“Decree on the particular mode of recognition of higher education documents and evaluation of study programs of universities in the Autonomous Province of Kosovo and Metohija, which do not perform the activity according to the regulations of the Republic of Serbia (Official Gazette of RS, No. 16/12), is not in compliance with the Constitution and law,” reads the latest Official Gazette of the Republic of Serbia.
Recall, although the Constitutional Court on 30 April issued a decision on the unconstitutionality of the Decree on the particular mode of recognition of diplomas of higher education institutions from Kosovo (which do not function according to the regulations of the Republic of Serbia), the Constitutional Court delayed the publication of this decision in the “Official Gazette of the Republic of Serbia” for six-months. That’s how this decision from the date of its enactment was repealed, until 31 October.
The Decree, disputed by the Constitutional Court, adopted the former Serbian government, on the basis of an agreement between the then negotiators from Pristina and Belgrade – Edita Tahiri and Borko Stefanovic.
In March 2012 the government of Mirko Cvekovic adopted a Decree according to which will be implemented a special way of recognition of diplomas and evaluation of study programs of universities in the territory of Kosovo and Metohija, and which do not function according to the regulations of the Republic of Serbia. The Decree was adopted in the purpose of continuation of studies, and the employment of graduates from Kosovo, for the duration of the Security Council Resolution 1244 of the United Nations.
According to the contested Decree, higher education papers of the University of Pristina issued in the form and with UNMIK stamp, during the duration of Security Council Resolution 1244 of the United Nations, continues to have legal effect throughout the territory of the Republic of Serbia.
This is not the only Decree, which was adopted on the basis of the Brussels Agreement, and which was declared unconstitutional. Following the decision on the unconstitutionality of the Decree on the recognition of diplomas from Pristina, the Constitutional Court issued a decision on the unconstitutionality of the Decree on special ways of processing the data of cadastral records for Kosovo and Metohija (under which the Government of Serbia copies of land registry for territory of KIM already gave to the Special Representative of the European Union for Kosovo, namely to the Pristina).
However, the Constitutional Court issued the decision on the unconstitutionality of the Decree six months after the Republic Geodesic Agency (RGA) handed over the first part of the cadastral data to the EU Special Representative in Kosovo, Samuel Zbogar. In practice, the decision on unconstitutionality didn’t have any impact on its implementation on the ground.
