Less than a week ago, the Assembly of Kosovo, with a majority of votes, under an initiative brought forward by the three opposition parties, NISMA, AAK and Vetëvendosje, passed the motion of no confidence in the government. The move triggered snap elections which are now foreseen to be held on 11th of June. While the need to ensure free and fair elections is paramount, the following summary will only focus on the background that led to this situation, the constitutional norms governing elections and coalition formation and how these have affected party alignment before elections.

In a difficult and often challenging year for the Government and for Kosovo society in general, a number of political developments have cast shadows over the long-term stability of the governing coalition composed of PDK, LDK, and Srpska lista. Internal disagreements over major issues such as the newly-adopted Law on Trepça/Trepča or the establishment of the Association/Community of Serb-majority Municipalities have put a strain on the work of the government endangering its majority in parliament. At the same time, the agreement on border demarcation with Montenegro turned into a major political issue with the opposition staging a number of strong protests inside and outside parliament; Srpska lista chose to boycott the vote, leading to a deadlock and complicating relations within the government even further.

The long-awaited decision of the Constitutional Court on the constitutionality of the Principles and Main Elements of the 25 August 2015 agreement between Kosovo and Serbia—particularly as it relates to the Association/Community of Serb-majority municipalities—made it evident there is still much to be done to anchor the Association/Community on solid legal footing.

Throughout 2015, ECMI Kosovo has regularly reported on development affecting communities in Kosovo through its Kosovo Communities Issues Monitor. An important part of our attention went out to the Association/Community of Serb Majority Municipalities. Therefore it is appropriate to devote the final issue of the Monitor for 2015 to the Association and argue for a shift in the discussion. Up to now, the discussion has mainly revolved around obligations stemming from the existing legislation or international agreements. The existing legislation, the Dialogue, and international agreements, however, establish a framework, but don’t predetermine the competences and functioning of the Association. In fact, earlier agreements on the Association leave open many outstanding issues. These should be clarified through an inclusive and careful discussion, which should focus on the question how services in the fields of own or enhanced competencies in Serb-majority municipalities could be carried out in a more efficient and transparent manner through inter-municipal cooperation. Only if there is a clear view on how inter-municipal cooperation between Serb-majority municipalities can improve the provision of municipal services, can we determine how to best frame the way the Association should function and determine its competences.

The renewed incident in Goraždevac/Gorazhdec can no longer be discarded as one in a row of merely isolated incidents. This is a trend of increased intensity that has a negative influence on the security of the Serb community, which is a crucial prerequisite for their integration process in Kosovo. This pattern should be dealt with in the short term (by increasing security measures and acting against those responsible, as well as increasing the number of Kosovo Serb police officers in Serb-majority communities), but also in a more structural way by increasing the trust and reducing the ethnic distance between Albanian and Serbian communities in Kosovo, including at a political level.

The Constitutional Court approved the request made by President Jahjaga to interpret the compatibility of the 25 August agreement with the Constitution of the Republic of Kosovo and suspend all activities produced by the Agreement until it reached a decision. Our newest contribution to the Kosovo Communities Issues Monitor looks into the request and argues that any ruling on the Principles would be speculative in nature at this stage, as the full details on the Statute have not been drafted yet. Further, while a constitutional court review was foreseen for the final agreement, this early involvement of the constitutional court in the process was not foreseen and it is yet unknown what effect it will have on the overall dialogue process.