"EULEX has right to sign protocol"
International representatives in Kosovo Yves de Kermabon and Pieter Feith claim that EULEX has the right to sign a protocol with Serbia's police.
Saturday, 29.08.2009.
16:43
International representatives in Kosovo Yves de Kermabon and Pieter Feith claim that EULEX has the right to sign a protocol with Serbia's police. This is according to a report in Albanian language daily Koha Ditore in Pristina this Saturday, that also says this right derives from "Kosovo's constitution". "EULEX has right to sign protocol" According to this article, EULEX and International Civilian Mission (ICO) legal staff "made sure to make their bosses' arguments easier, and prepared a document containing details from a letter that President Sejdiu sent to invite EULEX in February 2008, as well as with details from the Kosovo constitution and the Ahtisaari plan". The newspaper adds that the prepared document was used by Kermabon and Feith to back up their arguments as they met with Sejdiu and Thaci earlier this week. "Although it does not recognize Kosovo's independence, the EU mission in Kosovo [EULEX] has warned the Kosovo leaders that most important documents of their state, the constitution and the Ahtisaari package, give EULEX powers to prepare a protocol on cooperation with Serbia," according to the Pristina daily. This document reportedly cites "second clause, article 146 of the Kosovo constitution" that states that "authorities of the republic of Kosovo fully cooperate with organizations and other international actors who have a mandate in Kosovo according to the proposal to solve the status of Kosovo [Ahtisaari package] and among others, their decisions have legal power". As they met with the Kosovo Albanian leaders on Thursday, Kermabon and Feith also reminded that "the constitution of Kosovo recognizes the international civilian representative [Feith] as the final authority to interpret the Ahtisaari package, from which the constitution of Kosovo stems". After the meeting, both Sejdiu and Thaci said that "all debate and discussion over the announced protocol was over". Their statement said that "Kosovo's institutions are sovereign and as such make sovereign decisions in line with the constitution and the laws", and that Kosovo would not take "any responsibility for those issues on which it did not make a decision in a sovereign manner". According to the daily, EULEX after that announced it was awaiting decisions from Brussels on the next moves. The same report said that the EU would discuss all this on Monday.
"EULEX has right to sign protocol"
According to this article, EULEX and International Civilian Mission (ICO) legal staff "made sure to make their bosses' arguments easier, and prepared a document containing details from a letter that President Sejdiu sent to invite EULEX in February 2008, as well as with details from the Kosovo constitution and the Ahtisaari plan".The newspaper adds that the prepared document was used by Kermabon and Feith to back up their arguments as they met with Sejdiu and Thaci earlier this week.
"Although it does not recognize Kosovo's independence, the EU mission in Kosovo [EULEX] has warned the Kosovo leaders that most important documents of their state, the constitution and the Ahtisaari package, give EULEX powers to prepare a protocol on cooperation with Serbia," according to the Priština daily.
This document reportedly cites "second clause, article 146 of the Kosovo constitution" that states that "authorities of the republic of Kosovo fully cooperate with organizations and other international actors who have a mandate in Kosovo according to the proposal to solve the status of Kosovo [Ahtisaari package] and among others, their decisions have legal power".
As they met with the Kosovo Albanian leaders on Thursday, Kermabon and Feith also reminded that "the constitution of Kosovo recognizes the international civilian representative [Feith] as the final authority to interpret the Ahtisaari package, from which the constitution of Kosovo stems".
After the meeting, both Sejdiu and Thaci said that "all debate and discussion over the announced protocol was over".
Their statement said that "Kosovo's institutions are sovereign and as such make sovereign decisions in line with the constitution and the laws", and that Kosovo would not take "any responsibility for those issues on which it did not make a decision in a sovereign manner".
According to the daily, EULEX after that announced it was awaiting decisions from Brussels on the next moves. The same report said that the EU would discuss all this on Monday.
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