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Brussels Agreement (2013)

The Brussels Agreement (Serbian: Бриселски споразум / Briselski sporazum, Albanian: Marrëveshja e Brukselit), formally the First Agreement of Principles Governing the Normalisation of Relations, is an agreement to normalize relations between the governments of Serbia and Kosovo.[a][1] The agreement, negotiated and concluded in Brussels under the auspices of the European Union, was signed on 19 April 2013.[2] Negotiations were led by Serbian Prime Minister Ivica Dačić and Kosovo Prime Minister Hashim Thaçi, mediated by EU High Representative Catherine Ashton. The government of Serbia does not recognize Kosovo as a sovereign state, but began normalising relations with the government of Kosovo as a result of the agreement.[3] Serbian president Aleksandar Vučić said in 2018 that the agreement is a difficult compromise for Serbia, which Vučić said had met all of its obligations.[4]

Brussels Agreement
First Agreement of Principles Governing the Normalisation of Relations
TypeTreaty
ContextNormalization of Kosovo–Serbia relations
Signed19 April 2013 (2013-04-19)
LocationBrussels, Belgium
Mediators
Original
signatories
Signatories

On 24 March 2022, Serbian President Aleksandar Vučić claimed that the Brussels Agreement "no longer exists", citing the suspension of court president of Mitrovica Ljiljana Stevanović by the Kosovo Judicial Council and alleged plans to remove all Serb commanders from the Kosovo police force as the primary reason.[5][6] Prime Minister Ana Brnabić made similar remarks and claimed that basic human rights of the Serb community in Kosovo were not respected.[7]

Background

Following the Kosovo War and the NATO bombing of Yugoslavia in 1999, Kosovo (as part of Serbia and the Federal Republic of Yugoslavia) was placed under United Nations administration under UNSC Resolution 1244. Kosovo declared independence in 2008, which has been recognised by 97 countries. However, Serbia maintains that Kosovo continues to be part of its territory.[8] European Union-mediated dialogue between Kosovo and Serbia began in March 2011.[9] Serbia and Kosovo were urged to continue talks in Brussels, but Serbia was not obliged to recognize Kosovo during the process.[10]

Talks

 
(left to right) Serbian Prime Minister Ivica Dačić, mediator Catherine Ashton, and Kosovar Prime Minister Hashim Thaçi in Munich, 2014

Ten rounds of talks were held at the European External Action Service office in Brussels. EU High Representative Catherine Ashton chaired the talks for two years, followed by Federica Mogherini. Normalisation of relations with neighbouring states is a key precondition for states wishing to join the EU; the Brussels Agreement brought Serbia close to EU accession talks and Kosovo to initializing a Stabilisation and Association Agreement (SAA). The SAA was signed by HR Mogherini and Kosovar Prime Minister Isa Mustafa in October 2015.

United States diplomats have supported the EU-led dialogue. U.S. Secretary of State Hillary Clinton invited Baroness Ashton to travel in the Balkans, and they made joint visits to Belgrade, Pristina, and Sarajevo in October 2012.

The European Commission advised beginning an SAA with Kosovo after the agreement was concluded,[11] and accession negotiations began with Serbia. The agreement was supported by the European Union, NATO, the OSCE, and the United Nations.[12]

Agreement

 
Map of Kosovo, with the planned Community of Serb Municipalities in blue

The two-page agreement has 15 paragraphs. Paragraphs 1–6 concern the establishment, scope, and functions of the planned Community of Serb Municipalities. Paragraphs 7–9 concern police and security, specifying one police force for all of Kosovo (including the north) known as the Kosovo Police. Paragraph 11 stipulates that municipal elections shall be held throughout Kosovo under Kosovo law. Paragraph 12 provides for the creation of an implementation plan and specifies a date (now past) by which the plan would be concluded. Paragraph 13 undertakes to intensify discussions on energy and telecommunications. According to Paragraph 14, "Neither side will block, or encourage others to block, the other side's progress in their respective EU paths." Paragraph 15 envisages the establishment of an implementation committee with EU facilitation.

The document agrees on the integration of Serb-majority municipalities in North Kosovo into the Kosovar legal system, with two guarantees:

  • All judicial matters are under the law of Kosovo, but Kosovo Serbs must be a majority of certain judicial panels; a panel (the Mitrovica District Court) must sit in North Mitrovica.
  • All policing is to be done by the Kosovo Police, but the police regional commander of the Serb-majority areas must be a Kosovo Serb chosen from a list provided by Kosovo Serb municipalities.[13][14]

Later talks

After the agreement was signed, meetings have been held regularly to implement its provisions. A judicial agreement was reached in February 2015, followed by agreements on energy and telecommunications operators. On 25 August of that year, an agreement was concluded to establish the Association of Serbian Communities.

Concerns existed about how the 2013 local-government elections in Kosovo would be administered, with the government of Serbia objecting to any mention of "the state of Kosovo" on ballot papers;[15] however, the Serbian government agreed that it should encourage Serbs in northern Kosovo to participate in the local elections.[16] That October, arrangements were made for Serbian officials to visit North Kosovo.[17] It was agreed that electoral bodies in Kosovo would include Kosovo Serb representatives,[18] and the international dialing code +383 would be assigned to Kosovo.[19] After some delay,[20] the new geographic phone code was implemented in December 2016.[21]

Serbian reaction

Scholars Smilja Avramov and Elena Guskova maintain that the agreement violates the Constitution of Serbia and the United Nations Charter, and is an indirect recognition of Kosovar independence.[22] The Assembly of Kosovo has ratified the agreement, incorporated it into law, and treats it as an "international agreement."[23]

The National Assembly of Serbia has not treated the agreement as international and has not ratified it, the Serbian procedure for approving an international agreement;[24] however, it has accepted the government report about the "hitherto process of political and technical dialogue with the temporary institutions in Pristina with the mediation of EU, including the process of implementation of the achieved agreements."[25] The constitutional court in Belgrade did not answer a question about the constitutionality of the agreement, saying in December 2014 that the issue was a political question and not a legal one.[26]

Notes

  1. ^ a b The political status of Kosovo is disputed. Having unilaterally declared independence from Serbia in 2008, Kosovo is formally recognised as an independent state by 101 UN member states (with another 13 states recognising it at some point but then withdrawing their recognition) and 92 states not recognizing it, while Serbia continues to claim it as part of its own territory.

See also

References

  1. ^ srbija.gov.rs. "Brussels Agreement". www.srbija.gov.rs. from the original on 2021-07-15. Retrieved 2021-07-15.
  2. ^ "Republic of Serbia - Government" (PDF). (PDF) from the original on 2015-09-08.
  3. ^ "EU-Balkans Integration, Hand in Hand With Kosovo-Serbia Dialogue". BiEPAG. July 27, 2021. from the original on September 26, 2021. Retrieved September 26, 2021.
  4. ^ "President Vucic says he will tell the truth at UN Security Council session". N1 info Serbia. from the original on 2021-04-19. Retrieved 2018-12-16.
  5. ^ "Vučić poručio da Briselski sporazum više ne postoji". www.slobodnaevropa.org. 24 March 2022. Retrieved 25 March 2022.
  6. ^ "Suspendovana predsednica suda u Mitrovici zbog učešća na sastanku sa Vučićem". www.slobodnaevropa.org. 24 March 2022.
  7. ^ "Brnabić: "Briselski sporazum je mrtav"; Vulin: "Ovo je prvi korak ka uvlačenju Srbije u oružane sukobe"". www.b92.net. 24 March 2022.
  8. ^ "Dacic: The Central African Republic has withdrawn recognition of Kosovo's independence". B92.net. from the original on 2020-11-11. Retrieved 2020-03-16.
  9. ^ "Kosovo and Serbia Reach Historic Deal in Brussels". April 19, 2013. from the original on December 25, 2018. Retrieved June 28, 2020.
  10. ^ ""EU wants results of dialogue, not recognition of Kosovo"". Bulevar B92. from the original on 2020-06-30. Retrieved 2021-09-26.
  11. ^ "Serbia and Kosovo reach landmark deal". European Union External Action Service. from the original on 30 April 2013. Retrieved 28 October 2013.
  12. ^ "Ban welcomes 'landmark' agreement between Serbia and Kosovo negotiators". UN News Centre. from the original on 11 February 2021. Retrieved 29 October 2013.
  13. ^ "First agreement of principles governing the normalization of relations" (PDF). rts.rs. (PDF) from the original on 2013-05-02. Retrieved 2015-08-22.
  14. ^ . Crisis Group. 7 May 2013. Archived from the original on 10 September 2015. Retrieved 2015-08-22.
  15. ^ . Euronews. 27 August 2013. Archived from the original on 5 November 2013. Retrieved 28 October 2013.
  16. ^ . Xinhua. 5 October 2013. Archived from the original on 26 November 2013. Retrieved 28 October 2013.
  17. ^ "Belgrade, Pristina overcome dispute ahead of Kosovo local polls". EUbusiness. 8 October 2013. from the original on 17 December 2013. Retrieved 29 October 2013.
  18. ^ "Brussels Deal: Serbian Officials Free To Enter Kosovo". inSerbia. 8 October 2013. from the original on 11 October 2013. Retrieved 29 October 2013.
  19. ^ "Serbia allocated calling code to Kosovo". B92. 9 September 2013. from the original on 17 May 2014. Retrieved 28 October 2013.
  20. ^ "Statement by High Representative/Vice-President Federica Mogherini following the meeting of the EU-facilitated dialogue". EEAS - European Union. from the original on 26 August 2015. Retrieved 25 August 2015.
  21. ^ "Kosovo Hails Receipt of Own Telephone Code". balkaninsight.com. from the original on 2016-12-16. Retrieved 2016-12-22.
  22. ^ "Смиља Аврамов: Споразум Београда и Приштине индиректно признање самопроглашеног Косова". Novinar Online. SRNA. from the original on 2 November 2013. 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
  23. ^ http://www.kuvendikosoves.org/common/docs/ligjet/Zakon%20o%20ratifikaciji%20sporazuma%20normalizacija%20odnosa%20Kosova%20-%20Serbije.pdf 2016-03-04 at the Wayback Machine]
  24. ^ "Zakon o zakljucivanju i izvrsenju medjunarodnih ugovora" (PDF). (PDF) from the original on 2015-09-24. Retrieved 2014-12-15.
  25. ^ "O PRIHVATANjU IZVEŠTAJA O DOSADAŠNjEM PROCESS POLITIČKOG I TEHNIČKOG DIJALOGA SA PRIVREMENIM INSTITUCIJAMA SAMOUPRAVE U PRIŠTINI UZ POSREDOVANjE EVROPSKE UNIJE, UKLjUČUJUĆI PROCES IMPLEMENTACIJE POSTIGNUTIH DOGOVORA" (PDF). (PDF) from the original on 2014-12-16. Retrieved 2014-12-15.
  26. ^ ""Briselski sporazum Je politički" - B92.net". B92.net (in Serbian). from the original on 2018-01-11. Retrieved 2017-03-20.

External links

  • Full text of the First Agreement
  • Implementation Plan
  • Policy briefs

brussels, agreement, 2013, brussels, agreement, serbian, Бриселски, споразум, briselski, sporazum, albanian, marrëveshja, brukselit, formally, first, agreement, principles, governing, normalisation, relations, agreement, normalize, relations, between, governme. The Brussels Agreement Serbian Briselski sporazum Briselski sporazum Albanian Marreveshja e Brukselit formally the First Agreement of Principles Governing the Normalisation of Relations is an agreement to normalize relations between the governments of Serbia and Kosovo a 1 The agreement negotiated and concluded in Brussels under the auspices of the European Union was signed on 19 April 2013 2 Negotiations were led by Serbian Prime Minister Ivica Dacic and Kosovo Prime Minister Hashim Thaci mediated by EU High Representative Catherine Ashton The government of Serbia does not recognize Kosovo as a sovereign state but began normalising relations with the government of Kosovo as a result of the agreement 3 Serbian president Aleksandar Vucic said in 2018 that the agreement is a difficult compromise for Serbia which Vucic said had met all of its obligations 4 Brussels AgreementFirst Agreement of Principles Governing the Normalisation of RelationsTypeTreatyContextNormalization of Kosovo Serbia relationsSigned19 April 2013 2013 04 19 LocationBrussels BelgiumMediatorsEuropean UnionOriginalsignatoriesSerbia Kosovo a SignatoriesIvica Dacic Serbia Hashim Thaci Kosovo On 24 March 2022 Serbian President Aleksandar Vucic claimed that the Brussels Agreement no longer exists citing the suspension of court president of Mitrovica Ljiljana Stevanovic by the Kosovo Judicial Council and alleged plans to remove all Serb commanders from the Kosovo police force as the primary reason 5 6 Prime Minister Ana Brnabic made similar remarks and claimed that basic human rights of the Serb community in Kosovo were not respected 7 Contents 1 Background 2 Talks 3 Agreement 4 Later talks 5 Serbian reaction 6 Notes 7 See also 8 References 9 External linksBackground EditFurther information Advisory opinion on Kosovo s declaration of independence Following the Kosovo War and the NATO bombing of Yugoslavia in 1999 Kosovo as part of Serbia and the Federal Republic of Yugoslavia was placed under United Nations administration under UNSC Resolution 1244 Kosovo declared independence in 2008 which has been recognised by 97 countries However Serbia maintains that Kosovo continues to be part of its territory 8 European Union mediated dialogue between Kosovo and Serbia began in March 2011 9 Serbia and Kosovo were urged to continue talks in Brussels but Serbia was not obliged to recognize Kosovo during the process 10 Talks Edit left to right Serbian Prime Minister Ivica Dacic mediator Catherine Ashton and Kosovar Prime Minister Hashim Thaci in Munich 2014 Ten rounds of talks were held at the European External Action Service office in Brussels EU High Representative Catherine Ashton chaired the talks for two years followed by Federica Mogherini Normalisation of relations with neighbouring states is a key precondition for states wishing to join the EU the Brussels Agreement brought Serbia close to EU accession talks and Kosovo to initializing a Stabilisation and Association Agreement SAA The SAA was signed by HR Mogherini and Kosovar Prime Minister Isa Mustafa in October 2015 United States diplomats have supported the EU led dialogue U S Secretary of State Hillary Clinton invited Baroness Ashton to travel in the Balkans and they made joint visits to Belgrade Pristina and Sarajevo in October 2012 The European Commission advised beginning an SAA with Kosovo after the agreement was concluded 11 and accession negotiations began with Serbia The agreement was supported by the European Union NATO the OSCE and the United Nations 12 Agreement Edit Map of Kosovo with the planned Community of Serb Municipalities in blue The two page agreement has 15 paragraphs Paragraphs 1 6 concern the establishment scope and functions of the planned Community of Serb Municipalities Paragraphs 7 9 concern police and security specifying one police force for all of Kosovo including the north known as the Kosovo Police Paragraph 11 stipulates that municipal elections shall be held throughout Kosovo under Kosovo law Paragraph 12 provides for the creation of an implementation plan and specifies a date now past by which the plan would be concluded Paragraph 13 undertakes to intensify discussions on energy and telecommunications According to Paragraph 14 Neither side will block or encourage others to block the other side s progress in their respective EU paths Paragraph 15 envisages the establishment of an implementation committee with EU facilitation The document agrees on the integration of Serb majority municipalities in North Kosovo into the Kosovar legal system with two guarantees All judicial matters are under the law of Kosovo but Kosovo Serbs must be a majority of certain judicial panels a panel the Mitrovica District Court must sit in North Mitrovica All policing is to be done by the Kosovo Police but the police regional commander of the Serb majority areas must be a Kosovo Serb chosen from a list provided by Kosovo Serb municipalities 13 14 Later talks EditAfter the agreement was signed meetings have been held regularly to implement its provisions A judicial agreement was reached in February 2015 followed by agreements on energy and telecommunications operators On 25 August of that year an agreement was concluded to establish the Association of Serbian Communities Concerns existed about how the 2013 local government elections in Kosovo would be administered with the government of Serbia objecting to any mention of the state of Kosovo on ballot papers 15 however the Serbian government agreed that it should encourage Serbs in northern Kosovo to participate in the local elections 16 That October arrangements were made for Serbian officials to visit North Kosovo 17 It was agreed that electoral bodies in Kosovo would include Kosovo Serb representatives 18 and the international dialing code 383 would be assigned to Kosovo 19 After some delay 20 the new geographic phone code was implemented in December 2016 21 Serbian reaction EditScholars Smilja Avramov and Elena Guskova maintain that the agreement violates the Constitution of Serbia and the United Nations Charter and is an indirect recognition of Kosovar independence 22 The Assembly of Kosovo has ratified the agreement incorporated it into law and treats it as an international agreement 23 The National Assembly of Serbia has not treated the agreement as international and has not ratified it the Serbian procedure for approving an international agreement 24 however it has accepted the government report about the hitherto process of political and technical dialogue with the temporary institutions in Pristina with the mediation of EU including the process of implementation of the achieved agreements 25 The constitutional court in Belgrade did not answer a question about the constitutionality of the agreement saying in December 2014 that the issue was a political question and not a legal one 26 Notes Edit a b The political status of Kosovo is disputed Having unilaterally declared independence from Serbia in 2008 Kosovo is formally recognised as an independent state by 101 UN member states with another 13 states recognising it at some point but then withdrawing their recognition and 92 states not recognizing it while Serbia continues to claim it as part of its own territory See also EditBelgrade Pristina negotiations International recognition of Kosovo Kosovo and Serbia economic normalization agreements 2020 References Edit srbija gov rs Brussels Agreement www srbija gov rs Archived from the original on 2021 07 15 Retrieved 2021 07 15 Republic of Serbia Government PDF Archived PDF from the original on 2015 09 08 EU Balkans Integration Hand in Hand With Kosovo Serbia Dialogue BiEPAG July 27 2021 Archived from the original on September 26 2021 Retrieved September 26 2021 President Vucic says he will tell the truth at UN Security Council session N1 info Serbia Archived from the original on 2021 04 19 Retrieved 2018 12 16 Vucic porucio da Briselski sporazum vise ne postoji www slobodnaevropa org 24 March 2022 Retrieved 25 March 2022 Suspendovana predsednica suda u Mitrovici zbog ucesca na sastanku sa Vucicem www slobodnaevropa org 24 March 2022 Brnabic Briselski sporazum je mrtav Vulin Ovo je prvi korak ka uvlacenju Srbije u oruzane sukobe www b92 net 24 March 2022 Dacic The Central African Republic has withdrawn recognition of Kosovo s independence B92 net Archived from the original on 2020 11 11 Retrieved 2020 03 16 Kosovo and Serbia Reach Historic Deal in Brussels April 19 2013 Archived from the original on December 25 2018 Retrieved June 28 2020 EU wants results of dialogue not recognition of Kosovo Bulevar B92 Archived from the original on 2020 06 30 Retrieved 2021 09 26 Serbia and Kosovo reach landmark deal European Union External Action Service Archived from the original on 30 April 2013 Retrieved 28 October 2013 Ban welcomes landmark agreement between Serbia and Kosovo negotiators UN News Centre Archived from the original on 11 February 2021 Retrieved 29 October 2013 First agreement of principles governing the normalization of relations PDF rts rs Archived PDF from the original on 2013 05 02 Retrieved 2015 08 22 The Kosovo Serbia Agreement Why Less Is More Crisis Group 7 May 2013 Archived from the original on 10 September 2015 Retrieved 2015 08 22 Serbia and Kosovo hold talks in Brussels Euronews 27 August 2013 Archived from the original on 5 November 2013 Retrieved 28 October 2013 Serbian PM claims Kosovo breaches Brussels agreement media Xinhua 5 October 2013 Archived from the original on 26 November 2013 Retrieved 28 October 2013 Belgrade Pristina overcome dispute ahead of Kosovo local polls EUbusiness 8 October 2013 Archived from the original on 17 December 2013 Retrieved 29 October 2013 Brussels Deal Serbian Officials Free To Enter Kosovo inSerbia 8 October 2013 Archived from the original on 11 October 2013 Retrieved 29 October 2013 Serbia allocated calling code to Kosovo B92 9 September 2013 Archived from the original on 17 May 2014 Retrieved 28 October 2013 Statement by High Representative Vice President Federica Mogherini following the meeting of the EU facilitated dialogue EEAS European Union Archived from the original on 26 August 2015 Retrieved 25 August 2015 Kosovo Hails Receipt of Own Telephone Code balkaninsight com Archived from the original on 2016 12 16 Retrieved 2016 12 22 Smiљa Avramov Sporazum Beograda i Prishtine indirektno priznaњe samoproglashenog Kosova Novinar Online SRNA Archived from the original on 2 November 2013 Retrieved 30 October 2013 Srpski ekspert za meђunarodno pravo Smiљa Avramov ociјenila јe da sporazum izmeђu Beograda i Prishtine predstavљa indirektno priznaњe samoproglashenog Kosova i poruchila da јe њime pogazhena Poveљa UN koјa Srbiјi garantuјe teritoriјalni integritet Јelena Guskova Sporazum Beograda i Prishtine јe ugovor o priznaњu nezavisnosti Kosova http www kuvendikosoves org common docs ligjet Zakon 20o 20ratifikaciji 20sporazuma 20normalizacija 20odnosa 20Kosova 20 20Serbije pdf Archived 2016 03 04 at the Wayback Machine Zakon o zakljucivanju i izvrsenju medjunarodnih ugovora PDF Archived PDF from the original on 2015 09 24 Retrieved 2014 12 15 O PRIHVATANjU IZVESTAJA O DOSADASNjEM PROCESS POLITICKOG I TEHNICKOG DIJALOGA SA PRIVREMENIM INSTITUCIJAMA SAMOUPRAVE U PRISTINI UZ POSREDOVANjE EVROPSKE UNIJE UKLjUCUJUCI PROCES IMPLEMENTACIJE POSTIGNUTIH DOGOVORA PDF Archived PDF from the original on 2014 12 16 Retrieved 2014 12 15 Briselski sporazum Je politicki B92 net B92 net in Serbian Archived from the original on 2018 01 11 Retrieved 2017 03 20 External links EditFull text of the First Agreement Implementation Plan Policy briefs Retrieved from https en wikipedia org w index php title Brussels Agreement 2013 amp oldid 1108878930, wikipedia, wiki, book, books, library,

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