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The European Union (EU) said late Thursday that it is "impossible" to evaluate for now a proposal by the Government of Kosovo to compile and send to the Constitutional Court a draft statute of its own for the establishment of an Association of municipalities with a majority Serbian, saying that he is not aware of its content.
The EU spokesman, Peter Stano, told Radio Free Europe that such a draft should be discussed with Serbia and the bloc, which has been mediating the dialogue between the two neighboring countries since 2011.
"The content of a statute, which the Government of Kosovo has warned to compile, is unknown and has not been discussed with Serbia, nor with the mediator [of the Pristina-Belgrade dialogue] the EU. Therefore, it is impossible to assess its compatibility with the 2013 and 2015 agreements at this stage," said Stano.
On Thursday morning, the Foreign Minister of Kosovo, Donika Gërvalla, announced that she had informed the Council of Europe that Kosovo intends to prepare a draft statute and send it to the Constitutional Court for interpretation at the end of the month.
Later in the day, she said in a press conference that Kosovo is in the "commitment phase" for drafting a draft statute for the establishment of the Association, and "not in an advanced phase".
Stano said that the EU welcomes the readiness finally expressed by Kosovo to engage now, since "unfortunately, since 2013, Kosovo has not taken any steps towards the establishment of the Association, and thus towards the strengthening of minority rights, even though there have been many occasions to do so".
Kosovo and Serbia have reached two agreements on the Association: in 2013 and 2015, during the dialogue mediated by the EU.
However, the Constitutional Court said in 2015 that the Agreement on the principles for establishing the Association was not in full harmony with the highest legal act of the state. The Government of Kosovo has repeatedly expressed itself against an ethnic association.
Last year, the European Union presented the parties with a draft statute for the Association, which the Prime Minister of Kosovo, Albin Kurti, said he does not accept.
"It is important to recall that the establishment of the Association of municipalities with a Serbian majority is an obligation not implemented for a long time by Kosovo, which emerges from the 2013 dialogue agreement. This is the only dialogue agreement that has been ratified by the Assembly of Kosovo with two-thirds of the votes. Therefore, it is a clear obligation of Kosovo, according to international law," added Stano.
Although some bloc countries, such as France and Germany, have called on Kosovo to take concrete steps towards the establishment of the Association, Stano said that the dialogue mediated by the EU and Kosovo's request for membership in the Council of Europe are not related.
"The dialogue facilitated by the EU and Kosovo's request for membership in the Council of Europe are separate processes. However, both the EU and the Council of Europe are based on respect for the law, respect for human rights and the protection of the rights of minorities", emphasized Stano.
France, Germany and Italy have insisted in a letter sent to Prime Minister Kurti on May 15 that they support the draft statute proposed by the special envoy of the European Union for the Pristina-Belgrade dialogue, Miroslav Lajçak, for the establishment of the Association.
Meanwhile, the president of Serbia, Aleksandar Vučić, called on Thursday "fraud and frivolous efforts" from Kosovo's announcement that it intends to draw up a draft statute for the establishment of the Association.
Vucic said at the summit of the leaders of the Western Balkans and those of the EU, which is being held in Kotor, that Kosovo cannot make such a draft statute without the agreement of the neighboring state./ REL
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