Tough to defend ‘rhetorical mimicry’ and an attempt to cover up EU’s participation in the Kosovo’s secession by double standards – this is how experts of international law and analysts estimate the EC’s view that the Catalan case cannot be compared to Kosovo, since Serbia, unlike Spain, is not a member EU, writes daily Večernje Novosti.
Professor of International Law, Tibor Varadi, argues that the argument used by EC spokesman Margaritis Schinas is not good because recognition of the right to self-determination or non-recognition cannot only apply only to EU members or countries outside the Union:
– The fact is that the situation in Serbia, after the NATO bombing, is not the same as today in Spain, but these are not legal arguments but political circumstances. Also, there was no referendum in Kosovo and Metohija prior to secession.
Varadi told Novosti that he does not know which UN and international community documents Schinas meant about, when he said that the European Council was relying on them in determining towards Kosovo. He adds that the EC may refer to the advisory opinion of the International Court of Justice that the declaration of independence of Kosovo itself was not contrary to international law, but Varadi adds that the court then avoided the answer as to whether the separation of Kosovo has violated international law.
Constitutional Law Professor Ratko Marković says that the argument that was heard from Brussels is not founded in international law:
– Membership in the UN provides much wider protection than the EU, as it guarantees territorial integrity, sovereignty, constitutional order … Specifically, the unilateral secession of Kosovo is in direct contradiction with UNSC Resolution 1244.
EC’s views for political analyst Dejan Vuk Stanković are an attempt by Brussels to escape political responsibility in the Kosovo’s case:
– On the other hand, the EU fears that the right to self-determination used by the citizens of Catalonia does not become a European practice. Because, besides Catalonia, there are a number of other areas in the EU that can easily and quickly have situations like the one in Barcelona yesterday.
Professor of the Law Faculty in Belgrade Bojan Milisavljević thinks that the EU has applied double standards and believes that Serbia cannot draw any concrete legal benefit, but can politically point out to this inconsistence and try to achieve its interests in relation to Kosovo.
