Drini Grazhdani - The Constitutional and Legal Challenges of Kosovo and Serbia in Implementing the Agreements Towards the Normalization of Relations
Brief description:
In 2011, Kosovo and Serbia initiated an EU-facilitated dialogue to normalize relations amidst ongoing ethnic tensions. In the dialogue, each country had two objectives. Kosovo sought international recognition due to its declaration of independence in 2008 and the normalization of relations with Serbia. On the other hand, Serbia aimed to normalize relations and increase its presence in Kosovo by ensuring that the Serbian minority living there had autonomy similar to the Serbian population living in Republika Srpska in Bosnia and Hercegovina. As such, Kosovo agreed to establish an Association of Serb Majority Municipalities (ASM), which was evaluated as unconstitutional by the Kosovo Constitutional Court (CCK).
The CCK highlighted that the mono-ethnic composition of institutions violates the constitution of Kosovo. The reason for such violation goes back to the foundation of Kosovo’s independence, which includes the Ahtisaari Plan. The Ahtisaari plan is a binding legal document that has supremacy over the constitution of Kosovo. The plan outlined the pathway of Kosovo to its independence and portrayed the safeguards for minorities in Kosovo by establishing a multi-ethnic country. The CCK left room for the association's establishment by considering the CCK’s judgment. However, since 2015, Kosovo has yet to establish such a statute out of concern of a ‘no going back after this decision.’ In addition, in 2023, Kosovo and Serbia signed the Ohrid Agreement, informally called the Franco-German proposal, which included a de-facto recognition of Kosovo by Serbia in exchange for ensuring self-management for the Serbs living in Kosovo, including the implementation of previously signed agreements.
The doctoral thesis will analyze each country's constitution and legal framework in depth to provide legal analysis and answers to the challenges of implementing the agreements between Kosovo and Serbia.