Rrecaj: The EU and the US have not abandoned the CSM

Professor of International Law, Besfort Rrecaj, says that the EU and the US have not abandoned their demand that Kosovo's membership in the Council of Europe is directly conditioned on submitting the draft statute of the Community of Serb Municipalities to the Constitutional Court.

"I believe that the EU and its partners have always maintained the position that the government should submit the draft of the community of Serb-majority municipalities to the Constitutional Court for a constitutionality review, as outlined in the previous agreements from 2013 and 2015. Therefore, for membership in the Council of Europe, the government must fulfill its duty, draft the statute of the Association, and submit it to the Constitutional Court. They have now reiterated this demand," Rrecaj said.

When asked if this represents a change in the EU's rhetoric, as the CSM was previously considered the "condition of all conditions," but now it seems sufficient to submit the draft statute to the Constitutional Court, Rrecaj explained that establishing the CSM's structure takes time.

"As far as I understand, the requirement has always been for the government to establish the final structure of the CSM, but that will take time. Even if we have a decision (from the Constitutional Court), it will take time," Rrecaj said.

He emphasizes that this Kosovo institution will also make the final decision on the future of the proposed CSM statute.

"Then, the Court will either oblige the government to decide whether to form it or not, or it will highlight the need to remove certain articles if there are conflicts with the Constitution of Kosovo," Rrecaj explained.

He is confident that this condition will be reiterated if Kosovo is once again considered for membership in the Council of Europe.

"We will now see how this process unfolds. If there is a willingness in the Council of Europe to put Kosovo back on the membership agenda, and if this remains a criterion, then that is how it will be, as it was a condition before," Rrecaj believes.

He does not rule out the possibility that Kosovo might face additional criteria beyond the CSM.

"You know, things can change. Sometimes it is better to use the 'momentum' because politics evolve, and there might be different demands in the future. However, I believe this criterion is definitive. Submitting the draft statute to the Constitutional Court is a criterion for Kosovo's membership," Rrecaj emphasized.

He does not interpret the statements made by the German Ambassador to Pristina, Jorn Rohde, and the US Special Envoy for the Western Balkans, Gabriel Escobar, as indicating that the EU and the US are backing down from their demand for Pristina to establish the CSM.