By Veton Surroi


A legal and power gap exists in the Republic of Kosovo, the newest independent country in Europe. There are some players currently in the field and all run for mandate – mandates that contradict each other sometimes.



By promulgating the legislation deriving from the Ahtisaari Package in a quick manner, Kosovo’s authorities have been building a new legal order based on proclamation of independence. UNMIK is still in Kosovo under Resolution 1244, with a suggested superior decision-making mandate in Kosovo. The EU has been mandated within Resolution 1244to oversee implementation of independence in Kosovo. Belgrade authorities have been taking direct control over what was camouflaged to date as ‘parallel institutions.’



There is no power and functional state in countries that have four governances at the same time. This was proven in the case of Kosovo when UNMIK and Kosovo institutions had dual powers. This cannot be bypassed quickly. The interpretation of the legal order and stretch of the power will be part of an intensive debate in the coming months.



Serbia has realised this and has resumed a race to create new realities. Within three weeks after the proclamation of Kosovo’s independence, supported by Russia, Serbia hast started building a functional reality and a legal ground that denies the legitimacy and lawfulness of the new state. It has been doing that in the Serb-inhabited areas as well as in legal international relationships. The immediate goal of the Serb authorities is to create at least two forms of administration in Kosovo. The first administration would be under the institutions of the Republic of Kosovo, supervised by the ICR/EULEX. In the second case, administration would be carried out by the ‘Serb parallel institutions’ under UNMIK supervision.



Additionally, this dual administration would be transferred to the fight for international eligibility of Kosovo’s state by keeping UNMIK as the international representative of Kosovo for those states that do not recognise the new state. NATO has realised this situation best. NATO’s mission is understood by all – to maintain territorial integrity of Kosovo by guarding its borders. But NATO and other players know that NATO can protect Kosovo from outside, but not from the relationships that are established internally.



What we are experiencing is a ‘soft partition’ or ‘prolonged partition’ of Kosovo. It will be the key pace that will decide political pace in Serbia and Kosovo. A factual division of Kosovo would be a negative generator in both societies. It will absorb political and economic energies, especially in Kosovo, which should be consolidated as an independent state.



But realistic division of Kosovo is raised now as an indicator of the European politics. For the first time in its history, Europe has taken over strong, unprecedented, state-establishing competencies with its new mission in Kosovo. If the EU mission can not be applied in the whole territory of Kosovo because it is de facto hindered by Serbia, then it will be an act of Serbia against the EU. And if it happens so – this was demonstrated over last weeks as the EU presence in north Kosovo encountered obstacles – then the statements of one or the other side in Serbia will have an insignificant role; democracy in Serbia can be measured with Serbia’s willingness to accept the EU’s work on supervision of independence and implementation of Ahtisaari's Proposal.



On the other hand, if Ahtisaari's Proposal is obligatory for the Albanians but not for the Serbs, then these obligations will be ruined from inside. So will be ruined the European politics that was established based on comprehensive recommendations of the former Finnish president.



If the current situation continues, if Europe does not give strong answers to Serbia, there will be a lack of a joint European politics toward Serbia’s activities, it will be necessary for a US to intervene to determine Serbia’s borders. On the other hand, if Kosovo holds this rhythm of recognition by the countries of the Third World, then the risking of the international legitimacy of the new state will also risk the European foreign policy which brought “coordinated declaration of independence.”



These two pillars that risk Kosovo from inside and outside are parts of a Serbia-Russia coordinate politics. But they do not threaten only Kosovo, but also the European credibility.

(The author is former leader of ORA political party. The analysis was published in Kosovo Albanian daily Koha Ditore)

 

 

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