Constitutional and Legal Dilemmas for Establishing the Association of Kosovo Serb Majority Municipalities

Abstract

This paper examines both the process of, and the constitutional and legal dilemmas in, forming the Association of Serb Majority Municipalities in Kosovo. The association, which aims to be established and has emerged as a demand of Kosovo Serbs, has caused a lot of trouble to the government in establishing it. This paper presents these difficulties and how they commenced. It is shown at the outset that in 2013, Kosovo assumed an international and constitutional obligation to establish this Association. A long time has passed since that year and the association is not established even to this day. The paper shows that this passivity was further cemented by a decision of the Constitutional Court which, instead of explaining the way in which it was formed and competencies used a strange and dubious language. In this paper, however, it is clearly shown that the formation of the Association is an international obligation that Kosovo must fulfill. It is further noted that there is a risk that its formation will take place in a format other than the one envisaged in 2015 as a result of the delay on the side of the Kosovo party. The paper also seeks to point out a deficiency of this entity, which has to do with the fact that the drafting of legal texts on its establishment did not involve local Serbs at all, to whom the Association is supposedly dedicated.