Mustafa Kurtit: Point 7 of your agreement installs autonomy for Serbs
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1 week ago
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The former Prime Minister of Kosovo from the ranks of the Democratic League of Kosovo, Isa Mustafa, has responded to the statements of Prime Minister Albin Kurti on the accusations that the previous governments are guilty of the agreement on the association of municipalities with a Serbian majority. In a post on Facebook, he emphasized that with this attitude, Kurti is wrong and he is the one who is installing the political-territorial autonomy of the Serbian community in Kosovo with the basic agreement.

Full post:

"Dear friends,

Commenting on the 2013 agreement and the 2015 document on principles, Kurti, in his article published today, writes that "The Constitutional Court in its decision said that the powers provided for the 'Association' according to both agreements violated the principles of the Constitution, the multi-ethnic character of the state and seriously violated the legal order".
Kurti should know that the Constitutional Court has not dealt with the Agreement of 2013, which was ratified in the Assembly with over 2/3 of the votes of the deputies. Therefore, it has not qualified that it violates the principles of the Constitution. The truth is this. The court, at the request of President Jahjaga, has only dealt with the document for the principles of 2015. In the Judgment in Case no. K0130/15, Pristina, December 23, 2015 No. ref.: AGJ877/15) is stated as follows: Point II: TO STATE that the Association/Community of municipalities with a Serbian majority will be established, as foreseen by the First Agreement, ratified by the Assembly of the Republic of Kosovo and announced by the President of the Republic of Kosovo. So, nowhere does it appear that this agreement violates the constitution, but it is said that the Association will be established according to this agreement.
In point III. IT IS STATED that the Principles, such as; are elaborated in "Association/Community of municipalities with Serbian majority in Kosovo - General principles/Main elements", are not entirely in compliance with the spirit of the Constitution. Nowhere is it established that the Constitution has been violated, but that these principles "are not entirely" (that is, not entirely) in compliance with the spirit of the Constitution.
In the conclusions of the judgment, point 6, p. 38 states: "The Court notes that the legal act and the Statute, as well as its amendments, will be reviewed by the Constitutional Court". If the document of 2015 would be a violation of the Constitution, then how would the obligation be derived from this document (items 2 and 21 thereof) for the handling by the Constitutional Court of the Statute and changes to the Statute. Or Mr. Kurti has an interest in declaring this unconstitutional in order to avoid handling the statute in the Constitutional Court.
However, the violation of the Constitution is the result and lie of Mr. When you
Kurti writes in this article that "Last year we reached a New Basic Agreement which, on the one hand, brings de facto mutual recognition and normalization of relations between Kosovo and Serbia, and on the other hand, through Article 7, addresses the findings of Constitutional Court to the Association". He is wrong! In fact, this New Basic Agreement waives mutual recognition (de jure recognition), invokes Resolution 1244, and made Kosovo's independence status unbiased for the parties?! Point 7 of the agreement of Mr. Kurti installs the territorial political autonomy of the Serbian community, the limits of autonomy and the arbitration of the constitutional order of the country (as defined by the draft statute). It guarantees to the Serbian Orthodox Church the officiality of its status, which is neither less nor more than extraterritoriality, or state to state.
I have not heard that the Constitutional Court has ever requested this!
As for de facto recognition and normalization, Serbia "proved" this in recent days. In Strasbourg, in the EC, he considered Kosovo to "belong, is and will be Serbia", while yesterday he mistreated, arrested and prevented the free movement of citizens from Kosovo. Before that, in Banjska, he tried to recognize the de facto independence of Kosovo with terrorists armed to the teeth with military arsenal".

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