Pavkovic: Pristina is buying time by submitting the draft of the CSM to the Constitutional Court

Miloš Pavković
Source: Kosovo Online

Researcher Milos Pavkovic from the Center for European Policy says that Pristina is tactically delaying the formation of the CSM and that by submitting the draft Statute to the Constitutional Court, the "ball will be in the court of the judges," who can take months or even years to decide on it.

"This is, in a way, the government of Kosovo playing tactics and balancing between the desire to join the Council of Europe and not forming the CSM," Pavkovic says.

He explains that submitting the draft Statute of the CSM is part of the obligation that Kosovo's leaders accepted in exchange for Kosovo's membership in the Council of Europe.

"The Kosovo government wants to send a message that with this act – initiating the process before the Constitutional Court – the formal process of forming the CSM begins. This is an obligation undertaken by President Vjosa Osmani, Prime Minister Albin Kurti, and Assembly President Glauk Konjufca in a letter they sent to the Council of Europe. In this way, it is connected to Kosovo's membership in the Council of Europe," Pavkovic says.

He adds that if the draft Statute of the CSM is sent to the Constitutional Court, then the "ball" will be in the court of the constitutional judges.

"If the Constitutional Court decides that the proposed draft is in line with the Constitution, then there will be no obstacles or excuses for the Kosovo government to delay implementation, and this will also be an opportunity for Western partners to exert greater pressure on Kosovo. However, if there is a contrary decision, that is, if the Constitutional Court assesses that the draft is not in line with the Constitution, then it will cause a multi-year delay in the formation of the CSM because the entire process of drafting the Statute will have to start from scratch," Pavkovic believes.

He does not rule out the possibility that by submitting the draft Statute of the CSM to the Constitutional Court, Pristina would also be buying time.

"This could mean buying time for the Kosovo government because the decision of the Constitutional Court can take a while. The government is sending a message that they have formally started the process, but now they are waiting for the decision of the constitutional court, which can take months, if not years. This is indeed buying time because we know that the stance of the Kosovo government is very contrary to what was agreed upon in the agreements of 2013 and 2015 regarding the formation of the Community of Serb Municipalities," Pavkovic emphasizes.