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{{Other uses|Brussels Agreement}}
The Brussels Agreement was the result of talks in 2013, between representatives of the governments of [[Serbia]] and [[Kosovo]]. They met in [[Brussels]] to agree renormalisation of relations, supported by the European Union. Kosovo had [[2008 Kosovo declaration of independence|declared independence in 2008]], following the [[Kosovo War]], but this was not recognised by the government of Serbia. The discussions were facilitated by the [[European Union]], and an agreement was signed on 19 April 2013 by [[Ivica Dačić]] (prime minister of Serbia) and [[Hashim Thaçi]] (prime minister of [[Kosovo]]).<ref>{{cite news|title=EU brokers historic Kosovo deal, door opens to Serbia accession|url=http://www.reuters.com/article/2013/04/19/us-serbia-kosovo-eu-idUSBRE93I0IB20130419|accessdate=5 November 2013|newspaper=Reuters|date=19 April 2013}}</ref>


The '''Brussels Agreement''' ({{lang-al|Brukseli Marrëveshja}}; {{lang-sr|Брисел споразум / ''Brisel sporazum''}}) is an agreement between the Governments of [[Government of Serbia|Serbia]] and [[Government of Kosovo|Kosovo]] on the normalization of relations. The agreement was negotiated and signed in [[Brussels]] under the auspices of the [[European Union]]. The negotiations where lead by Serbian [[Prime Minister of Serbia|Prime Minister]] [[Ivica Dačić]] and Kosovo [[Prime Minister of Kosovo|Prime Minister]] [[Hashim Thaçi]] and where mediated by [[High Representative of the Union for Foreign Affairs and Security Policy|EU High Representative]] [[Catherine Ashton]]. The agreement was formally signed on 19 April 2013.<ref>{{cite news|url=http://www.reuters.com/article/2013/04/19/us-serbia-kosovo-eu-idUSBRE93I0IB20130419|title=EU brokers historic Kosovo deal, door opens to Serbia accession|newspaper=Reuters|date=19 April 2013|accessdate=5 November 2013}}</ref>
==Discussions==

There were ten rounds of talks at the [[EEAS]] office in Brussels. [[Catherine Ashton]], the EU High Representative, had been chairing talks for two years.<ref>{{cite news|title=Another Serbia-Kosovo meeting in Brussels ends without agreement|url=http://daily.tportal.hr/282565/Another-Serbia-Kosovo-meeting-in-Brussels-ends-without-agreement.html|accessdate=29 October 2013|newspaper=daily.tportal.hr|date=27 August 2013}}</ref> [[Kosovo–Serbia relations|Relations between Kosovo and Serbia]] had previously been difficult. Normalisation of relations with neighbours is a key precondition for states wanting to join the EU; the Brussels Agreement was a step closer towards Kosovo signing a [[Stabilisation and Association Process|Stabilisation and Association Agreement]]. One of the most difficult problems was the status of ethnic Serbs living in [[North Kosovo]].
==Background==
Following the [[Kosovo War]] and [[NATO bombing of Yugoslavia]] in 1999, Kosovo has been under [[UNMIK|United Nations administration]] under [[United Nations Security Council Resolution 1244|UNSC Resolution 1244]]. Kosovo unilaterally [[2008 Kosovo declaration of independence|declared independence]] in 2008 against the wishes of Serbia, receiving [[International recognition of Kosovo|mixed international recognition]]. Serbia continues to deny recognition.

==Talks==
There were ten rounds of talks at the [[European External Action Service|EEAS]] office in Brussels. [[Catherine Ashton]], the EU High Representative, had been chairing talks for two years.<ref>{{cite news|title=Another Serbia-Kosovo meeting in Brussels ends without agreement|url=http://daily.tportal.hr/282565/Another-Serbia-Kosovo-meeting-in-Brussels-ends-without-agreement.html|accessdate=29 October 2013|newspaper=daily.tportal.hr|date=27 August 2013}}</ref> [[Kosovo–Serbia relations|Relations between Kosovo and Serbia]] had previously been difficult. Normalisation of relations with neighbours is a key precondition for states wanting to join the EU; the Brussels Agreement was a step closer towards Kosovo signing a [[Stabilisation and Association Process|Stabilisation and Association Agreement]]. One of the most difficult problems was the status of ethnic Serbs living in [[North Kosovo]].


The result was a 15-point "First Agreement of Principles Governing the Normalisation of Relations", signed on 19 April.<ref>{{cite web|title=The Kosovo-Serbia Agreement: Why Less Is More|url=http://www.crisisgroupblogs.org/across-eurasia/2013/05/07/the-kosovo-serbia-agreement-why-less-is-more/|publisher=International Crisis Group|accessdate=29 October 2013}}</ref>
The result was a 15-point "First Agreement of Principles Governing the Normalisation of Relations", signed on 19 April.<ref>{{cite web|title=The Kosovo-Serbia Agreement: Why Less Is More|url=http://www.crisisgroupblogs.org/across-eurasia/2013/05/07/the-kosovo-serbia-agreement-why-less-is-more/|publisher=International Crisis Group|accessdate=29 October 2013}}</ref>


After the agreement was signed, the [[European Commission]] officially advised that work should start on an SAA with Kosovo,<ref>{{cite web|title=Serbia and Kosovo reach landmark deal|url=http://eeas.europa.eu/top_stories/2013/190413__eu-facilitated_dialogue_en.htm|publisher=European Union External Action Service|accessdate=28 October 2013}}</ref> and [[Accession of Serbia to the European Union|accession negotiations]] began with Serbia. The agreement was applauded by the European Union, [[NATO]], the [[OSCE]], and the [[United Nations]].<ref>{{cite web|title=Ban welcomes ‘landmark’ agreement between Serbia and Kosovo negotiators|url=http://www.un.org/apps/news/story.asp?NewsID=44708&Cr=kosovo&Cr1#.Um8DpPk5kZw|publisher=UN News Centre|accessdate=29 October 2013}}</ref>
After the agreement was signed, the [[European Commission]] officially advised that work should start on an SAA with Kosovo,<ref>{{cite web|title=Serbia and Kosovo reach landmark deal|url=http://eeas.europa.eu/top_stories/2013/190413__eu-facilitated_dialogue_en.htm|publisher=European Union External Action Service|accessdate=28 October 2013}}</ref> and [[Accession of Serbia to the European Union|accession negotiations]] began with Serbia. The agreement was supported by the European Union, [[NATO]], the [[OSCE]], and the [[United Nations]].<ref>{{cite web|title=Ban welcomes ‘landmark’ agreement between Serbia and Kosovo negotiators|url=http://www.un.org/apps/news/story.asp?NewsID=44708&Cr=kosovo&Cr1#.Um8DpPk5kZw|publisher=UN News Centre|accessdate=29 October 2013}}</ref>


==Conclusion==
===Full text of the "First Agreement of Principles Governing the Normalization of Relations"===
The key points of the agreement are:
1. There will be an Association/Community of Serb majority municipalities in Kosovo. Membership will be open to any other municipality provided the members are in agreement.


*1. There will be an Association/Community of Serb majority municipalities in Kosovo. Membership will be open to any other municipality provided the members are in agreement.
2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).


*2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).
3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.


*3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.
4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.


*4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.
5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.


*5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.
6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities’ consultative council for this purpose. In the pursuit of this role a monitoring function is envisaged.


*6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities’ consultative council for this purpose. In the pursuit of this role a monitoring function is envisaged.
7. There shall be one police force in Kosovo called the Kosovo Police. All police in northern Kosovo shall be integrated in the Kosovo Police framework. Salaries will be only from the KP.


*7. There shall be one police force in Kosovo called the Kosovo Police. All police in northern Kosovo shall be integrated in the Kosovo Police framework. Salaries will be only from the KP.
8. Members of other Serbian security structures will be offered a place in equivalent Kosovo structures.


*8. Members of other Serbian security structures will be offered a place in equivalent Kosovo structures.
9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic). The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Interior from a list provided by the four mayors on behalf of the Community/Association. The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri). The regional commander of the four northern municipalities will cooperate with other regional commanders.


*9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic). The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Interior from a list provided by the four mayors on behalf of the Community/Association. The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri). The regional commander of the four northern municipalities will cooperate with other regional commanders.
10. The judicial authorities will be integrated and operate within the Kosovo legal framework. The Appellate Court in Pristina will establish a panel composed of a majority of K/S judges to deal with all Kosovo Serb majority municipalities.


11. A division of this Appellate Court, composed both by administrative staff and judges will sit permanently in northern Mitrovica (Mitrovica District Court). Each panel of the above division will be composed by a majority of K/S judges. Appropriate judges will sit dependant on the nature of the case involved.
*10. The judicial authorities will be integrated and operate within the Kosovo legal framework. The Appellate Court in Pristina will establish a panel composed of a majority of K/S judges to deal with all Kosovo Serb majority municipalities.


*11. A division of this Appellate Court, composed both by administrative staff and judges will sit permanently in northern Mitrovica (Mitrovica District Court). Each panel of the above division will be composed by a majority of K/S judges. Appropriate judges will sit dependant on the nature of the case involved.
12. Municipal elections shall be organized in the northern municipalities in 2013 with the facilitation of the OSCE in accordance with Kosovo law and international standards.


*12. Municipal elections shall be organized in the northern municipalities in 2013 with the facilitation of the OSCE in accordance with Kosovo law and international standards.
13. Discussions on Energy and Telecoms will be intensified by the two sides and completed by June 15.


*13. Discussions on Energy and Telecoms will be intensified by the two sides and completed by June 15.
14. It is agreed that neither side will block, or encourage others to block, the other side’s progress in their respective EU path.


*14. It is agreed that neither side will block, or encourage others to block, the other side’s progress in their respective EU path.
15. An implementation committee will be established by the two sides, with the facilitation of the EU

*15. An implementation committee will be established by the two sides, with the facilitation of the EU


==Later talks==
==Later talks==
Line 47: Line 54:


== Reactions ==
== Reactions ==
Some scholars, including [[Smilja Avramov]] and [[Elena Guskova]], stated that the Brussels Agreement violates the [[Constitution of Serbia]] and the [[United Nations Charter]] which represents Serbia's indirect recognition of the independence of Kosovo.<ref>{{cite news|title=Смиља Аврамов: Споразум Београда и Приштине индиректно признање самопроглашеног Косова|url=http://www.novinar.de/2013/04/20/smilja-avramov-sporazum-beograda-i-pristine-indirektno-priznanje-samoproglasenog-kosova.html|accessdate=30 October 2013|newspaper=Novinar Online|agency=SRNA|quote=Српски експерт за међународно право Смиља Аврамов оцијенила је да споразум између Београда и Приштине представља индиректно признање самопроглашеног Косова и поручила да је њиме погажена Повеља УН која Србији гарантује територијални интегритет....Јелена Гускова: Споразум Београда и Приштине је уговор о признању независности Косова}}</ref>

Some scholars, including [[Smilja Avramov]] and [[Elena Guskova]], stated that Brussels Agreement violates [[Constitution of Serbia]] and [[United Nations Charter]] and represents Serbia's indirect recognition of the independence of Kosovo.<ref>{{cite news|title=Смиља Аврамов: Споразум Београда и Приштине индиректно признање самопроглашеног Косова|url=http://www.novinar.de/2013/04/20/smilja-avramov-sporazum-beograda-i-pristine-indirektno-priznanje-samoproglasenog-kosova.html|accessdate=30 October 2013|newspaper=Novinar Online|agency=SRNA|quote=Српски експерт за међународно право Смиља Аврамов оцијенила је да споразум између Београда и Приштине представља индиректно признање самопроглашеног Косова и поручила да је њиме погажена Повеља УН која Србији гарантује територијални интегритет....Јелена Гускова: Споразум Београда и Приштине је уговор о признању независности Косова}}</ref>


==See also==
==See also==
* [[International recognition of Kosovo]]
*[[International recognition of Kosovo]]


==References==
==References==
{{reflist}}
{{Reflist|2}}

==External links==
*[http://www.gazetaexpress.com/?cid=1%2C13%2C109459 Full text of the agreement]
*[http://www.gazetaexpress.com/?cid=1%2C13%2C109459 Full text of the agreement]


{{Foreign relations of Kosovo}}
{{Foreign relations of Kosovo}}
{{Foreign relations of Serbia}}
{{Foreign relations of Serbia}}

[[Category:Independence of Kosovo]]
[[Category:Independence of Kosovo]]
[[Category:Kosovo–Serbia relations| ]]
[[Category:Kosovo–Serbia relations| ]]

Revision as of 01:53, 7 November 2013

The Brussels Agreement (Albanian: Brukseli Marrëveshja; [Брисел споразум / Brisel sporazum] Error: {{Lang-xx}}: text has italic markup (help)) is an agreement between the Governments of Serbia and Kosovo on the normalization of relations. The agreement was negotiated and signed in Brussels under the auspices of the European Union. The negotiations where lead by Serbian Prime Minister Ivica Dačić and Kosovo Prime Minister Hashim Thaçi and where mediated by EU High Representative Catherine Ashton. The agreement was formally signed on 19 April 2013.[1]

Background

Following the Kosovo War and NATO bombing of Yugoslavia in 1999, Kosovo has been under United Nations administration under UNSC Resolution 1244. Kosovo unilaterally declared independence in 2008 against the wishes of Serbia, receiving mixed international recognition. Serbia continues to deny recognition.

Talks

There were ten rounds of talks at the EEAS office in Brussels. Catherine Ashton, the EU High Representative, had been chairing talks for two years.[2] Relations between Kosovo and Serbia had previously been difficult. Normalisation of relations with neighbours is a key precondition for states wanting to join the EU; the Brussels Agreement was a step closer towards Kosovo signing a Stabilisation and Association Agreement. One of the most difficult problems was the status of ethnic Serbs living in North Kosovo.

The result was a 15-point "First Agreement of Principles Governing the Normalisation of Relations", signed on 19 April.[3]

After the agreement was signed, the European Commission officially advised that work should start on an SAA with Kosovo,[4] and accession negotiations began with Serbia. The agreement was supported by the European Union, NATO, the OSCE, and the United Nations.[5]

Conclusion

The key points of the agreement are:

  • 1. There will be an Association/Community of Serb majority municipalities in Kosovo. Membership will be open to any other municipality provided the members are in agreement.
  • 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).
  • 3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.
  • 4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.
  • 5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.
  • 6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities’ consultative council for this purpose. In the pursuit of this role a monitoring function is envisaged.
  • 7. There shall be one police force in Kosovo called the Kosovo Police. All police in northern Kosovo shall be integrated in the Kosovo Police framework. Salaries will be only from the KP.
  • 8. Members of other Serbian security structures will be offered a place in equivalent Kosovo structures.
  • 9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic). The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Interior from a list provided by the four mayors on behalf of the Community/Association. The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri). The regional commander of the four northern municipalities will cooperate with other regional commanders.
  • 10. The judicial authorities will be integrated and operate within the Kosovo legal framework. The Appellate Court in Pristina will establish a panel composed of a majority of K/S judges to deal with all Kosovo Serb majority municipalities.
  • 11. A division of this Appellate Court, composed both by administrative staff and judges will sit permanently in northern Mitrovica (Mitrovica District Court). Each panel of the above division will be composed by a majority of K/S judges. Appropriate judges will sit dependant on the nature of the case involved.
  • 12. Municipal elections shall be organized in the northern municipalities in 2013 with the facilitation of the OSCE in accordance with Kosovo law and international standards.
  • 13. Discussions on Energy and Telecoms will be intensified by the two sides and completed by June 15.
  • 14. It is agreed that neither side will block, or encourage others to block, the other side’s progress in their respective EU path.
  • 15. An implementation committee will be established by the two sides, with the facilitation of the EU

Later talks

After the Brussels Agreement, further discussions were held in August 2013, to implement some of the items agreed earlier, and to deal with issues in the energy and telecoms industries.

There were also concerns about how the 2013 local-government elections in Kosovo would be administered; the government of Serbia objected to any mention of "the state of Kosovo" on ballot papers.[6] The government of Serbia agreed that it should encourage Serbs in northern Kosovo to get involved in these local elections.[7]

In October 2013, arrangements were made for Serbian officials to visit North Kosovo,[8] and electoral bodies in Kosovo would include Kosovo Serb representatives[9] It was also agreed to allocate the international dialling code 383 to Kosovo.[10]

Reactions

Some scholars, including Smilja Avramov and Elena Guskova, stated that the Brussels Agreement violates the Constitution of Serbia and the United Nations Charter which represents Serbia's indirect recognition of the independence of Kosovo.[11]

See also

References

  1. ^ "EU brokers historic Kosovo deal, door opens to Serbia accession". Reuters. 19 April 2013. Retrieved 5 November 2013.
  2. ^ "Another Serbia-Kosovo meeting in Brussels ends without agreement". daily.tportal.hr. 27 August 2013. Retrieved 29 October 2013.
  3. ^ "The Kosovo-Serbia Agreement: Why Less Is More". International Crisis Group. Retrieved 29 October 2013.
  4. ^ "Serbia and Kosovo reach landmark deal". European Union External Action Service. Retrieved 28 October 2013.
  5. ^ "Ban welcomes 'landmark' agreement between Serbia and Kosovo negotiators". UN News Centre. Retrieved 29 October 2013.
  6. ^ "Serbia and Kosovo hold talks in Brussels". Euronews. 27 August 2013. Retrieved 28 October 2013.
  7. ^ "Serbian PM claims Kosovo breaches Brussels agreement: media". Xinhua. 05 October 2013. Retrieved 28 October 2013. {{cite news}}: Check date values in: |date= (help)
  8. ^ "Belgrade, Pristina overcome dispute ahead of Kosovo local polls". EUbusiness. 08 October 2013. Retrieved 29 October 2013. {{cite news}}: Check date values in: |date= (help)
  9. ^ "Brussels Deal: Serbian Officials Free To Enter Kosovo". inSerbia. 08 October 2013. Retrieved 29 October 2013. {{cite news}}: Check date values in: |date= (help)
  10. ^ ""Serbia allocated calling code to Kosovo"". B92. 09 September 2013. Retrieved 28 October 2013. {{cite news}}: Check date values in: |date= (help)
  11. ^ "Смиља Аврамов: Споразум Београда и Приштине индиректно признање самопроглашеног Косова". Novinar Online. SRNA. Retrieved 30 October 2013. Српски експерт за међународно право Смиља Аврамов оцијенила је да споразум између Београда и Приштине представља индиректно признање самопроглашеног Косова и поручила да је њиме погажена Повеља УН која Србији гарантује територијални интегритет....Јелена Гускова: Споразум Београда и Приштине је уговор о признању независности Косова

External links