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KosovoLocalGovernmentInstitute
ASSOCIATION/UNIONtwo names, two aims
Author: Besnik TahiriExecutive Director, Kosovar Institute for Local Governance
This publication is supported by the Friedrich Ebert Stiftung (FES)
July, 2015
Impressum
Editor:
Friedrich-Ebert-Stiftung
The editorial Office:
Friedrich-Ebert-Stiftung Office, Prishtinë, Kosovë
Pashko Vasa Str. 7 (Pejton Place) 10000 Prishtina
Tel: +381 38 221 108
+381 38 221 109
Fax: +381 38 221 110
Email: [email protected]
www.fes-prishtina.org
Printing and Production, Cover Design – July 2015
“Metton Reklama” - Podujevë
Copyrights: Kosovo Local Government Institute and Friedrich-Ebert Stiftung
Disclaimer
The views and opinions expressed in the report do not necessarily reflect the posi�on of Friedrich-Ebert-S��ung
Acknowledgement
I would like to express my apprecia�on and sincere gra�tude to everyone who contributed in this report.
Specially, I would like to thank Friedrich-Ebert-S��ung and the Norwegian Embassy for the support.
The research team: Mr. Besnik Muçaj, coordinator; Mr. Albinot Maloku, senior researcher;
Mr. Ilir Krasniqi, desk researcher: Mr. Granit Thaçi, field researchers and assistants;
Drenushë Isufi and Valmir Gashi.
2
3
ASSOCIATION/UNION - two names, two aims
INDRODUCTION.........................................................................................................................4
RESEARCH METHODOLOGY....................................................................................................5
I. THE CONTEXT.........................................................................................................................7
I. A. THE LEGAL CONTEXT PRISHTINA PERSPECTIVE.........................................................8
I. B. THE LEGAL CONTEXT BELGRADE PERSPECTIVE.......................................................10
II. THE RULING OF THE KOSOVO CONSTITUTIONAL COURT ON THE BRUSSELS AGREEMENT............................................................................11
III. THE RULING OF THE SERB CONSTITUTIONAL COURT ON THE BRUSSELS AGREEMENT............................................................................12
IV. THE PRISHTINA POSITION AND THE POINT OF VIEW ON THE ASSOCIATION............13
V. THE BELGRADE POSITION AND THE POINT OF VIEW ON THE ASSOCIATION............17
VI. THE POSITION ON THE ASSOCIATION FROM THE INTERNATIONAL COMMUNITY POINT OF VIEW................................................23
VI. ASSOCIATIONS IN THE DIFFERENT COUNTRIES OF THE REGION, A COMPARISON...................................................................25
The Republic Of Kosovo.............................................................................................................25
The Republic Of Montenegro.....................................................................................................25
The Republic Of Serbia..............................................................................................................25
Bosnia And Herzegovina............................................................................................................26
CONCLUSIONS.........................................................................................................................27
RECOMENDATIONS.................................................................................................................30
..
REFERENCES...........................................................................................................................31
INTRODUCTION
The Brussels talks, for and about Kosovo, between the �overnments of Kosovo and
Serbia, that have started as a technical dialo�ue but that have surely turned into poli�cal
ne�o�a�ons, have produced different conclusions and a�reements. S�ll, the First
A�reement of Principles Governin� the Normalisa�on of Rela�ons�, reached in Brussels
on 19 April 2013� and in which the ini�als of the par�es were si�ned� is both bein�
considered historical and challen�in�.
It is considered historic mainly in Kosovo while it's considered challen�in� both in Kosovo
and in Serbia. However, the challen�e is not perceived in the same way by the par�es and
it is so mainly because of different aims of the par�es from the same process. Both sides,
since the moment of the si�nin� of the ini�als, have interpreted the Brussels A�reement
in their own ways and interests. Appart from si�nin� the ini�als of the Prime Minister on
the paper, Serbia did not ra�fy the a�reement in their Parliament while Kosovo has
ra�fied it. The only procedural element in common for both countries about the
A�reement is that in both countries, by the ini�a�on of respec�ve MP's the a�reement
was sent in respec�ve Cons�tu�onal Courts for an opinion concernin� the le�ality and
cons�tu�onality of the a�reement. Both Courts have officially declined to �ive an
opinion on the interna�onal a�reement.
15 of the points of the Brussels A�reement have been set to mo�on. However, the most
important point, the Establishment of the Associa�on/Union of the Kosovo Serb
Majority Municipali�es is s�ll bein� discussed and Ne�o�ated.
With this report, the Kosovo Local Government Ins�tute will try to shed some more li�ht
on the issue. By applyin� a more detailed study from the le�al and poli�cal point of view,
by usin� compara�ve methods and by encompassin� the standin�s of the main par�es
and actors involved in the process as well as a number of professionals of the field, civil
society leaders and think tank representa�ves, we hope to offer to the reader a
comprehensive and useful document for both students of the field as well as for all the
people involved in the process of the dialo�ue.
� The official name of the agreement� In the rest of the text it will be referred as the “Brussels Agreement” or simply “the Agreement”� The former Prime Minister of Kosovo Hashim Thaçi, the former Prime Minister of Serbia, Ivica Dačić mediated by the Baroness Catherine Ashton of the EU
4
ASSOCIATION/UNION - two names, two aims
As ar�ued above, the Associa�on/Union of the Kosovo Serb Majority Municipali�es� is
amon�st the most important points of the A�reement if not The most important. It is
described in points 1 to 6 and it has been paid a lot of a�en�on. Yet, it is s�ll not bein�
implemented. KLGI has iden�fied a ran�e of disputable but very important elements of
the A�reement. They are as follows; 1. The le�al arran�ement of the A/USM, 2. The field
of Competences of the A/USM, 3. The Statute of the A/USM, 4. The poli�cal powers of
the A/USM, 5. The rela�ons of the A/USM with Kosovo and it's ins�tu�ons, 6. The
Rela�on of the A/USM with the state of Serbia, 7. The rela�on of the A/USM with the
third par�es. While analysin� the reported materials, le�al or poli�cal, from both
perspec�ves, of Kosovo and Serbia, we have reached a conclusion that there are two
different �oals that par�es want to achieve, while both aim in doin� that throu�h the
Kosovo le�al system. As a star�n� point, we have considered the different points about
the way the associa�on/union will be called. We have concluded that the problem of the
name is the �p of the iceber� and it just hi�hlits the different aims on the dialo�ue
process.
THE RESEARCH METHODOLOGY
The KLGI in this paper has used a research methodolo�y that has brou�ht to focus a
variety of standin�s and opinions. It was made possible to understand the issue more
deeply and to offer a ran�e of solid recommenda�ons. It is aimed that the
recommenda�ons will be useful for the policy makers. The unfoldin� of the events as
well as the very defini�on of the A/USM will have lon� term implica�ons in the lives of all
ci�zens of Kosovo and in the quality of our democracy. The research methods were as
follows:
· Gatherin� and structurin� the views from different media reports on the A/USM,
mainly from the Prish�na and Bel�rade television, newspapers and online media. · Gatherin� and structurin� the views from the official posi�ons of the main
�overnment actors both in Prish�na and Bel�rade, Presidents, Prime Ministers and the
Ministers of Forei�n Affairs.· Gatherin� and structurin� the views from the main interna�onal actors on the
issue, in Prish�na, Bel�rade and Brussels.· The analysis of the rulin�s of the Cons�tu�onal Courts of Kosovo and Serbia on
the issue of the cons�tu�onality of the a�reement with the respec�ve cons�tu�ons.
�In the rest o� the text, the Associa�on/Union o� the Kosovo Serb Majority Municipali�es A/USM
5
ASSOCIATION/UNION - two names, two aims
The study did also used direct interviews with - Hi�h �overnment officials both in Kosovo and Serbia.- Kosovo local �overnment representa�ves- Representa�ves of the civil society, ac�ve on the issue- Academics and researchers on the cons�tu�onal ma�ers in Prish�na and
Bel�rade- Media representa�ves from both ethnic �roups, Albanian and serb, in Kosovo and
also in Serbia- The mayors of Mitrovica South and Mitrovica NorthThe specificity of the issue has forced us to use dual namin� on certain issues but on the
le�al ma�ers we refer solely to the Kosovo cons�tu�onal terminolo�y. The whole
methodolo�y is oriented towards findin�s that would eventually offer possibili�es for
stability and fulfilment of the needs, first of all for the ci�zens of Kosovo and specifically
for the ci�zens of the municipali�es that will make the 'associa�on/union'.
6
ASSOCIATION/UNION - two names, two aims
I. THE CONTEXT
The main component of the Brussels A�reement that s�ll remains to be implemented is
the crea�on of the Associa�on/Union of the Serb Majority Municipali�es in Kosovo. In
contrast with other points such as the courts and the police in the north of Kosovo, that
have started bein� implemented, this part of the a�reement is s�ll raisin� many tensions.
One of the first and the most important points of the a�reement is s�ll bein� discussed.
Actually, almost no one is dispu�n� the fact that the subject is much more a poli�cal than
a le�al dispute. Star�n� from the very name, A/USM shows two different aims. We will
start by explainin� the meanin� of both the associa�on and the union referin� to the
Oxford Dic�onary of En�lish Lan�ua�e. The associa�on is a �roup of people havin� the
same interests. While the Union is the act of uni�n�, of joinin�, in a structured form, of
people livin� in the same place with the same or similar characteris�cs. In the Serb
version of the A/USM the word “zajednica” is used and it is a simple transla�on of the
En�lish word “union”.
We have put the previous para�raph in such a way only to hi�hli�ht two points: first, to
prove that there are two different interests (aims), on the ins�tu�onal structurin� of the
Serb community in Kosovo and second, to show that while the Union should have a
func�onin� structure per se, the Associa�on, apart from condi�onally bein� able to
preserve cultural, ethnic, reli�ious or other iden�ty, should not have a func�onin�
structure per se. This whole explana�on is literally theore�c, since accordin� to the
a�reement, the A/USM will have its President, vice-President, the Assembly and the
council�, and every detail will be framed similarly to the Associa�on of the Municipali�es
of Kosovo. Even thou�h the A�reement uses two names, the Kosovo law uses only one
name, “the Associa�on” so in case a new name should be adopted, a number of Kosovo
laws should chan�e. While observin� this framework and the differences between the
par�es, we can conclude that the Brussels A�reement is not the final solu�on of the
problem but the be�innin� of new le�al trouble for Kosovo. The A�reement does not
specify that the A/USM will have execu�ve powers but completely representa�ve with a
monitorin� func�on that s�ll has to be defined. Because of the fact that the defini�on of the A/USM is not possible at this point in �me
we did not dedicate it much space in the report. We will pay more a�en�on to the le�al
and the poli�cal context and also to the different ways have understood the A/USM and
especially the past and current official posi�ons of the hi�h level �overnment officials in
Kosovo and Serbia.
�First A�reement o� Principles Governin� the Normaliza�on o� the Rela�ons, 19. April 2013, Point. 3
7
ASSOCIATION/UNION - two names, two aims
a) THE LEGAL CONTEXT Prish�na perspec�ve
The Kosovo Cons�tu�on that has entered into force on June 15. 2008 defines solely two
levels of �overnance in Kosovo, the Local (or municipal) and the central one. The
or�aniza�on and the func�onin� of the municipal level of �overnance is re�ulated by the
Law on Local self-�overnment in Kosovo�.
Apart from adop�n� relevant primary and secondary le�isla�on and passin� of wide
competencies to the municipali�es, derivin� from this law, new municipali�es were
created as well, mostly Serb majority ones. Star�n� from the posi�on and the powers
that the municipali�es have based on this law, includin� the Serb Majority
Municipali�es, almost all the analysis of the researchers, Kosovar and Interna�onal, have
concluded that the powers of the local �overnment in Kosovo have been well defined
and properly dele�ated.
So the first step towards fulfillin� the requirements for decentraliza�on in Kosovo has
been made, especially for the serb ethnic community in Kosovo. The Le�al re�ula�ons
have set the framework.
The Brussels A�reement that defines the requirement for the establishment of the
A/USM also states that the A/USM will be established based on the competencies
defined by the Kosovo law�. If the case is simple, meanin� the exis�n� law, than it should
be noted that the actual law does not foresee any addi�onal competencies for
municipali�es or the associa�on. Furthermore, the current law does not 'reco�nize' the
name “union” but only the name associa�on.
If the a�reement will be different, we should be thinkin� of complicated and difficult
procedures for addop�n� a new law. And s�ll, as noted above, the name itself is not the
most difficult issue.
An addi�onal difficulty for the crea�on of the A/USM is it's very le�al status which, if it is
created based on the Kosovo Cons�tu�onal order, will not be able to press char�es or be
char�ed in the courts or even to raise cases before the Cons�tu�onal Court, to own or to
mana�e municipal property, to own or co own any municipal asset or interest company. This is all due to the fact that it will be in collision with the Law on Local Self Government
and other le�isla�on that re�ulates ownership rela�ons and competencies in Kosovo.
�The Law on Local Sel� Government (Law Nr. 03/L-40) h�p://www.kuvendikosoves.or�/common/docs/li�jet/2008_03-
L040_al.pd��The use o� the concept “under Kosovo Law” has no direct meanin� since it does not speci�y which law or even i� this is understood
as “in con�ormity with the powers de�ned by the European Charter on Local Sel� Government.
8
ASSOCIATION/UNION - two names, two aims
The definin� of the boundaries of the A/USM by bypassin� the actual municipal
boundaries in Kosovo would also be in direct collision with the Kosovo law.
It should be stated here that based on the Law on Local Self Government in Kosovo the
municipali�es enjoy the ri�ht to associate and to become members of non profit
or�aniza�ons of a juridical person, that protect and promote the interests of local
authori�es while the main objec�ve should be the encoura�ement of the applica�on of
the rules derivin� from the European Chart on the Local Self Government that, as such
aims towards the coordina�on of the interests of respec�ve municipali�es. Based on
this, the crea�on of the 'Associa�on of the Kosovo Serb Majority Municipali�es' cannot
be prevented, as lon� as it remains as an associa�on that represents and promotes the
ri�hts of the communi�es that �overn those municipali�es. Such an associa�on can be
created also based on poli�cal or other affilia�on.
In contrast to all what was said above, the A/USM should be cons�tuted based on the
a�reement that was ini�alized by Kosovo and Serbia by their respec�ve Prime Ministers.
This a�reement was also ra�fied in the Kosovo Assembly�, an act that also explains the
Kosovo a�tude and understandin� towards A/USM, as a crea�on that will not require
the chan�e of the applicable law in Kosovo.
�Law Nr. 04/L-199 on the ra��ca�on o� the First Interna�onal A�reement Governin� the Principles o� the Normaliza�on o�
Rela�ons Between the Republic o� Kosovo and the Republic o� Serbia
9
ASSOCIATION/UNION - two names, two aims
b) THE LEGAL CONTEXT Bel�rade Perspec�ve
In the cons�tu�on of the Republic of Serbia, more precisely on the chapter that re�ulates
the territorial aspects of Serbia it stands, that the republic of Serbia has it's Autonomous
Province of Vojvodina and the Autonomous province of Kosovo and Metohija as well as
the local units as municipali�es, ci�es and the city of Bel�rade. Amon�st others, it is
stated that “the substan�al autonomy of the Autonomous Province of Kosovo and
Metohija shall be re�ulated with a special law that will be adopted with the same
procedure as the one for the chan�e of the cons�tu�on�”. Despite this provision Serbia
din neither, nor did it chan�e the cons�tu�on nor adopted the special law that re�ulates
the substan�al autonomy for 'Kosovo and Metohija, as the current cons�tu�on requires.
No doubt that what Serbia requests re�ardin� the A/USM and what is wri�en in its
Cons�tu�on are in contradic�on. This, amon�st other thin�s, means that Serbia is also
the party that is slowin� down the crea�on of the A/USM in Kosovo.
In a purely le�al aspect, the insis�n� of Serbia in presen�n� Kosovo as the Inte�ral part of
the Republic of Serbia and the call for a poli�cal deal that completely distorts the internal
cons�tu�onal arran�ements is neither ra�onal nor lo�ical. The decentraliza�on in
Kosovo has been a �enerous plan althou�h much imposed by the Ah�saari Plan (that was
not accepted by Serbia). The Bel�rade ini�a�ves and the pace of the implementa�on of
the already reached a�reements combined with the above men�oned ar�ument
hi�hli�hts the fact that lack of an a�reement that establishes the A/USM is not solely the
'fault' of Prish�na. Bel�rade did not show a clear commitment as well.
�Ustav Republike Srbije, 2. Autonomne Pokrajine, Clan 182, strana 90. Sluzbeni Glasnik, 2007, Beo�rad
10
ASSOCIATION/UNION - two names, two aims
II. THE RULING OF THE KOSOVO CONSTITUTIONAL COURT ON THE BRUSSELS
AGREEMENT
A�er the ra�fica�on of the First A�reement Governin� the Principles of the
Normalisa�on of Rela�ons between the Republic of Kosovo and the Republic of Serbia��
by the Kosovo Assembly, Visar Ymeri and eleven other Members of the Assembly asked
the Cons�tu�onal Court for an opinion re�ardin� the cons�tu�onality of the A�reement.
The Cons�tu�onal Court did take the case, analysed it and brou�ht the rulin� Nr.
KO95/13 accordin� to which the request for an opinion by Visar Ymeri and 11 Members
of the Assembly of Kosova on the cons�tu�onality of the Brussels A�reement was
refused because it fell outside the domain of the Court��.
However, the Cons�tu�onal Court did not clarify the issue en�rely. If an interna�onal
a�reement does fall outside of the domain of the Cons�tu�onal Court rulin� than an
explana�on is needed on the cons�tu�onal and le�al implica�ons of the implementa�on
of the a�reement and whether a new le�al situa�on is needed for this ac�on.
�� The request o� Visar Ymeri and eleven other Members o� the Assembly to the Cons�tu�onal Court, the case Nr. KO��⁄�� was
submi�ed with re�erence to the Republic o� Kosovo and the Republic o� Serbia, by precizin� amon�st which en��es the
a�reement was reached althou�h the o�cial name o� the document does not contain the names o� the par�es as “the
Republic o�…”�� The Cons�tu�onal Court o� Kosovo Akt�jykim në Ras�n Nr. ��KO/��,
h�p://www.�jkks.or�/repository/docs/�jkk_ko_��_��_shq.pd�
11
ASSOCIATION/UNION - two names, two aims
III. THE RULING OF THE CONSTITUTIONAL COURT OF SERBIA ON THE
BRUSSELS AGREEMENT
UNLIKE Kosovo, Serbia did not ra�fy the a�reement. S�ll, in Serbia the Cons�tu�onal
court was also asked about the cons�tu�onality of the a�reement��. The Cons�tu�onal
Court of Serbia did rule that the ini�aliza�on of the A�reement was in viola�on with the
Cons�tu�on of Serbia and requested from the �overnment to make the necessary
chan�es within a limited �me. Since this could not be done, the than Minister of Jus�ce,
Nikola Selaković �ave the ar�ument that the Brussels A�reement was not a le�al but a
poli�cal act and that the Cons�tu�onal Court of Serbia should Rule that it is outside of
the domain of the Court to rule on the ma�er. Based on the proposal put forward by
Minister Selaković, the Cons�tu�onal Court of Serbia ruled out the proposi�on on
evalua�n� the cons�tu�onality and the le�ality of the Brussels A�reement under the
case Nr. IUo-247/2014. This does mean that the Cons�tu�onal Court of Serbia ruled that
the A�reement was not a le�al act but a poli�cal one and as a consequence no ci�zen of
Serbia is le�ally obli�ed to respect the rules of the A�reement.
Seen from this perspec�ve, Serbia does not have any le�al backin� for the
implementa�on of the A�reement. It is all converted into a poli�cal opera�on for the
new internal cons�tu�onal arran�ement of Kosovo where Serbia does not have any
jurisdic�on de facto. This has to a certain de�ree improved Serbia's internal challen�es as
well as their posi�on vis-à-vis the interna�onal community.
��Ustavni Sud Republike Srbije, Zaključak, Br. IUo-���⁄����, h�p://sl�lasnik.in�o/sr/��-��-��-����⁄�����-zakljucak-ustavno�-suda-broj-iuo-
���-����-i-izdvojena-misljenja-sudija.html
12
ASSOCIATION/UNION - two names, two aims
IV. THE POSITION ON THE ASSOCIATION, the Prishtina viewpoint
The hi�hest �overnment officials of Kosovo have held suppor�n� posi�ons on the
Brussels A�reement, at points even considerin� it a historical A�reement. The President
of the Republic of Kosovo, A�fete Jahja�a in one of the statements, called the A�reement
a new pa�e in the rela�ons between Kosovo and Serbia. “The Brussels A�reement
between Kosovo and Serbia, facilitated by the European Union and with the full support
of the United States marks a new pa�e in our rela�ons, it is a direct contribu�on towards
peace and stability, mutual a�reements and coopera�on in the benefit of the ci�zens of
our countries. This is also a precondi�on for both our countries in our path towards
European inte�ra�on��.” In another statement on the crea�on of the A/USM president
Jahja�a stated that “the Associa�on of the Serb Municipali�es does not imply a poli�cal
and territorial autonomy neither the second or the third layer of �overnance but
coopera�on between municipali�es, as it is provided by our Cons�tu�on��” the office of
the President of Kosovo never did specify as to how will the A/USM will be created
accordin� to our Cons�tu�on, it just did state that it should.
The former Prime Minister of Kosovo, who did put his ini�als on the paper of the Brussels
A�reement, has considered the A�reement a “model” as to how re�ional problems
should be solved. “The 19th of April A�reement should serve as a model of solvin�
disputes that bother our re�ion and much wider��” Mr. Thaçi was quoted sayin� in the UN
Security Council Mee�n�. Amon� others, Mr. Thaçi has '�uaranteed' that the associa�on
is solely a consulta�ve body and nothin� more. “The statute, the form, the or�aniza�on
and the func�onin� of this body will be completely in conformity with the law and the
cons�tu�on of Kosovo and the 19th April A�reement reached in Brussels. So any other
preten�on or any other interpreta�on, for a different func�onin� will be unacceptable
and not implementable.
This is the posi�on of the Republic of Kosovo and of the European Union��.” Later he has
added that the Associa�on of the Municipali�es “will be a consulta�ve mechanism, non-
obli�atory and will have no execu�ve or le�isla�ve powers under any circumstances��.”
��Jahja�a: noone looses with this a�reement; h�p://www.president-ks�ov.net/?pa�e=1,10,2867#.VX�zpv-qqkp ��Asociacioni i Komunave Serbe vetëm, sipas Kushtetutës së Kosovës; h�p://www.tele�ra�.com/lajme/asociacioni-i-
komunave-serbe-vetem-sipas-kushtetutes-se-kosoves-2-38571.html ��The presenta�on o� Prime Minister Hashim Thaçi in �ront o� the UN Security Council Mee�n� h�p://www.kryeministri-
ks.net/?pa�e=1,9,4001 �� Thaçi: the Associa�on o� the Serb Municipali�es is not a Republic; h�p://www.evropaelire.or�/content/ar�cle/��������.html �� Ibid
13
ASSOCIATION/UNION - two names, two aims
The new Prime Minister, Isa Mustafa has supported the Brussels A�reement and has
pled�ed to fulfil all the obli�a�ons that derive from it��. He did especially refer to the
crea�on of the A/USM. He said that “the A�reement reached last year in Brussels as well
as other a�reements, have contributed in the improvement of the lives of the ci�zens in
the socio-economic plan, in the free movement and security, in the inte�ra�on of the
Kosovo Serb ci�zens of the north in the state ins�tu�ons of Kosovo, in the dismantlin� of
the Serb ille�al structures in the fields on which the a�reements were reached.” He did
link thou�h, the establishment of the A/USM with the solu�on on the issues of Jus�ce
and the dismantlin� of the civil protec�on structures, he has said that “findin� the
solu�on on the issues of jus�ce and the dismantlin� of the civil protec�on structures,
that will be of a priority in the followin� mee�n�s, will create an opportunity for the
discussion on the crea�on of the Associa�on of the Serb Majority Municipali�es based
on the exis�n� Kosovo law and the Cons�tu�on of the Republic of Kosovo as it is provided
by the Brussels A�reement��.”
Kosovo analysts and students of the social and poli�cal condi�ons, asked by the KLGI
researchers, have �iven different views, explana�ons and ar�uments on the A/USM. Riza
Smaka, the professor of the Cons�tu�onal Law, considers that the law on establishin�
A/USM “should not in any case contain any clauses that will be in a viola�on with the
Cons�tu�on and that would eventually create condi�ons for a poli�cal autonomy, an
administra�ve autonomy is already provided by law��.” He did �o on to explain that “the
crea�on of the Union, means in itself the crea�on of an ethnically based en�ty and as
such, it would be in a direct viola�on with ar�cle 1 of the Cons�tu�on of the Republic of
Kosovo that states that Kosovo is an independent, soverei�n, democra�c, unique and
undividable state and that it is a state of it's ci�zens. The scale of the independence of the
union of the Serb Majority Municipali�es will determine the cons�tu�onal character of
our country and not only, it will determine whether it will be a republic, or a
federa�on?��”
When asked what he believes on the inte�ra�on of the Serb community and the crea�on
of the A/USM, Smaka answers: “the crea�on of the Associa�on of the Serb Majority
Municipali�es under the circumstances will unfortunately create condi�on for further
isola�on of the Serb community from the rest of the ci�zenry of Kosovo. I do not know
how lon� that situa�on would last, but I am sure it will last enou�h if not forever. I believe
that any solu�on to the issue should be based on the Ar�cle 1 of the Cons�tu�on��.”
�� Remarks o� Prime Minister Musta�a in the Kosovo Assembly, h�p://www.kryeministri-ks.net/?pa�e=�,�,���� ��Ibid��Interview with Pro�. Riza Smaka��Ibid��Ibid
14
ASSOCIATION/UNION - two names, two aims
In contrast with Prof. Smaka, Prof. Nexhmedin Spahiu says that the A/USM is just another
name for 'Republika Srpska'. “The Serb community in Kosovo is poli�cally very stron�, so
the crea�on of the A/USM will not �rant them with more powers, it will just set the way
for more Bel�rade control over them. Moreover, with the crea�on of the Associa�on,
Serbs will not inte�rate; they will just formalize their isola�on��.”
The Mayor of Mitrovica South Municipality, A�im Bah�ri, thinks that the very name of
the Associa�on of the Serb Majority Municipali�es is insul�n� for other communi�es
that live in Kosova and in these municipali�es. He believes that it should be called “the
Associa�on of the Northern Kosovo Municipali�es��” he believes that the Associa�on is a
poli�cal crea�on and that in the future “there will be addi�onal poli�cal requests that
neither Kosovo nor the Interna�onal community will be willin� to �rant.��”He does not
believe that the very idea of the crea�on of the Associa�on has started with the aim of
providin� be�er services to the ci�zens or to improve the coopera�on between
municipali�es, a�ain, in the best interests of the ci�zens.
Naim Rashi� from the Interna�onal Crisis �roup has yet another viewpoint. He believes
that “the crea�on of the Associa�on is one of the key elements of the A�reement and
that, in the administra�ve aspect, it will wrap up the inte�ra�on of the Kosovo Serbs in
the Ins�tu�onal life of Kosovo and that it will completely eliminate the parallel
ins�tu�onal set up of Serbia in Kosovo��.” He adds that “s�ll the very no�on of the
Associa�on is not defined precisely; there are double meanin�s in almost every element
of it, star�n� with the lan�ua�e used to describe it but not only that��.” He believes that
the no�on of the associa�on was used differently by different par�es. In the north it was
used to sell the Brussels A�reement to the local popula�on, for example. He also adds an
important element to him, “the expecta�ons on the Associa�on were deliberately
lowered in Prish�na and amon�st Albanians, while in Bel�rade and amon�st Kosovo
Serbs they were raised.
The Brussels A�reement is supposed to be a win-win situa�on for both Kosovar
Albanians and Serbs, and I believe it is so. In the other hand, Serbia does not see it as a
win-win situa�on for them, so they play a different card, they want to �et the most for the
Associa�on so that they can control the Kosovo Serbs and use them as a bar�ainin� chip
for the EU. Inside Kosovo, as men�oned, Kosovar Albanians will �et the full soverei�nty
and territorial inte�rity; will stabilize the judicial situa�on in the north etc., while Kosovo
Serbs will win a hi�her de�ree of autonomy, beyond 'Ah�saari'��.”
��Interview with Nexhmedin Spahiu�� Interview with A�im Bah�ri, Mayor o� Mitrovica South��ibid��Interview with Naim Rashi���ibid��ibid
15
ASSOCIATION/UNION - two names, two aims
He also believes that there can be no situa�on in which the week municipali�es will
create a stron� Associa�on but quite in contrary. Stron� municipali�es can create a
stron� Associa�on. Rashi� does not see the A/USM as a different name for 'Republika
Srpska' even thou�h he thinks that there is an open ambi�on of some people to it. He
ar�ues that Republika Srpska has a veto power, an army, its own police etc., these are all
elements that the Associa�on will not have. He believes that Serb majority municipali�es
should be stren�thened and not wait for the crea�on of the Associa�on.
The Former Minister of Local Governance Administra�on, Sadri Fera� believes that the
crea�on of the Associa�on will be a real challen�e for Kosovo. He also insists that the
le�al and Cons�tu�onal order of Kosovo should be preserved in the current form. He
does not believe that Bel�rade aims are towards “crea�n� condi�ons for be�er life for
Kosovo Serbs, ensurin� their ri�hts, and the development of the community, in contrary,
Serbia wants to establish a de jure control over Kosovo Serbs and have a hi�h de�ree of
influence in Kosovo��.” Fera� thinks that the Associa�on should be a voluntary
connec�on of the municipali�es and that it should not be locked. The associa�on should
not be able to make bindin� decisions for municipali�es, he adds. He believes stron�ly
that Kosovo should not in any case allow for the middle layer of �overnance. He believes
that under normal condi�ons, an Associa�on should be suppor�ve for the inte�ra�on of
the minority communi�es but in this case he is scep�cal. Fera� thinks that the a�empt to
create boundaries for the associa�on will represent e brutal breach of the Cons�tu�on of
Kosovo and the Law on Local Self-Government. He thinks that the associa�on can have its
symbols but ones that will be acceptable for all communi�es livin� in the municipali�es
that will form the Associa�on. He believes that Kosovo should not be afraid of the
Brussels A�reement but of elements that want to make Kosovo dysfunc�onal.
��Interview with Sadri Fera�
16
ASSOCIATION/UNION - two names, two aims
V. THE POSITION ON THE ASSOCIATION Belgrade viewpoint
Before the Brussels A�reement was ini�alized, the President of Serbia, Tomislav Nikolić
presented an idea called “The poli�cal Pla�orm for the talks with the representa�ves of
the Provisional Ins�tu�ons of self -�overnment of Kosovo” amon�st other thin�s, in the
'pla�orm' it is said that “The Republic of Serbia, insists on the crea�on of the
Autonomous Union of the Serb Municipali�es in Kosovo and Metohija which will be a
territorial union of four northern municipali�es and other municipali�es with Serb or
other community majori�es e.�. Gračanica, Strpce, Gora etc. this Union will have its
unique Statute for the autonomy of the Union �uaranteed by the Cons�tu�on of the
Province and the public declara�on by the representa�ves of the interna�onal
community involved in the process��” star�n� from this, it is clear that when the
President of Serbia talks about the A/USM, he talks about an autonomous union, in fact
an autonomy within an autonomy, since Kosovo is referred to as an Autonomous
Province of Serbia. Mr. Nikolić at one point did say that Prish�na was �ivin� up but never
specified on what, while later he has said that “this Union cannot make laws but it can
make its own rules within the framework of the laws that in the end of the day all
European countries have. On this we do not differ much since there are many unions alike
that live in peace and freedom��” he is s�ll insis�n� that the A/USM should be
autonomous and that it should have the same de�ree of autonomy that Kosovo enjoyed
under 1974 Cons�tu�on of SFRJ��The Prime Minister of Serbia, Aleksandar Vučić has told Kosovo Serb ci�zens that
“althou�h the Brussels A�reement is not perfect, the people should not be afraid of it��”
he has added that the A�reement is a result of 'what could be achieved'. The fact that he
did not have his ini�als on the paper of the A�reement and that he was not directly
responsible for the A�reement le� him with more space to maneuver and convince some
of the local Serb leaders that the deal was done before and it was accepted. He did
become the successor in the dialo�ue with his counterpart Isa Mustafa of Kosovo. Vučić con�nued to support the 19th of April A�reement but stressed out that everythin�
will be discussed in detail. He has said that A/USM is the only remainin� item from the
Brussels A�reement that we did not solve and he hoped that in the near future the two
par�es will come closer to an a�reement��.
��Poli�čka pla�orma za raz�ovore sa predstavnicima privremenih ins�tucija samouprave u Priš�ni,
h�p://www.predsednik.rs/lat/pres-centar/ves�/poli�cka-pla�orma-za-raz�ovore-sa-predstavnicima-privremenih-ins�tucija ��Tomislav Nikolić je prvi put jasno rekao da Zajednica srpskih opš�na na Kosovu neće moći da ima zakonodavnu i izvršnu
vlast. h�p://srb.�ondsk.ru/news/2013/03/14/tomislav-nikolic-ie-prvi-put-iasno-rekao-da-zaiednica-srpskih-ops�na-na-
kosovu-nece-moci-da-ima-zakonodavnu-i-izvrsnu-vlast..html ��SFRJ Socialist Federa�ve Republic o� Yu�oslavia��Vučić: Ne plaši� narod sporazumom;
h�p://www.b92.net/in�o/ves�/index.php?yyyy=2013�mm=05�dd=12�nav_cate�ory=640�nav_id=713043 �� Aleksandar Vučić: Pos��nut određeni napredak, nema do�ovora o ZSO; h�p://www.nspm.rs/hronika/aleksandar-vucic-
pos��nut-odredjeni-napredak-nema-do�ovora-o-zso-isa-musta�a-%E2%80%93-zajednica-srpskih-ops�na-kora-bi�-u-
okvirima-zakona-kosova.html?alphabet=l
17
ASSOCIATION/UNION - two names, two aims
The current Minister of Forei�n Affairs of Serbia and the Former Prime Minister who had
put the ini�als on the paper of the A�reement, Ivica Dačić told the Parliament of Serbia
that “the Brussels A�reement is an opportunity for Serbia to try and protect its state and
na�onal interests in a different way, and not celebrate our defeats��” he did ar�ue that
the Brussels A�reement is the most they could do at that sta�e. Accordin� to him, with
the A�reement it was made possible to con�nue towards European inte�ra�on that is, a
key interest for the Serb people. He believed that Serbia did mana�e to brin� the talks on
Kosovo in the “level of equals and while we have the consent of the President, we need
the approval of the Parliament��.” On several occasions, Minister Dačić has noted that
they (Serbia) are aware that Kosovo does not want the A/USM to turn into Republika
Srpska while Serbia does not want the A/USM to be an NGO. In the last address to the UN
SC Minister Dačić has said that “the Republic of Serbia, dedicated, consciously and within
the �me limits is fulfillin� all the obli�a�ons that came out of the A�reement. I express
my sa�sfac�on that even in the last report, the meanin� of the crea�on of the Union of
the Serb Majority Municipali�es is reco�nized since this represents the key issue for the
Republic of Serbia and its dedica�on to fully implement the Brussels A�reement��.”
The former Head of the Serb dele�a�on on the technical talks between Kosovo and
Serbia, a Member of the Parliament of Serbia and the vice President of the Democra�c
Party, Borko Stefanović, says that “the A/USM does not remind him of 'Republika Srpska'
althou�h there is a lot of fuzz in Kosovo about it. A/USM is a �ood thin� that has come out
of the Brussels A�reement and I support the idea��” he ar�ues that “the A/USM is an idea
that creates the possibility for the connec�on between municipali�es with Serb majority
in Kosovo, a structure that will deal with precisely dele�ated tasks, first and foremost
with preservin� the iden�ty, educa�on, culture, health care and some infrastructural
projects that could be ener�y althou�h it is not foreseen��.” He is aware that there are s�ll a number of disa�reements between Bel�rade and
Prish�na and that the talks will not be easy. With an elaborate tone, he explains the
differences between Republika Srpska and the Associa�on. “ Republika Srpska is a
crea�on of the cons�tu�onal condi�ons while A/USM is the crea�on of the Kosovo Law,
there is a clear dis�nc�on between the two.When the Dayton Bosnia was created, it was
composed of two en��es and the Bosnian Cons�tu�on.
�� : Prilika da razumno branimo interese; h�p://�oo.�l/n�JcKW��Ivica Dačić: Da nismo potpisali Briselski sporazum ne bismo otvorili pre�ovore sa EU; h�p://www.nspm.rs/hronika/ivica-
dacic-napredak-u-eu-je-poli�cko-pitanje-da-nismo-potpisali-briselski-sporazum-ne-bismo-otvorili-pre�ovore.html?alphabet=l �� Govor prvo� potpredsednika Vlade Srbije i ministra spoljnih poslova Ivice Dačića na sednici Saveta bezbednos� Ujedinjenih
nacija o radu UNMIK-a; h�p://www.m�a.�ov.rs/sr/index.php/o-ministarstvu/ministar/�ovori/15292-2015-05-26-15-41-
55?lan�=lat w�� Interview with Borko Ste�anovic��ibid
18
ASSOCIATION/UNION - two names, two aims
A/USM is a crea�on of the Brussels A�reement and the law that should be created in
Prish�na. Based on this, I do not think that there should be any hesita�on or
misunderstandin� that A/USM will be the nucleus of a future state within a state or that it
represents the be�innin� of the future division of Kosovo��” he believes that the crea�on
of the A/USM as a supra municipal structure, everybody will win. Serbia, Kosovo Serb and
Kosovo ci�zens and also poli�cians both in Serbia and Kosovo will win. What is more
important stresses Stefanović, the ci�zens who live there want to have a supra municipal
structure that will deal with health care security, educa�on, informa�on, infrastructure
and some other thin�s that in any way are part of the European Autonomist tradi�on. He
believes that it was the very Idea of the A/USM that helped �et the Kosovo Serbs to
par�cipate in the Kosovo Elec�ons. He believes that A/USM does not represent a
separa�st or irreden�st aspira�on.
On the ques�on whether he believes that the crea�on of the A/USM will help or hinder
the process of inte�ra�on of the Serb community in Kosovo he answers that Serbs are
already inte�rated. He is aware that the Cons�tu�on of Serbia represents an addi�onal
complica�on to the ma�er since accordin� to it, Kosovo is an autonomous province and
the local �overnance is already re�ulated. S�ll, he believes that the moment of chan�e of
the cons�tu�on will not be an anachronism with the whole process. We should reco�nize
that Kosovo exists, he adds. “Kosovo has its ins�tu�ons, where people live and where
they already have and brin� their new laws throu�h a democra�c procedure. Simply, we
do not need to reco�nize Kosovo but we need to reco�nize its existence and learn to
cohabitate with it��”
Aleksandar Senić, a member of the Parliament of Serbia from the Social Democra�c Party
says that the basic need for the crea�on of the A/USM is to improve services to the Serb
popula�on in Kosovo. He is aware that “the A/USM should be created by the Kosovo Law
and that perhaps some of them need to be chan�ed since today there is no le�al way to
create the medium layer of �overnance.
This is the first thin� that needs to happen so that this Union is not merely an NGO with
no execu�ve powers��.” He believes that A/USM should be Prish�na oriented since the
Bel�rade support for it is self-evident.
��ibid��ibid��Interview withAleksandar Senić
19
ASSOCIATION/UNION - two names, two aims
The Former Minister for Kosovo under the Kostunica �overnment, Slobodan Samardzić
sais that there was an idea about an asymmetrical system of local �overnance for Kosovo
Serb majority municipali�es which would have certain possibili�es of links between
them but also with other municipali�es of Kosovo. S�ll he believes that “the Brussels
a�reement was imposed on Serbia and that the �overnment has made a fatal mistake by
�ivin� up to the EU without anythin� in return��.” He did not want to comment a lot
neither for A/USM or the Brussels A�reement but he called it a “ro�en vehicle” that is not
bein� implemented. He does see the A/USM as an autonomy of the Serbs as a minority
within the Kosovo framework even thou�h, accordin� to him, in the Brussels A�reement
paper it does not have the elements of an autonomy but rather a sort of possible links
between municipali�es without addi�onal competencies that would define it as an
autonomy. Accordin� to him, if the A/USM would have Judicial and execu�ve powers,
than it would look like autonomy. With an opposi�on tone, he believes that with the
implementa�on of the A/USM the victor will be Kosovo as an independent country since
it will be able to present the Serb ques�on as solved while the Serb community there, will
have to live within the borders of that state and will have to act accordin�ly to its rules.
Vuk Drasković, former Deputy Prime Minister and Minister of Forei�n Affairs of Serbia
and Montene�ro thinks that “the Brussels A�reement has opened the window of hope
for the normaliza�on of 'all' rela�ons between Kosovo and Serbia��.” He told our
researcher that he even did not want to call these rela�ons between Pris�na and
Bel�rade but between Serbia and Kosovo. He believes that the A�reement should be
implemented to the last point.
He believes that the E/USM is a European solu�on to the similar situa�ons and not a new
state within a state. He does not believe that the A/USM is similar to Republika Srpska in
any instance but rather a union within the limits of the European Chart on Local Self
Government. He understands that the municipali�es in Kosovo have much more
competencies that those in Serbia but he does not think that anythin� is bein� overdone
with the A/USM. He even asked our researcher not to measure anythin� with what
Serbia has, since Serbia should not be a measure to anyone. He believes that the A/USM
main office should not be located in Mitrovica North but in Gračanica since in the
mytholo�ical and cultural aspect, all the serb churches and monasteries are located in
the southern part of Kosovo and not in the northern one.Sonja Biserko, the Director of
the Serb Helsinki Commi�ee ar�ues that Serbs are con�nuously tryin� to �ive a different
interpreta�on about the content and the competencies of the A/USM.
��Interview with Slobodan Samardzić��Interview with Vuk Drasković
20
ASSOCIATION/UNION - two names, two aims
She is also aware that the A/USM should be created accordin� to the Kosovo law. She
says that it is obvious that “a certain part of the Serb poli�cal elite want to create A/USM
as Republika Srpska. But I believe that it would be bad for everyone. It would be bad for
Kosovo and for the Serb community, it would be bad for Kosovo since it would destroy its
func�onality as Republika Srpska destroyed the func�onality of Bosnia and
Herce�ovina��.” She is hopeful and believes that the European Union is not �oin� to back
from the idea that the A/USM should be created under the Kosovo law and she thinks
this is �ood. She also believes that Serbia is for�e�n� that there are minori�es in Serbia
as well and that they mi�ht raise the issue about anythin� it is done in Kosovo one day.
Bosniaks in Sandzak, Albanians in the South, Hun�arians in the north or even some other
minori�es mi�ht ask for a union of municipali�es one day. She believes that the crea�on
of the A/USM will narrow ethnic division that exists today. She believes that the best part
of fault for this lies with poli�cians who do not consider Kosovo Serbs as individuals but
as a collec�ve . She finds it very important that Kosovo Serbs should decide for
themselves and for their future, despite from the support that they are and will �et from
Bel�rade. She thinks that the A/USM will be there for the ci�zens of those municipali�es
and that the connec�on between Kosovo Serbs and Serbia will remain forever and that
no one is dispu�n� it. S�ll, the Kosovo Serbs should understand and accept Prish�na as
their Capital City and not Bel�rade. Accordin� to her, Bel�rade has always manipulated
them for poli�cal reasons.
The forei�n policy analyst of “Poli�ka” newspaper in Bel�rade, Bosko Jaksić believes that
the Brussels A�reement is the main push for Serbia's inte�ra�on move towards EU and
as a solu�on to the Kosovo problem and re�ional coopera�on. This A�reement, he
ar�ues, “is the best example that Serbia has moved away from the rhetoric of the “Serb
Territories' to ac�vely protec�n� the interests of the Serb community in Kosovo and
Metohija. This is why they were also encoura�ed to par�cipate in the elec�ons��.”Jaksić believes that the crea�on of the A/USM is lo�ical also because of the s�ll deep
distrust between Serbs and Albanians in Kosovo. This Associa�on will �ive the Serbs
enou�h assurance and will also prevent the par��on of Kosovo. Serbs are afraid of
discrimina�on while Albanians are afraid of the destruc�on of the func�onality of the
state. He believes that the dismantlin� of the parallel structures will �o hand in hand with
the crea�on of the A/USM. . He foresees that the road to the full implementa�on of the
A�reement will be lon� and difficult, primarily because of different expecta�ons of Serbs
and Albanians. S�ll he believes that there should be some results un�l of the end of 2015
since EU is already showin� doses of nervousness because of the lack of pro�ress in the
implementa�on of the A�reement. He does not believe that the win- win situa�on is
possible but s�ll does not think that the lo�ic of winners and losers is the correct one.
��Interview with Sonja Biserko��Interview with Bosko Jaksić
21
ASSOCIATION/UNION - two names, two aims
Althou�h he understands that there are people in Bel�rade that would want to see
A/USM as Republika Srpska, and that would not want to see a referendum in RS for the
secession from Bosnia and possibly the same scenario for the A/USM in Kosovo, he does
not think that that is or will be the case at all. He believes that that is the scenario that the
EU would not allow and that also the Bel�rade authori�es are opposed to it, as is evident
with their con�nued and increasin� reluctance to cooperate with Dodik.
The Albanian member of the Serb Na�onal Parliament, Shaip Kamberi considers that the
form of poli�cal or�aniza�on that is offered to the Kosovo Serbs is of the hi�hest
standards of protec�on and promo�on of minority ri�hts in Europe��. He believes that
the A/USM poses a serious dan�er for the disinte�ra�on of Kosovo, because of the fact
that Kosovo Serbs do not want to live in the State of Kosovo and also because Bel�rade
wants to create the exterritorial situa�on in the �round. S�ll he believes that the Kosovo
poli�cians should insist for the reciprocity for all the arran�ements that are made for
Kosovo Serbs, meanin� that they should ask for the same ri�hts for Albanians in the
south of Serbia.
��Interview with Shaip Kamberi
22
ASSOCIATION/UNION - two names, two aims
VI. THE POSITION ON THE ASSOCIATION international community
viewpoint
The posi�on of the Interna�onal Community has been clear on the crea�on of the
A/USM this far. That is that it should be created based on the Kosovo Law. S�ll no one is
explainin� what 'Kosovo Law' really means. Whether based on the actual Law on Local
Self Government or a new law. The Special Representa�ve of the EU and the Head of the
EU Office in Kosovo, Samuel Zbo�ar has stated that the Associa�on of the Serb Majority
Municipali�es will be created based on the Kosovo laws��.
The US Ambasador to Kosovo, Tracy Ann Jacobson has stated in an interview that “the
crea�on of the Associa�on of the Municipali�es coupled with �ood elec�ons that were
held are crucial elements of the Kosovo path towards European Union as well as Serbia
path towards the EU��.”The former Bri�sh Ambassador to Kosovo, Ian Cliff has stated that it should be seen what
the competencies of the Associa�on will be but “it is clear that is not �oin� to be an NGO
since the local �overnment is �overnance and it cannot be considered
non�overnmental. Off course there are many worries in Prish�na in the other side, if this
Associa�on will have too much competencies than it mi�ht turn into Republika Srpska,
but I think this is exa��erated because the cons�tu�onal framework is different in
Kosovo. No one is interested in a state within a state. I believe that this Associa�on is a
posi�ve thin� for Kosovo because parallel to that the dismantlin� of the parallel
structures will happen as well��.” The former Ambassador of Germany to Kosovo, Peter Blomayer has said in an interview
that “the character of the Associa�on of the Serb Municipali�es is defined by the First
A�reement Governin� the Principles on the Normaliza�on of Rela�ons of the 19th of
April. We are talkin� here about the Associa�on with clear aims within the framework of
which, the municipali�es will be able to exercise their powers in the fields like the
economic development, health care, educa�on or spa�al development. This happens
based on the statute that is bein� actually dra�ed. I do not believe that the term NGO is
adequate for the Associa�on but also there will be no independent third layer of
�overnance nor a new Republika Srpska. It will be an instrument of coopera�on between
municipali�es within the field of their competencies��.”
��Zhbo�ar: Asociacioni serb I komunave sipas li�jeve te Kosoves; h�p://koha.net/?id=27�I=55997��Ambassador Jacobson's Interview,
h�p://pris�na.usembassy.�ov/amb_jacobsons_interview_with_radio_duka�jini_dec_3_2013.html
h�p://pris�na.usembassy.�ov/amb_jacobsons_interview_with_radio_duka�jini_dec_3_2013.html (Qasur me 07.06.2015)��Cli�: the EU is workin� �or Kosovo to �et as many reco�ni�ons; h�p://www.rtklive.com/?id=10�r=15534 ��Ambasadori �jerman Dr. Peter Blomeyer intervistë për të përditshmen Kosova Sot.
h�p://www.pris�na.diplo.de/contentblob/4115948/Daten/3866700/20131212dldinterviewbotscha�erblomeyerkosovasot.p
d�
23
ASSOCIATION/UNION - two names, two aims
While the German Ambassador to Serbia Heinz Wilhelm has stated that “it would be
�ood that the Serb Government reaches the A�reement on the Associa�on of the Serb
Municipali�es in Kosovo since this will allow for the openin� of the chapters��” that will
prepare Serbia to Join the EU.
The Special Representa�ve of the Secretary General and the Head of UNMIK, Farid Zarif
has also commented the Brussels A�reement, sta�n� that “the first A�reement on the
Principles Governin� the Normaliza�on of the Rela�ons is a �reat achievement and a
crucial step forward for both, Bel�rade and Prish�na��.” While in the last address before
the UN Security Council, Zarif has said that it is re�re�ul that no pro�ress is bein�
achieved in establishin� the A/USM while callin� for a stron�er leadership from Bel�rade
and Prish�na��.
��Wilhelm: Për krijimin e Asociacionit të komunave serbe vendos Kosova; h�p://koha.mk/�lobi/36318-wilhelm-per-krijimin-e-
asociacionit-te-komunave-serbe-vendos-kosova.html ��Special Representa�ve, Security Council Members Hail 19 April A�reement as 'Decisive' Step towards Normalizin� Serbia-
Kosovo Rela�ons; h�p://www.un.or�/press/en/2013/sc11033.doc.htm ��Statement by Farid Zari�, Special Representa�ve o� the Secretary-General �or Kosovo, to the Security Council, 26 May, 2015;
h�p://www.unmikonline.or�/PR/26_May_2015-SRSG__Presenta�on_to_the_Security_Council.pd�
24
ASSOCIATION/UNION - two names, two aims
VII. COMPARING DIFFERENT ASSOCIATIONS IN THE REGION
The Republic of Kosovo
The Kosovo Associa�on of Municipali�es (AKK) was created in 2001 a�er the first
post-war democra�c local elec�ons in Kosovo. The crea�on of the Associa�on was based
on the Ar�cle 10 of the European Charter on the local self-�overnment of the Council of
Europe (the ri�ht on associa�on). AKK is a non-profit or�aniza�on, it is a le�al person that
represents the �eneral interests of its members, local authori�es. The members of the
Associa�on are the local authori�es of Kosovo and they are accepted in the associa�on
by the Assembly of the Associa�on upon the decision of the Municipal Council. The AKK
en�a�es so that Kosovo implements the provisions of the European Charter on Local Self
Government. The mission of the AKK is that throu�h the joint effort with the
municipali�es to improve the local �overnance in Kosovo and make it efficient,
sustainable and democra�c and also be able to deliver hi�h quality services to its
members.
The Republic of Montene�ro
The Union of the Municipali�es of Montene�ro is a na�onal associa�on of local
communi�es. The mission of the Union of the Municipali�es is to offer services, and
represent its members as well as to facilitate coopera�on between the members and the
Union with state authori�es as well as the associa�ons and unions of other countries;
thus becomin� the real support for decentralized and democra�c local �overnment.
Accordin� to its statute, local units are municipali�es, ci�es and the capital city. The
Union of Municipali�es is established voluntarily under the principle of equality of local
units, mutual respect and ethnic equality.
The Republic of Serbia
In Serbia, local authori�es are associated in the Permanent Con�ress of Ci�es and
Municipali�es. It is also called the na�onal Alliance of Local Authori�es of the Republic of
Serbia. Ci�es and municipali�es join the Con�ress voluntarily with the aim of improvin�
local �overnance and establishin� connec�ons for advancin� mutual interests. The
mission of the Con�ress is to represent the interests of its members, offer hi�h quality
services and support the development and advancement of the local self-�overnment
throu�h joint en�a�ement of its members. Municipali�es with majority Bosniak,
Albanian, Hun�arian or other ethnic minority popula�on par�cipate in the Con�ress
without any troubles. The func�onin� of the Con�ress is fixed and there is no request for
addi�onal competencies, be it for itself or for municipali�es and ci�es.
25
ASSOCIATION/UNION - two names, two aims
Bosnia and Herze�ovina
Founded under Dayton Accords of 1995, Bosnia and Herze�ovina is divided into
two En��es and today each of them has a separate associa�on of municipali�es. The
Federa�on of Bosnia and Herze�ovina has its 'Alliance of Municipali�es and Ci�es of the
Federa�on of Bosnia and Herze�ovina' while Republika Srpska has its 'Alliance of
Municipali�es and Ci�es of Republika Srpska'.
The Alliance of Municipali�es and Ci�es of the Federa�on…, is an independent and
voluntary or�aniza�on of municipali�es and ci�es of the Federa�on. It is established in
order to develop the local self-�overnment and to promote and protect mutual interests
of its members. The alliance was established as a non-profit or�aniza�on of
municipali�es and ci�es of the Federa�on of Bosnia and Herze�ovina in the inau�ural
session on the 29th of May 2002 in Mostar. 54 members adopted the Statute of the
Alliance. This Alliance is also seen as the le�al successor of the Union of the
Municipali�es and Ci�es of the Socialist Republic of Bosnia and Herze�ovina established
in 1972. Today all local units of the Federa�on are members of the Alliance.
The Alliance of the Municipali�es and Ci�es of Republika Srpska was established in Brčko
in 1998. This Alliance is a 'na�onal associa�on of local �overnments, it represents the
interests of its members in front of the central �overnment and it offers services to its
members on the field of local self-�overnment.
It is important to note here that in 2013, Serb majority municipali�es of the Canton Livno
of the Federa�on of Bosnia and Herze�ovina did establish their Union. The municipali�es
of Drvar, Bosansko Grahovo and Glamoč assemble once a month and they have started
the talks with the municipality of Petrovac from the Canton of Una-Sana so that they
would also join the union. The Chairman of the Union of serb Municipali�es, Slavisa
Mihajlović has recently stated that “the posi�on of the Serbs in the Federa�on of Bosnia
and Herze�ovina and the problems they face are a ma�er of the �eneral interest and all
the Serb poli�cal corpus should have a standin� on this, meanin� also for the Canton of
Livno.”
26
ASSOCIATION/UNION - two names, two aims
CONCLUSIONS
The key component of the Brussels A�reement that has yet to be implemented is the
establishment of the Associa�on/Union of the Serb Majority Municipali�es of Kosovo.
This mechanism represents the 'best' example of the different ways the par�es are
interpre�n� and approachin� the Brussels process. This report has analysed and studied
in detail judicial and poli�cal se�ments as well as the posi�ons of different actors on the
crea�on of the A/USM
Both Cons�tu�onal Courts, in Kosovo and Serbia have rejected the interpreta�on of the
cons�tu�onality of the A�reement with their respec�ve Cons�tu�ons based on the
same ar�uments, the lack of jurisdic�on of the Cons�tu�onal Courts over interna�onal
poli�cal a�reements. Even accordin� to both courts, here we are not dealin� with a le�al
issue but with a poli�cal one.
It can be concluded here that despite the statements of most poli�cal actors that the
establishment of A/USM will be in conformity with the cons�tu�on and the law of
Kosovo, if the prevailin� poli�cal concept for the A/USM is to be implemented than a new
law will be needed, the law that will most probably chan�e the le�al framework in
Kosovo. It is evident that the Kosovo has ra�fied the A�reement while Serbia didn't. This
also creates a difficult le�al and poli�cal posi�on for Kosovo.
The report brin�s different viewpoints and different approaches as to how should the
A/USM be established. We have once a�ain brou�ht to li�ht the proposal of the
President of Serbia which we think is important to note since it does clarify more the
posi�on and the thinkin� of the official Serbia on the ma�er.
We have carefully read and studied the posi�ons of different interna�onal actors,
involved with the Brussels A�reement process especially on the establishment of the
A/USM. We have noted that the interna�onal community, especially the EU and the
United States have fully supported the establishment of the A/USM no�n� very carefully
that it should be done based on the Kosovo law.
It was also noted that in the paper of the Brussels A�reement the no�on 'based on the
Kosovo Law' was also used but without specifyin� which law, the Law on Local Self
Government, or another one? This fact and the fact that the Cons�tu�on of Kosovo was
not men�oned make us believe that a new law will be requested for the establishment of
the A/USM.
27
ASSOCIATION/UNION - two names, two aims
We have found that there are different ways as to how the civil society in Kosovo
and Serbia understands the A/USM. Most of the representa�ves of the civil society
in Serbia unveil that there are elements of the �overnment in Serbia who would
like to see a new Serb En�ty Created in Kosovo while no�n� that a solu�on as such
would not be �ood for anyone. All of them see the crea�on of the A/USM as a
posi�ve step forward for everybody.
In Kosovo thou�h, the analysts and civil society representa�ves, in most cases, see
the establishment of the A/USM purely as a way of crea�n� a new Serb en�ty. They
see it as a dan�erous process and the one that would lead to the distor�on of the
func�onality of the state and possibly par��on of Kosovo.
It is worth no�n� thou�h that in all direct interviews as well as in the extracts of
speeches and media presenta�ons, almost all Serb officials as well as media and
civil society representa�ves have avoided comparin� the A/USM with Republika
Srpska both as a narra�ve and as a discourse. We believe that this shows that
everybody is aware how unpopular the en�ty concept is both locally and
interna�onally. Everybody is aware that Republika Srpska has made Bosnia not
func�onal. This however does not mean that Serbia would not want to create a
new Serb en�ty in Kosovo.
We have noted that there is a number of Serb poli�cians and civil society
representa�ves who would be willin� to let Kosovo Serbs '�o with Kosovo'
provided that there will be stron� �uarantees for their security preserva�on of the
iden�ty abnd links with Serbia.
This report cannot conclude how much Serbia is interested to hold the control over
Kosovo Serbs. This was not the aim of the report. However, there are clear
differences amon�st Serb representa�ves on the issue.
Another part of the puzzle that the report brin�s is that Serbia itself, despite the
fact that it is insis�n� for more powers and competencies for the A/USM, in a
stran�e way is an obstacle to its establishment. First of all, there is a clear le�al
contradic�on between the official Serb requests and their cons�tu�onal
framework but even more important, we believe that the very a��ressive insis�n�
of Serbia for much more competencies for the A/USM than for municipali�es
raises more doubts in Kosovo over the real aims of Serbia.
28
ASSOCIATION/UNION - two names, two aims
Despite all the assurances and �uarantees that are �iven by Serbia to the
interna�onal community and despite the current official posi�on, it is to be
expected that in the future Serbia will be seriously tempted to assert more
influence on the A/USM either for internal poli�cal �ains or for other reasons, one
of them bein� 'permanent condi�onin� of Kosovo over any issue'.
Havin� in mind everythin� that was said this far, we can conclude that the A/USM,
in the Kosovo version, has more poli�cal character and less le�al and execu�ve.
S�ll with the 'New Law', this character mi�ht chan�e and the A/USM mi�ht �et
execu�ve powers. Any poli�cal body that has execu�ve powers will certainly need
some sort of the le�isla�ve body. This seems to be the aim of one party and the
problem of the other.
29
ASSOCIATION/UNION - two names, two aims
RECOMMENDATIONS
Star�n� from the understandin� that the 19th of April A�reement needs to be respected
and from the understandin� of the situa�on on the �round, our recommenda�ons
would be:
» The Associa�on/Union of the Serb Majority Municipali�es of Kosovo should be
established based on the Kosovo Cons�tu�on and Law without chan�in� the current
le�al and cons�tu�onal framework.
» A/USM should not have competencies that are not provided by the actual law on
Local Self Government in Kosovo.» A/USM should have its Statute, as the hi�hest Act and which would be adopted in
the Assembly of the A/USM. The statute should clearly state that the A/USM will respect
all different communi�es livin� in the municipali�es that establish A/USM.» The A/USM can have its Fla� and other symbols that respect all the local
communi�es livin� in the municipali�es that establish it. » The A/USM should have its Council. The Mayors of the member municipali�es will
chair the A/USM on the rota�on bases.» The A/USM should have its Assembly. The elected Municipal Councillors from the
member municipali�es should be the members of the A/USM Assembly.» The A/USM should have its main office in Gračanica. This should be the case
because of the fact that there are more Kosovo Serbs livin� in the south that in the North,
but also because of the proximity to the diploma�c missions and other ins�tu�ons.» The A/USM should be able to cooperate with the exis�n� Associa�on of the
Kosovo Municipali�es as well as with the Permanent Conference of the Municipali�es
and the Ci�es of Serbia.» The A/USM should be opened for other municipali�es that would want to join it.» The A/USM should have competencies on the cultural and reli�ious ma�ers as a
unique character.» The A/USM should coordinate and help the member municipali�es in
implemen�n� their projects on urbanism, municipal project administra�on, economic
development, health care, and help them fulfill the needs of their ci�zens while
respec�n� the subsidiary principle.
» The A/USM in coordina�on with the Ministry for the Returns, should help in the
inte�ra�on of all representa�ves of the communi�es that have le� their homes, in
all the municipali�es members of the A/USM
30
ASSOCIATION/UNION - two names, two aims
REFERENCES
Ÿ
Ÿ First A�reement of Principles Governin� the Normaliza�on of Rela�ons
;h�p://www.rts.rs/upload/storyBoxFileData/2013/04/20/3224318/Ori�inalni%20te
kst%20Predlo�a%20sporazuma.pdfŸ Law on Local Self Government (Law Nr. 03/L-40)
h�p://www.kuvendikosoves.or�/common/docs/li�jet/2008_03-L040_al.pdf, - Ÿ The Law on the Ra�fica�on of the First Interna�onal A�reement on the
Principles Governin� the Normaliza�on of the Rela�ons Between the Republic of
Kosovo and the Republic of Serbia Law Nr. 04/L-199Ÿ Ustav Republike Srbije, 2. Autonomne Pokrajine, Clan 182, faqe 90. Sluzbeni
Glasnik,2007, Beo�radŸ The Cons�tu�onal Court of Kosovo, Rulin� on the Case Nr. 95KO/13,
h�p://www.�jk-ks.or�/repository/docs/�jkk_ko_95_13_shq.pdf Ÿ Ustavni Sud Republike Srbije, Zaključak, Br. IUo-247/2013,
h�p://sl�lasnik.info/sr/13-02-02-2015/27308-zakljucak-ustavno�-suda-broj-iuo-
247-2013-i-izdvojena-misljenja-sudija.html Ÿ Jahja�a: Me marrëveshjen nuk humb askush; h�p://www.president-
ks�ov.net/?pa�e=1,10,2867#.VX�zpv-qqkp Ÿ Asociacioni i Komunave Serbe vetëm, sipas Kushtetutës së Kosovës;
h�p://www.tele�rafi.com/lajme/asociacioni-i-komunave-serbe-vetem-sipas-
kushtetutes-se-kosoves-2-38571.html Ÿ The presenta�on of the Prime Minister of Kosovo, Hashim Thaçi in the session
of the UN Security Council h�p://www.kryeministri-ks.net/?pa�e=1,9,4001 Ÿ The Associa�on of the Serb Municipali�es is not a republic ;
h�p://www.evropaelire.or�/content/ar�cle/25189881.html Ÿ The Presenta�on of the Prime Minister Isa Mustafa in the Kosovo Assembly
h�p://www.kryeministri-ks.net/?pa�e=1,9,4729 (Qasur me 29.05.2015)Ÿ Interview with Riza Smaka, Profesor of the Cons�tu�onal Law, 09.06.2015Ÿ Interview with Nexhmedin Spahiu, poli�cian and University Professor,
24.05.2015Ÿ Interview with A�im Bah�ri, Mayor of Mitrovica South, 22.05.2015Ÿ Interview with Naim Rashi�, Interna�onal Crisis Group, 03.06.2015Ÿ Interview with Sadri Fera�, Member of Parliament of Kosovo 11.06.2015Ÿ Poli�čka pla�orma za raz�ovore sa predstavnicima privremenih ins�tucija
samouprave u Priš�ni, h�p://www.predsednik.rs/lat/pres-centar/ves�/poli�cka-
pla�orma-za-raz�ovore-sa-predstavnicima-privremenih-ins�tucija
31
ASSOCIATION/UNION - two names, two aims
Ÿ Fjala e Kryeministrit të Republikës së Kosovës, Isa Mustafa, në Kuvendin e Kosovës;
h�p://www.kryeministri-ks.net/?pa�e=1,9,4729 (Qasur me 29.05.2015)
Ÿ Intervistë me Riza Smaka, profesor i së drejtës kushtetuese, 09.06.2015Ÿ Intervistë me Nexhmedin Spahiu, poli�kan dhe profesor universitar, 24.05.2015Ÿ Intervistë me A�im Bah�ri, Kryetar i Komunës së Mitrovicës Ju�ore, 22.05.2015Ÿ Intervistë me Naim Rashi�, Grupi Ndërkombëtar i Krizave, 03.06.2015Ÿ Intervistë me Sadri Fera�, deputet 11.06.2015
Ÿ Poli�čka pla�orma za raz�ovore sa predstavnicima privremenih ins�tucija
samouprave u Priš�ni, h�p://www.predsednik.rs/lat/pres-centar/ves�/poli�cka-
pla�orma-za-raz�ovore-sa-predstavnicima-privremenih-ins�tucija (Qasur me
24.05.2015)
Ÿ Tomislav Nikolić je prvi put jasno rekao da Zajednica srpskih opš�na na Kosovu neće
moći da ima zakonodavnu i izvršnu vlast.
h�p://srb.fondsk.ru/news/2013/03/14/tomislav-nikolic-ie-prvi-put-iasno-rekao-da-
zaiednica-srpskih-ops�na-na-kosovu-nece-moci-da-ima-zakonodavnu-i-izvrsnu-
vlast..html (Qasur me 23.05.2015)
Ÿ Vučić: Ne plaši� narod sporazumom;
h�p://www.b92.net/info/ves�/index.php?yyyy=2013�mm=05�dd=12�nav_cat
e�ory=640�nav_id=713043 (Qasur me 04.06.2015)
Ÿ Aleksandar Vučić: Pos��nut određeni napredak, nema do�ovora o ZSO;
h�p://www.nspm.rs/hronika/aleksandar-vucic-pos��nut-odredjeni-napredak-
nema-do�ovora-o-zso-isa-mustafa-%E2%80%93-zajednica-srpskih-ops�na-kora-
bi�-u-okvirima-zakona-kosova.html?alphabet=l (Qasur me 09.06.2015)
Ÿ Parlament o briselskom do�ovoru;
h�p://www.rts.rs/pa�e/stories/sr/story/9/Poli�ka/1312904/Parlament+o+briselsk
om+do�ovoru.html (Qasur me 21.05.2015)
Ÿ Dačić: Prilika da razumno branimo interese; h�p://�oo.�l/n9JcKË
Ÿ Ivica Dačić: Da nismo potpisali Briselski sporazum ne bismo otvorili pre�ovore sa
EU; h�p://www.nspm.rs/hronika/ivica-dacic-napredak-u-eu-je-poli�cko-pitanje-da-
nismo-potpisali-briselski-sporazum-ne-bismo-otvorili-pre�ovore.html?alphabet=l
(Qasur me 01.06.2015)
32
ASSOCIATION/UNION - two names, two aims
Ÿ
Ÿ · Vučić: Ne plaši� narod sporazumom;
h�p://www.b92.net/info/ves�/index.php?yyyy=2013�mm=05�dd=12�nav_cat
e�ory=640�nav_id=713043 Ÿ · Aleksandar Vučić: Pos��nut određeni napredak, nema do�ovora o ZSO;
h�p://www.nspm.rs/hronika/aleksandar-vucic-pos��nut-odredjeni-napredak-
nema-do�ovora-o-zso-isa-mustafa-%E2%80%93-zajednica-srpskih-ops�na-kora-
bi�-u-okvirima-zakona-kosova.html?alphabet=lŸ · Parlament o briselskom do�ovoru;
h�p://www.rts.rs/pa�e/stories/sr/story/9/Poli�ka/1312904/Parlament+o+briselsk
om+do�ovoru.html Ÿ · Dačić: Prilika da razumno branimo interese; h�p://�oo.�l/n9JcKWŸ · Ivica Dačić: Da nismo potpisali Briselski sporazum ne bismo otvorili pre�ovore
sa EU; h�p://www.nspm.rs/hronika/ivica-dacic-napredak-u-eu-je-poli�cko-pitanje-
da-nismo-potpisali-briselski-sporazum-ne-bismo-otvorili-
pre�ovore.html?alphabet=l Ÿ · Govor prvo� potpredsednika Vlade Srbije i ministra spoljnih poslova Ivice
Dačića na sednici Saveta bezbednos� Ujedinjenih nacija o radu UNMIK-a;
h�p://www.mfa.�ov.rs/sr/index.php/o-ministarstvu/ministar/�ovori/15292-2015-
05-26-15-41-55?lan�=lat Ÿ · Interview with Borko Stefanoviq, Member of Parliament of Serbia; 26.05.2015Ÿ · Interview with Aleksandar Senić, Member of Parliament of Serbia, 26.05.2015Ÿ · Interview with Slobodan Samardzić, Former Minister for Kosovo in the
Government of Serbia, 27.05.2015Ÿ · Interview with Vuk Drasković, Poli�cian 28.05.2016Ÿ · Interview with Sonja Biserko, Serb Helsinki Comee�ee, 25.05.2015Ÿ · Interview with Bosko Jaksić, daily “Poli�ka” Beo�rad, 29.05.2015Ÿ · Interview with Shaip Kamberi, member of Parliament of Serbia, 24.05.2015Ÿ · Zhbo�ar: Asociacioni serb i komunave sipas li�jeve të Kosovës;
h�p://koha.net/?id=27�l=55997 Ÿ · Ambassador Jacobson's Interview,
h�p://pris�na.usembassy.�ov/amb_jacobsons_interview_with_radio_duka�jini_de
c_3_2013.html Ÿ
Ÿ · Cliff: BE-ja po punon që Kosova të fitojë sa më shumë njohje;
h�p://www.rtklive.com/?id=10�r=15534 Ÿ · Ambassador Dr. Peter Blomeyer of Germany interview for the Kosovo daily
“Kosova Sot”
h�p://.pris�na.diplo.de/contentblob/4115948/Daten/3866700/20131212dldinterv
iewbotscha�erblomeyerkosovasot.pdf (Qasur me 02.05.2015)
33
ASSOCIATION/UNION - two names, two aims
Ÿ Wilhelm: Për krijimin e Asociacionit të komunave serbe vendos Kosova;
h�p://koha.mk/�lobi/36318-wilhelm-per-krijimin-e-asociacionit-te-komunave-
serbe-vendos-kosova.html
Ÿ Special Representa�ve, Security Council Members Hail 19 April A�reement as
'Decisive' Step towards Normalizin� Serbia-Kosovo Rela�ons;
h�p://www.un.or�/press/en/2013/sc11033.doc.htm
Ÿ Statement by Farid Zarif, Special Representa�ve of the Secretary-General for
Kosovo, to the Security Council, 26 May, 2015;
h�p://www.unmikonline.or�/PR/26_May_2015-
SRSG__Presenta�on_to_the_Security_Council.pdf
Ÿ Formiran savez srpskih opš�na u zapadnom delu Federacije BiH;
h�p://www.�deinves�ra�.com/ostale-teme-124/poli�ka-i-drustvo/re�ion/12200-
formiran-savez-srpskih-ops�na-u-zapadnom-delu-federacije-bih
Ÿ Savez Srpskih Opš�na; h�p://�oo.�l/BHeupv
Ÿ Union of Municipali�es of Montene�ro, h�p://www.uom.co.me/
Ÿ Permanent Conference of the Ci�es and the Municipali�es of Serbia
h�p://www.sk�o.or�/
Ÿ The Alliance of the Ci�es and the Municipali�es of the Federa�on of Bosnia and
Herze�ovina h�p://www.so��ih.ba/
Ÿ The Alliance of the Ci�es and the Municipali�es of Republika Srpska,
h�p://www.alvrs.com/v1/
Ÿ The Associa�on of the Municipali�es of Kosovo, h�p://komunat-ks.net/
34
ASSOCIATION/UNION - two names, two aims
Kosovo Local Government Ins�tute
Address: Fehmi Agani 23/4, 10000 Prish�në, Republika e Kosovës
E-mail: [email protected]
Mob: +377 (0) 44 606 983
Web : www.klgi-ks.com