Court rules on constitutionality of Association/Community (media)
All media cover a press release issued by the Constitutional Court of Kosovo on Wednesday about its ruling on the constitutionality of the Association/Community of Serb-majority municipalities. The press release noted: “The Court was asked to assess the compatibility of the document entitled “Association/Community of Serb majority municipalities in Kosovo – general principles/main elements” [The Principles] with the spirit of the Constitution, Article 3 [Equality Before the Law], paragraph 1, Chapter II [Fundamental Rights and Freedoms] and Chapter III [Rights of Communities and Their Members] of the Constitution of the Republic of Kosovo. The Court concluded that it is the First Agreement, ratified by the Assembly of the Republic of Kosovo on 27 June 2013 and promulgated by the President of the Republic of Kosovo, which foresees the establishment of the Association/Community of the Serb majority municipalities in Kosovo. The Principles is an intermediary document upon which the legal act of the Government of the Republic of Kosovo and the Statute will be elaborated to implement them. The Court decided that these Principles are not entirely in compliance with the respective constitutional standards and has concluded that the legal act of the Government of the Republic of Kosovo and the Statute have to be in compliance particularly with Articles 3, 7, 12, Chapter II [Fundamental Rights and Freedoms] Articles 21 and 44, Chapter III [Rights of Communities and Their Members] Articles 57, 59, 60, 61 and 62, as well as with Articles 79, 81, 93, 101, 113, 123, 124 and 137 of the Constitution of the Republic of Kosovo as reasoned by the Judgment. The Court notes that it is the constitutional responsibility of the respective authorities to incorporate these conclusions in the consequent legal acts. The Judgment has been published in the official website of the Court and can be read by clicking in the following link: http://www.gjk-ks.org/repository/docs/gjk_ko_130_15_ang.pdf”. The leading headline in most daily newspapers this morning is that the Association/Community of Serb-majority municipalities is in opposition with the Constitution of Kosovo. Koha Ditore reports on its front page that seven chapters of the Agreement on the Principles of the Association/Community are in opposition with the Constitution. The paper further notes that the court’s ruling does not say that the agreement must be annulled. “This was enough for the Kosovo government to not open the doors to renegotiating the document. The opposition meanwhile holds the heads of government responsible for the anti-constitutional agreement and calls for their immediate resignation,” the paper notes. Kosova Sot reports that following the court’s ruling, Kosovo President Atifete Jahjaga has called on parties to resort to dialogue and restore normality. Zeri quotes legal experts in Pristina as saying that the ruling of the Constitutional Court is not very clear. Epoka e Re reports on its front page that the Court has decided that the Association/Community will be established as foreseen in the first agreement that Kosovo and Serbia reached in Brussels in April 2013, but that the general principles of the Association are not entirely in compliance with the spirit of the Constitution. Under the headline Constitutional Court’s ruling is not very clear even to international media, Gazeta Blic reports that according to news agencies AP and AFP “the Constitutional Court of Kosovo has criticized the agreement with Serbia”, while Reuters and DPA have reported that “the Constitutional Court has approved the agreement with Serbia”.
Jahjaga: Respect the decision of the Constitutional Court (media)
The President of Kosovo, Atifete Jahjaga, has received the verdict of the Constitutional Court of Kosovo related to her request to evaluate the conformity of the principles of the Association/Community of Serb-majority municipalities with the Constitution of Kosovo. President Jahjaga has called upon all institutions and political parties to respect the verdict of the Constitutional Court. President Jahjaga called on the parties of the ruling coalition and of the opposition to use this momentum to restart the political dialogue in Kosovo and to return the country back to normality.
Mustafa: No more reasons for opposition to continue with protests (RTK)
Kosovo’s Prime Minister, Isa Mustafa, said yesterday that he fully respects the decision of the Constitutional Court on the agreement for Association/Community of Serb-majority municipalities. He said the government will know exactly how to functionalize this Association/Community. According to him, the Constitutional Court didn’t say that the agreement is entirely unconstitutional but it obliges relevant authorities to follow legal actions to meet the constitutional standards. “I think it is good that the Constitutional Court gave its opinion. I said from the beginning that we would respect any decision of the Constitutional Court. There are no more reasons for the opposition to continue with protests,” Mustafa said.
Assembly President calls for joint reflection (RTK)
The President of the Assembly of Kosovo, Kadri Veseli, stated in a press release, issued on Wednesday that the decisions of the Constitutional Court should be respected and that the decision for the Association/Community for the Serbian-majority municipalities represents a new momentum of reflection for the political spectrum in the road of the dialogue. “The Republic of Kosovo is a constitutional democracy and based on this fundamental principal we are obliged to respect all the decisions of the Constitutional Court of the Republic of Kosovo, including the most recent decision on the constitutionality of the Association of the Serb-majority Municipalities.
Opposition welcomes the decision of Constitutional Court (dailies)
The three opposition parties – Vetevendosje Movement, Alliance for the Future of Kosovo (AAK) and Initiative for Kosovo (NISMA) – issued a joint press release on Wednesday welcoming the decision of the Constitutional Court which says the agreement on Association/Community of Serb-majority municipalities is not entirely in compliance with Kosovo’s Constitution. “The decision of the Constitutional Court has validated all our arguments. Isa Mustafa and Hashim Thaci, as well as their coalition, must be held accountable for violating the Constitution. They violated the Constitution and deceived the people. They also tried to make the Assembly part of their serious violation. This situation calls for the immediate resignation of Mustafa and Thaci,” the press release reads.
Haradinaj: Constitutional Court’s decision, a victory for the people (RTK)
The leader of the Alliance for the Future of Kosovo (AAK), Ramush Haradinaj posted on his Facebook page that Wednesday’s decision of the Constitutional Court of Kosovo was relieving. “It is better late than never, but I have to express my regret for all this time and difficult way to conclude that a bed agreement for the country is not in conformity with the Constitution, after a several months’ delay,” wrote Haradinaj. He added that this decision shows once again that senior officials continuously violate the Constitution. “This is a bad precedent that has to end once and for all. I consider this decision to be victory of the citizens of Kosovo despite their political affiliations. I express my appreciation and congratulate you that helped us with this cause. Until the full success!” Haradinaj wrote.
Maric: The Court had it say, the Association must be established (RTK)
Kosovo’s Minister of the Local Government, Lubomir Maric, said on Wednesday in Gracanica that the Constitutional Court finished its duty and that work should resume in the formation of the Association/Community of the Serb-majority municipalities. Maric argued that the establishment of the Association/Community does not harm Kosovo’s Albanians and that everyone should know that the Association does not represent a danger for anyone.
Djuric: For Serbia, only 25 August agreement is valid (Klan Kosova)
A few hours after the decision of Kosovo’s Constitutional Court on the constitutionality of the establishment of the Association/Community of Serb-majority Municipalities, head of Serbia’s Office for Kosovo, Marko Djuric said for Klan Kosova that the state that he represents is interested only on the agreement of the 25 August. He added that renegotiation of this agreement could open Pandora’s Box. Djuric did not deny eventual recognition of Kosovo from Serbia, but only said that this issue would be discussed later.
Mustafa, Vucic to meet in early January (Koha Ditore)
Federica Mogherini, the High Representative of the European Union for Foreign Affairs and Policy, will facilitate a meeting between Kosovo and Serbia Prime Ministers early next year. The date and agenda of the meeting have yet to be determined and officials in Brussels told the paper on Wednesday that the meeting will most probably take place in January. “The two parties will agree on the agenda,” Maja Kocijancic, a spokeswoman for Mogherini, told the paper. Kosovo’s Minister for Dialogue, Edita Tahiri, too confirmed the meeting between Mustafa and Vucic. “The meeting will be held in January but I am not informed yet about the exact date,” she said.
Jahjaga, Thaci meet Italian Foreign Minister Gentiloni (dailies)
Several media cover the meetings that Italian Foreign Minister Paolo Gentiloni had on Wednesday in Pristina with President Atifete Jahjaga and Foreign Minister Hashim Thaci. Jahjaga and Gentiloni discussed general developments in Kosovo, the European agenda, the process of joining international organizations and the deepening of economic cooperation between Kosovo and Italy. Jahjaga also expressed the commitment of the institutions of Kosovo to as soon as possible fulfill the remaining technical obligations for visa liberalization. Gentiloni said his country will continue to support Kosovo in all the integration processes. Koha Ditore reports that Gentiloni has encouraged dialogue between the political parties in Kosovo.
Vetevendosje’s Haxhiu calls for government’s downfall (media)
Several media report that Vetevendosje MP Albulena Haxhiu, who is under house arrest for throwing teargas at the Kosovo Assembly, said on Wednesday that the opposition’s protest scheduled for January 9 will result in the downfall of the government.
Veseli: 2015 was not easy for Kosovo (Epoka)
The President of the Assembly of Kosovo, Kadri Veseli held an end-of-year meeting with journalists and representatives of the civil society on Wednesday. He said that leaving aside the political disagreements between the government and opposition, it has to be admitted that Kosovo faced this year the test of functioning as a democratic and legal state. He added that impediment of the work of the Assembly with non-parliamentary means has caused damages in many aspects.
Indictment filed against LDP MP Naser Osmani (dailies)
The Special Prosecution of Kosovo (SPRK) yesterday filed an indictment against the Democratic League of Kosovo (LDK) MP Naser Osmani and seven other individuals. The indictment refers to Osmani at the time he was board member of Kosovo Privatization Agency. Osmani and others are suspected of criminal offenses: abuse of official position or authority, legalization of false content, fraud, and tax evasion.
