Association/Community of Serb municipalities or Association of Kosovo Municipalities (AKM) are two names which are still causing divisions over the jurisdiction between Belgrade and Pristina.
A future law on A/CSM, particularly if it would be the one of special interest for minority communities, would not be amendable without the two-third majority of Serb MPs. However, proposals of the statute and of amendments of laws are still not coming from Belgrade, Brussels or representatives of Serbs from Kosovo, whereas Pristina is opposed to such ideas.
In the European Center for Minority Issues remind that articles 3 and 4 of the Brussels Agreement stipulate that A/CSM has to be established in line with Kosovo laws, and its structure should be like the one of the Association of Kosovo Municipalities, concretely to have the assembly, advisory board and other bodies. Issue that is of the higher interest for the Serbian and Albanian sides, and where disputes appear actually, is a jurisdiction of the A/CSM. AKM with the seat in Pristina, is a nonprofit organization which has the role to represent and protects interest of local self-government in front of central authorities, and coordinate activities of municipalities, whereas future A/CSM can have and other jurisdictions and activities within the existing Kosovo legislation, says Adrian Zeqiri, executive director of ECMI.
“Partnership is possible between various municipalities. I think that this is very important and was not analyzed so far. Another role is, even though it was not mentioned in the Brussels Agreement, the one that A/CSM would coordinate direct funds of the Republic of Serbia provided to Kosovo municipalities,” said Zeqiri.
Even if Belgrade and representatives of Serbs from Kosovo would be satisfied with the possible jurisdiction in line with the Kosovo laws on local self-government and inter-municipal cooperation, they will certainly insist that, unlike the AKM, A/CSM is made lawful, if not and constitutional category. The first count of the Brussels Agreement, talks about harmonization of the legal frameworks of Serbia and Kosovo with regard to A/CSM, said Vladeta Kostić, the Mayor of Gračanica/Graçanicë. “It is needed that both parliaments, the Serbian Assembly and Kosovo Assembly, adopt certain laws on Z/CSM. That is the only way that we, Kosovo Serbs, would have the institutional protection. In that case we wouldn’t be bothered at all if in future if some people would be in the government to whom Serbs would not be important. We would be protected by the legal framework, and we would be able to seek protection of our rights in front of the international courts,” said Kostić.
Financing of the health and education sectors from Serbia’s budget is one of the most important matters for Kosovo Serbs, Kostić. “The legal framework should set how, in what way and what amount the funds for education and health would be provided, because these are two areas without which Serbs would not survive here, and they would not survive if those two would be hindered. Funding of those two areas should continue from the budget of the Republic of Serbia, and carried out by the A/CSM,” said Kostic and added that this process should be the transparent one.
In ECMI say that handing over a jurisdiction from municipalities to A/CSM is not possible according to the current legal framework. Zeqiri added that there are concerns that A/CSM will be opposed to the principles of multiethnicity and jeopardize the status of other communities in Serb-majority municipalities. Kostić stressed that it won’t be the case, and that Serbs are inclined to have the A/CSM established as an institution, and not as a special entity.
