovo Online

The Coordinator of the National Convention for Chapter 35, Dragisa Mijacic, says that there are slim chances for the Government of Kosovo to adopt the draft Statute of the CSM by May 10th, which is a crucial prerequisite for the Constitutional Court to accept it, and that this is a Pristina oxymoron primarily aimed at appeasing the international public and stakeholders to achieve a positive vote in the Committee of Ministers of the Council of Europe.

"It won't be so easy for the Government of Kosovo to submit the draft Statute of the CSM to the Constitutional Court because the Constitutional Court is not a constitutive mechanism. For the government to submit such a document, it first needs to adopt it and then send it to the Constitutional Court as an international legal obligation for consideration. If the government sends such a document without prior adoption, the Constitutional Court will reject it according to its acts, and I am not sure that the Government of Kosovo will adopt the draft Statute of the CSM by May 10th. This is an oxymoron primarily aimed at appeasing the international public and stakeholders to achieve a positive vote in the Committee of Ministers of the Council of Europe, but whether that will actually happen, we don't know, and I wouldn't assume it will be so," Mijacic said.

He emphasizes that there is a clear sequence of steps to be taken to form the Community of Serb Municipalities and that skipping any of these steps will lead to failure and provide another argument that the document is not in line with the Constitution and legislation.

Mijacic says that the first step in this process is for the Government of Kosovo to accept the draft agreement that has been on the table for a long time and send it to the Assembly for consideration, and only after that can the document be sent to the Constitutional Court.

"Skipping these intermediate steps will lead to failure in adopting this Statute and will provide the Kosovo government with yet another argument that the document is not in line with the Constitution and the Kosovo legislative framework, so it shouldn't be adopted. This is a game primarily played by the Government of Kosovo to appease the international public regarding the voting in the Committee of Ministers of the Council of Europe," Mijacic says.

He adds that Kosovo will not be able to escape its international obligation and form the CSM, but that it is up to the ministers of the member countries of the Council of Europe whether this will be a condition for Kosovo's admission to this organization.

"If the Government of Kosovo wants to implement the Community of Serb Municipalities, which is their international legal obligation, they must adopt the Statute proposed by the European Union. This certainly won't happen quickly, but there will be clear international pressure for it to happen. Whether this will be conditioned by Kosovo's membership in the Council of Europe or not will be decided by the ministers of the member countries of the Council of Europe, but the Kosovo government certainly won't be able to escape that obligation it has accepted," Mijacic concludes.