Rohde: The European Draft of the CSM Statute is an official document; Kosovo must fulfill its legal obligations

Ambasador Nemačke na Kosovu Jern Rode
Source: Skrinšot

German Ambassador to Kosovo, Jörn Rohde, stated in an interview with RTV 21 that the European draft statute of the Community of Serb Municipalities (CSM) is an official document for Germany, despite claims to the contrary from the Government of Kosovo. He emphasized that Pristina is obligated to fulfill all its legal commitments.

Rohde noted that Kosovo has been tasked with certain obligations and is expected to fulfill them within the framework of the EU-led dialogue for the normalization of relations, particularly the formation of the CSM.

He added that even Kosovo's Prime Minister, Albin Kurti, initially emphasized that the draft statute was prepared in line with Kosovo's Constitution.

"If there is doubt about its constitutionality, send it to the Constitutional Court for review. That hasn’t happened so far, which does not lead to progress," said Rohde.

Rohde explained that the European draft emerged because no government in Kosovo has taken steps to advance this issue since 2015, despite it being a legal obligation.

When asked about the Kosovo Government’s claims that the draft is an unofficial, working document and not recognized as a statute draft, Rohde pointed out that the EU has made numerous statements on the matter.

"Germany was very persistent in pushing Kosovo’s application for Council of Europe membership last year. We, along with other Council of Europe members, lobbied heavily for the decision to forward Kosovo's application to the Parliamentary Assembly. Now, the challenge is to make progress. Decisions cannot be made without movement on this issue," the German ambassador stressed.

He reiterated that the draft statute is an official document that should be sent to the Constitutional Court.

"For us, it is an official document, and I have emphasized this several times. It has been presented to the Government of Kosovo. No other document has been submitted so far, and this is Kosovo’s legal obligation, which is why we are at an impasse," Rohde clarified.

When asked if the Government of Kosovo or its institutions could draft a new statute and send it to the Constitutional Court, Rohde described such suggestions as speculative.

Commenting on Prime Minister Kurti’s statement that forming the CSM is not his responsibility but that of northern municipalities and others in the south, Rohde questioned why Kosovo’s Assembly adopted a law in 2015 with a two-thirds majority defining the framework for the CSM.

"The framework is clear: of course, the Government has to act here. I emphasize that I do not wish to speculate. In Germany, we have associations of municipalities, and Kosovo does too, but in this case, we are discussing an obligation that Kosovo has yet to fulfill to advance on all fronts—whether in dialogue for normalization, EU membership, or convincing states that do not recognize Kosovo. Kosovo must demonstrate that it fulfills its legal obligations," Rohde stressed.

He does not expect progress on this matter until after the election process in Kosovo.

When asked about claims from the Kosovo Government that both sides in the dialogue are not treated equally, Rohde said he would not assess individual statements but argued that governments changing major parameters with leadership transitions is wrong.

"We want normalization. We have a document that works, and the Brussels Agreement clearly outlines it. Currently, we are blocked because neither side is demonstrating good faith and a willingness to make progress. The truth is: Serbia is satisfied with the status quo. Kosovo wants to change the status quo. We want to change the status quo for greater recognition and for Kosovo to become a member of all international institutions it aspires to join. My American colleague said a few weeks ago: if you want to join a club, don’t insult the club you wish to join. That is never a good idea," Rohde noted.

He suggested it is a good idea to act independently of the other side, as creating momentum also builds trust.

Referring to Kosovo’s delayed restitution of land to the Decani Monastery, Rohde said such actions should have been taken much earlier to foster an environment where people see progress rather than stalemates.

The German ambassador also remarked that the CSM is the only tangible concession Serbia gains under the Brussels Agreement.

Asked about the impact of global events, such as elections in Germany or the new composition of the European Commission, on the Kosovo-Serbia dialogue, Rohde said the main goals remain unchanged.

"The EU has a new team, the Commission has just been confirmed, and we have new people with their ideas, but the fundamental parameters remain the same. The EU wants to integrate Western Balkan countries. Leadership meetings are taking place, and next week the President of the Council will meet with Western Balkan leaders. We want integration as soon as possible. This is a merit-based approach, so it will not change. However, adjustments will be made, as with the new U.S. administration. We will adapt, Americans will adapt, because we cannot change reality; we can only influence it," said Rohde.

Regarding Kosovo’s February 9 elections, Rohde reminded political party leaders of Germany's regulation restricting foreign election campaigns three months before elections in other countries.

On the Kosovo Government’s decision to explore opening an ammunition factory, Rohde expressed Germany’s support, adding that they work closely with Kosovo Police and Security Forces.

He dismissed claims that the decision is a response to alleged threats from Serbia as speculation.

German Ambassador Jörn Rohde emphasized that both Germany and the EU firmly advocate accountability in the Banjska case. He reiterated repeated calls for Serbia to ensure justice, particularly for Milan Radoicic, who has admitted to being the main instigator.

"This has not happened so far, and I would say that this lack of action hinders Serbia’s path to the EU," Rohde stated.

Speaking about Kosovo’s European path, Rohde said that Germany, along with many other countries, believes that EU sanctions on Kosovo should be lifted.

"But consensus in the EU Council is required. It is clear what we expect, and it is evident that it didn’t help when we were close to a decision in the summer. There were uncoordinated, unilateral actions by the Kosovo Government. While the acts themselves weren’t illegal, was it necessary to execute them in this manner?" Rohde asked.

He explained that these uncoordinated actions seemed to be part of a broader campaign.

"If you shut down post offices that have operated illegally for 20 years, which might have lasted another two months, that is a campaign. People are affected, and you must ensure solutions for minorities. It then becomes easy for the other side to say, 'See, this is oppression.' The same applies to the issue of the dinar. We’ve never questioned the legality of a currency’s presence in a country, but again, do it as an administrative process, give time for adjustment. When we introduced the euro, it was a two-year transitional campaign. Even today, I can still exchange Deutsche Marks for euros if I wish," Rohde elaborated.

Despite differences of opinion on certain issues, Rohde affirmed Germany’s unwavering support for Kosovo’s government and independence.

"As well as for Kosovo's integration into Euro-Atlantic structures. You belong in the EU. We want you to become a member of NATO, the Council of Europe, and any international organization," Rohde concluded.