‘Possible Options Relating to the Establishment of the Association of Serb Majority Municipalities,’ document of Lajcak’s Office sent to Kosovo PM Kurti
The Agreement on
establishment of the Association of Serb-majority Municipalities is one of the
issues expected to halt resumption of negotiations between Kosovo and Serbia.
Leader of the Vetevendosje and Prime Minister, Albin Kurti, during his
political journey as opposition leader has strongly opposed the Agreement, and
after becoming Prime Minister he said that there can be no monoethnic Association.
On the other hand, Serbia is insisting on the establishment of the “Zajednica”
(Community of Serbian Municipalities) whereas the EU asks parties to respect
and implement the agreements reached so far during the EU-facilitated dialogue
Gazeta Express got
hold of a document, reportedly was drafted by the office of the EU Special
Representative for Kosovo-Serbia dialogue, Miroslav Lajcak, which lists potential
options on establishment of the Association of Serb-majority Municipalities.
This document dubbed: “Possible Options Relating to the Establishment of the
Association of Serb Majority Municipalities,” has been sent to the Government
of Kosovo led by Albin Kurti.
The document offers
modalities on how to proceed with the establishment of the Association,
considering all developments which have happened and the ruling of the
Constitutional Court of Kosovo related to the Association.
(i) The competences
of the A/CSMM could be further detailed to include all subject matter in the
Law on Municipal Self-Government. In particular, the statute on the A/CSMM
should reiterate the provisions for “enhanced competencies” for Serb majority
municipalities that are included in the Law.
competencies of the A/CSMM could include explicit authority to establish the
five types of cooperative arrangement given in Articles 9 to 14 of the Law on
Inter-Municipal Cooperation. There should be further examination of the option
of a joint public institution as some form of this model may serve as the
principal form of cooperation within the A/CSMM.
(iii) The choice between “having” and “exercising” full overview could be avoided by adopting a different construction. The A/CSMM might “exercise” full overview regarding the competences of its member municipalities for economic development, education, health and urban and rural planning (as well as for “cultural affairs as in the Law on Local Self-Government), while “having” full overview of the policies and activities of the central authorities and other municipalities regarding their policies and activities in these areas.