The Constitutional Court of Kosovo finds that the agreement for
establishing the Association of Serb-Majority Municipalities does not
comply with the Kosovo Constitution.
The Court says there is a deviation from Article 3 of the highest legal law, which is about law equality. It also doesn’t comply with Chapters 2 and 3 of the Kosovo Constitution, which regulates the fundamental rights and freedoms of communities.
The Constitutional Court say they are worried about the language ambiguity used in the agreement that was signed in Albanian, Serbian and English. The meaning of the term “Association will have a thorough look at issued related to the communes” is alright in Albanian and Serb, but in English it has been translated as “exercise full overview”.
The Court finds that the Association cannot be vested with exclusive and full authority to promote the interests of the Kosovo Serbian community regarding the central authorities.
Another issue found by the Constitutional Court is the Finance Audit for the Association. However, the Constitutional Court does not completely reject the agreement which brought clashes between the majority and opposition.
The Court verdict requires the government to elaborate the principles of the agreement in a legal act and statute that complies with the Constitution. The Court urges the government to make a law and statute for the Association that complies with the Constitutional Standards, especially Articles 3, 7 and 12 of the second Chapter of the Constitution, and articles 21 and 44 in the third chapter for the right of communities.
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