Delay looms for Kosovo’s Council of Europe membership amidst constitutional issue

The absence of Kosovo’s membership on the agenda signals potential delays, attributed to unresolved constitutional issues concerning the Community of Serb Municipalities. Prime Minister Albin Kurti’s refusal to comply with demands for the creation of a new administrative body for Serb-majority areas, viewed as a prerequisite by France, Germany, and Italy, has stirred dissatisfaction among diplomatic circles. Despite prior approval from the CoE’s political affairs committee and the Parliamentary Assembly (PACE) in April, Kurti maintains that such conditions are untenable.

Efforts to prioritize the Community of Serb Municipalities as an urgent matter have been met with resistance by Kurti, who argues against its disproportionate emphasis within Kosovo’s membership process. This stance complicates the path to CoE accession, leaving the Committee of Ministers to deliberate on Kosovo’s status following PACE’s endorsement.

Central to the impasse is Kosovo’s Constitutional Court’s stance on the statute of the Community of Serb Municipalities, which poses a constitutional challenge. The court’s previous ruling deemed any extension of autonomy beyond municipal levels unconstitutional, raising concerns over the potential emergence of an independent Serb territory.

Kurti’s government remains wary of compromising Kosovo’s sovereignty and territorial integrity, fearing parallels with Bosnia and Herzegovina’s Republika Srpska. Brussels, in response, urges Kosovo to revisit the Constitutional Court’s verdict to align with EU-brokered agreements and defuse tensions in the Western Balkans.

The EU’s call for Serbia to refrain from obstructing Kosovo’s international integration underscores the broader geopolitical dynamics at play. While Belgrade’s formal acceptance of the Ohrid Agreement signals a willingness to cooperate, full compliance with EU-mediated accords remains elusive for both sides.

As Kosovo navigates the complexities of its accession process, the specter of unresolved disputes and simmering tensions underscores the enduring challenges facing the region’s stability and EU aspirations.