European flags in front of European Commission headquarters Berlaymont building in Brussels, Belgium, 11 April 2023. EPA-EFE/OLIVIER HOSLET

Serbia’s New Kosovo Legislation ‘Will Violate Dialogue Obligations’, EU Says

A European Union Spokesperson told BIRN that Serbia should 'reconsider' its draft law declaring Kosovo a ‘special zone of social protection’ as it violates obligations Belgrade undertook during dialogue on normalisation of relations with Pristina.

The European Union on Wednesday criticised Serbia’s move to adopt a law declaring Kosovo an “area of special protection” in which people would receive special social benefits from the Serbian authorities.

Another controversial draft law under consideration in Belgrade outlines Serbian jurisdiction over criminal acts committed in Kosovo. Pristina sees the legislation as an unacceptable attempt to encroach on its sovereignty, while the EU believes the ‘special protection’ legislation breaches agreements that Belgrade has made with Pristina during dialogue in Brussels about normalisation of relations.

“The draft legislation … as published presents a clear violation of Serbia’s dialogue obligations and stands in contradiction to its recent re-commitment to the dialogue,” Nabila Massrali, an EU spokesperson, said in a written reply to questions from BIRN.

Massrali said that ever since the 2013 Brussels Agreement, Kosovo and Serbia have clear obligations regarding their respective jurisdictions.

“The EU reminds Serbia that it is bound by all dialogue agreements as an integral part of its EU integration and calls on Serbia for the draft legislation to be reconsidered accordingly,” she added.

Under another agreement reached in February 2023 in Brussels, Kosovo and Serbia committed to develop normal, good-neighbourly relations on the basis of equal rights – a state of affairs that would represent a major improvement on their current relationship.

On Tuesday, Kosovo’s Prime Minister Albin Kurti called on the international community to respond after the Serbian government adopted the disputed draft law.

“I urge the international community – who have helped Kosovo a lot and should continue to support it – to sharply and rightfully respond because Kosovo as a republic is being attacked by our northern neighbour,” Kurti said in Pristina.

Approving the draft law, Serbia’s government said on Monday that “the declaration … provides financial support to categories of the population [in Kosovo] provided for by law, with the aim of their survival in that territory and encourages the preservation of cultural and historical heritage with a focus on demographic, economic and cultural development.

“The goal of adopting these legal solutions is to support the unemployed, that is, those older than 65 who have not exercised their right to a pension, in order to provide them with support for a productive life and eliminate the consequences of social exclusion,” it added.

The Serbian government also adopted a draft law on the “organisation and jurisdiction of judicial authorities in the prosecution of crimes committed in Kosovo”.

“The proposed law enables the specialization of courts that try cases for criminal acts committed on the territory of Kosovo and Metohija and … their jurisdiction, so that trials in these criminal proceedings are more efficient and gain importance,” a press release said.

The draft law awaits parliamentary approval.

30/10/2024 - 12:44

30 October 2024 - 12:44

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