The negotiating framework for Serbia’s accession to the European Union has been changed, since the Ohrid Agreement has been amended and supplemented, and the Ohrid Agreement has been implemented. to those documents, our commitment to full membership in the EU. Full professor at the Faculty of Law for Economy and Justice in Novi Sad, Vladimir Medović, believes that Serbia has not been on the European path for a long time, and that the issue of Kosovo’s membership in the Council of Europe has been resolved.
According to him, the agreement does not say that Kosovo must join the United Nations (UN), but it is stated that Serbia will not block Kosovo’s membership in international organizations, which includes the UN.
“The procedure is complicated, and it is also a deliberately fabricated topic, to talk about the UN, even though it is unthinkable now.” But that does not diminish the fact that the leading EU countries have clearly stated that they want de facto recognition of independent Kosovo, and as far as the Ohrid annex is concerned, that they think that Serbia will gradually recognize the symbol of Kosovo, normalizing relations, and lead to de facto recognition of Kosovo”, explains interlocutor N1.
Those obligations – territorial integrity, respect for symbols, diplomas, seals – were included in Chapter 35.
“There is a fence that everything will be discussed further within the dialogue. Space was deliberately left because of the countries, the five EU members that did not recognize Kosovo, to leave those points to what we have known for a long time in the dialogue with the EU, which is the constructive ambiguity, that there is still room for different interpretations, and that is intentional because there is no single position of the EU,” Surlić points out.
Even in the previous negotiation framework, FPN assistant professor reminds us, we do not have essentially much greater obligations.
“There it was written that full normalization of relations with Kosovo is expected from Serbia and that through a legally binding document.” We all knew that it does not mean the essential autonomy of Kosovo within Serbia. When we talk about these points, part of the negotiation framework is the Brussels Agreement, as well as the formation of the Community of Serbian Municipalities. So, we see that the EU did not use all the measures and sanctions it could have towards Pristina, to implement that agreement. This is a kind of buying time, we have that agreement, there were deadlines that have passed, broken a long time ago. The past speaks of the mediators, they imposed an agreement and said this is some kind of document that is not subject to change, and they did not find mechanisms to force Belgrade and Pristina to implement it,” says Surlić.
“Nothing is new”
Professor Vladimir Medović tells N1 that the implementation of Chapter 35 is nothing new.
“There is point 23 of the EU’s general negotiating framework for Serbia from 2013, which stipulates that the pace of negotiations will depend on Serbia’s engagement in order to improve relations with Kosovo, and this implies Serbia’s obligation to properly implement all the agreements it concluded with Kosovo in the dialogue on the normalization of relations. No matter how you look at it, this Brussels-Ohrid agreement would be included in negotiation chapter 35,” the professor says.
As he says, the agreement is binding and valid, and both parties have agreed to it.
“Notwithstanding that it is not locked in writing.” It is subject to the provisions of international customary contractual law, it is about obva. to the binding agreement”, explains Medović.
As he says, the biggest challenge for Kosovo is to become a member of the United Nations.
“Kosovo was recognized by around half of the UN members, and two-thirds of the votes are required for entry. On the other hand, this covers Kosovo’s entry into the Council of Europe. Both the UN and the SE are open to states only. The moment Kosovo becomes a member, be it the EU or the UN, it has solved its problem regarding status,” interlocutor N1 points out.
Docent Stefan Surlić adds that membership in the UN is the last step, where it would mean that two-thirds of the world’s countries recognize Kosovo as a state, and that no one has vetoed what concerns the Security Council.
“That would mean that the great powers have reached an agreement, but that is a distant topic.” “I think that the big powers, and we are talking about Russia and China, would prevent Kosovo’s membership, because they would like to reach a global agreement with the Western powers in some kind of trade,” says Surlić.
Serbia and the EU closed their doors to each other
As he says, Serbia is far from full membership in the European Union.
“We should not be fooled, because we heard directly from Olaf Scholz – the leading EU country says we expect your formal recognition of independent Kosovo for membership in the European Union.” That condition exists and will exist. What the effect of this agreement now, if we’re talking about Chapter 35, I think is more to radicalize the public and turn it towards an anti-European feeling. This is also a question for the EU, whether they will insist on it at any cost, knowing that more than 80 percent of citizens do not want to join the EU, if the condition is the recognition of Kosovo. The public is being polarized, that anti-EU element is being created, and the reality is completely different. First, we are far from that goal. Second, five EU members do not recognize the independence of Kosovo, so it cannot be a unified position of all members,” explains docent Surlić.
The professor of the Faculty of Law in Novi Sad says that Serbia has not been on the European path for a long time.
“This is especially visible since the beginning of the conflict in Ukraine, when the EU imposed sanctions on Russia, we are practically not even on the European path.” Both Serbia and the EU simulate that this path exists. However, you see that nothing happens, no new chapters are opened. Serbia is at a standstill regarding the application of EU values and the harmonization of foreign policy. “Serbia and the EU have closed the doors to each other,” the professor assesses.
Visa liberalization
The European Parliament voted for visa liberalization for citizens of Kosovo who hold Serbian passports.
“This parliament’s mandate is expiring. If the decree on visa liberalization is not passed now, it will have to wait for a new convocation of the Parliament. This regulation is adopted jointly by the EP and the Council. Parliament has made a decision, now the Council is waiting. I think that it is a technical issue, and that visa liberalization, which is extremely important for the Serbian population in Kosovo, does not wait for the new convocation of the EP and that it will not be long before this issue is put on the agenda again,” says the professor.
Speaking about the Council of Europe, he says that they do not deal with the issue of status explicitly, but leave it to the Committee of Ministers.
“In the report of distinguished lawyers and according to the opinion of the parliamentary assembly, it is stated that Kosovo possesses all the elements of statehood – territory, population, power, ability to participate in international relations.” Both the Parliamentary Assembly and eminent jurists separate this issue from the issue of recognition, which they consider to be political. However the Committee of Ministers makes a decision in May, to accept Kosovo’s membership or postpone the issue until Kosovo establishes the Union of Serbian Municipalities, the issue of status, at least as far as Kosovo is concerned in the Council of Europe, is resolved,” says Professor Vladimir Nedović.
