Former judge of the Constitutional Court: Association is a necessary evil
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6 month ago
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The former judge of the Constitutional Court, Kadri Kryeziu, says that the establishment of the Association of municipalities with a Serbian majority is a necessary evil that will pave the way for the international empowerment of Kosovo.

The professor of constitutional law, told KosovaPress, that the draft of the Association proposed by the Euro-American diplomats is in accordance with the Constitution and Laws for local self-government and the European Charter for local self-government. However, he emphasizes that the final verdict must be given by the Constitutional Court, while he expresses two concerns that, according to him, are the reference to resolution 1244, in the preamble of the statute, as well as the reference of the parties to an arbitration commission in case the government and the association have disagreements.

"We are concerned, but (the Association) I would call it a necessary evil, which in the future, based on international guarantees, will pave the way for Kosovo to integrate into international mechanisms, such as Interpol, the OSCE, the Council of Europe, the UN and so on... The main burden is on the Constitutional Court, which is an institution that will give the final verdict. If it is considered that there is any provision that is in conflict with the Constitution, it must be removed. It will be worked in a professional and political way, as it has to do with the integration of a special institution in the Republic of Kosovo", he said.

Kryeziu says that based on the draft published by the former chief inspector of KIA, Burim Ramadani, the Association will have a specific local power with some independent powers, which are also guaranteed through the Constitution and the Ahtisaari Package.

However, he expresses two concerns that, according to him, are the reference of resolution 1244, to the preamble of the statute, as well as the reference of the parties to an arbitration commission in case the government and the association have disagreements.

According to him, the guarantee of the Euro-American proposal is that the Association's statute will go to the Constitutional Court for evaluation, whereas he mentions that French, German, American and Albanian law schools have worked on the same.

The Euro-American diplomats on October 21 presented a new plan for the implementation of the Brussels and Ohrid agreement, where, among other things, they presented a draft for the implementation of Article 7 of the agreement, which talks about the self-management of the Serbs in Kosovo, thus the establishment of the Association, which Prime Minister Kurti said he is ready to sign, along with the basic agreement and the annex.

The draft from the Kosovar institutions has not been published yet, however, it was recently submitted to the opposition parties. /E.Zeqiri/

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