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Samuel Zbogar: SAA for Kosovo under the accelerated procedure (Danas)

The Stabilisation and Association Agreement for Kosovo was adopted by the European Commission. In accordance with the Lisbon Treaty, the SAA for Kosovo does not require from the EU Member States to ratify it at the national level, and therefore will be implemented more quickly. The SAA will only be ratified in the European Parliament - said in an interview with Danas, Head of the EU Special Representative in Kosovo, Samuel Zbogar, explaining the procedure by which Pristina will, already in June, reach the SAA.

How do you explain a precedent that the EU should sign this document with the part of the territory that is separated from a candidate country for the EU, which for more than a year is waiting for the opening of chapters in the accession negotiations?

- Kosovo and Serbia are involved in dialogue, mediated by the EU, with a very clear objective for both sides - to normalize relations so that each of them continue to progress on the European path. In accordance with the conclusions of the European Council of 16 December 2014, the Kosovo's continued engagement in a visible and sustainable progress in the normalization of relations with Serbia will continue to be monitored closely, including goodwill in the implementation of all agreements reached so far. So both Kosovo and Serbia can continue their European path, while at the same time avoid to block each other in these efforts, with the perspective of both parties to exercise their rights and fulfil their responsibilities.

* What about the "status neutrality" of the EU, as the SAA is signed exclusively with independent European countries? Is SAA for Kosovo in full conformity with the Treaty on the Functioning of the EU?

- The EU Agreement on Stabilization and Association with Kosovo covers all the key areas that are covered in other such agreements. Like the others in the region, and the SAA for Kosovo is a legal contract that is the basis of association, provides a framework for political dialogue and defines the rights and obligations in a wide range of policy areas. But the SAA for Kosovo is "EU only", which means it does not include numerous political issues that belong exclusively to the Member States. All Member States support the continuation of the stabilization process with Kosovo.

* Whether the Kosovo precedent could be applied and in other similar "situations" in Europe?

- Every situation is specific, with different historical circumstances and the contemporary context.

* The signing of the SAA for Kosovo, is expected in June, and its entry into force in early 2016. Whether until then, Belgrade and Pristina have to sign a legally binding agreement on the normalization of relations, and would that be for the EU, the Serbian de facto recognition of the self-proclaimed independence of Kosovo?

- In the aforementioned conclusions of December 2014, the Council recalled that the progress in the normalization of relations with Serbia is essentially basic principle of the proposed SAA and to support the development of relations and cooperation between the EU and Kosovo.

* Why is it unacceptable for Brussels to apply the "Cyprus model" on Serbia - that it, in accordance with its Constitution, join the EU with internationally recognized borders, which include Kosovo and Metohija, and then to solve the Kosovo problem in the EU ?

- As I said, every situation is specific, with different historical circumstances and the contemporary context.

* How do you explain that Kosovo has come more easily to the SAA than visa liberalization?

- These are two different processes. SAA is a contractual obligation between two parties. Visa liberalization is a process in which Kosovo needs to fulfil certain conditions so that the EU member states could and willing to abolish the visa regime. Neither of these two processes are easy, but their nature is different and in some ways incomparable.

* What are your estimates, taking into account the experience from the field, when Kosovo is likely to become a candidate and under what conditions?

- I usually say, we need to go over the bridge when we get to the bridge. The new Commission has clearly stated that during its mandate, which ends in 2019, there will be no enlargement, but that does not mean that in the meantime, candidates and potential candidates do not need to make progress on the European path, to adopt and implement crucial reforms. It is clear that Kosovo is on its European path and SAA will strengthen Kosovo's position in the main flow of the EU policy in the Western Balkans.

Community/Association of Serbian municipalities and Kosovo laws

* When you say that the Community/Association of Serbian Municipalities (ZSO) will be formed in accordance with the laws of Kosovo, you mean the existing laws, as interpreted by Pristina, or new regulations that Pristina has yet to bring in order to introduce the ZSO into the legal system, what Belgrade claims?

- Under the laws of Kosovo, I mean all Kosovo legislation, including the Brussels agreement ratified by the Assembly of Kosovo. Legislation is, of course, living matter and it always reflects the current situation, future needs of society and vision of political leaders. However, you should never forget the most important - only the laws that get most of the highest democratic body, the Assembly, are binding for all citizens.

Dark cloud

* How much the signing of the SAA for Kosovo and European Integration of Pristina will be associated with the establishment of a special court for war crimes in Kosovo and whether the period is known from which crimes will be prosecuted - Kosovo Albanian leaders have been arguing whether it is only 1999, or and the 2000, while Serbs want it to be from 1998 to 2004?

- The Special Court will deal with the allegations in the report of the Council of Europe, and crimes will be tried from the period which this report covers. Since publication of this report, over Kosovo loomed a dark cloud of allegations of very serious crimes, which only feeds prejudices about Kosovo and has a negative impact on the image of Kosovo in the international arena. The time has come that individuals take over the blame rather than the nation as whole.

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