Byzantine Blog

Serbian Parliament in Kosovo Province on Vidovdan

"From the international law point of view, the EULEX [EU] mission in Kosovo-Metohija province is non-existent", Kosovo-Metohija Minister Slobodan Samardzic told Belgrade daily Politika.

Based on the agreement of the parliament majority in southern Serbian province of Kosovo and Metohija, consisting of Premier Kostunica's DSS-NS coalition, Serbian Radical Party (SRS), Serbian Socialist Party (SPS) and the political party of the Gorani ethnic minority, on this year's Vidovdan (June 28), the constitutive session of the Parliament of the Autonomous Province of Kosovo-Metohija Municipalities will be held in Kosovska Mitrovica.

Although Tadic's DS supports the establishment of the Serbian Parliament on the territory of Kosovo province, the joint agreement stipulates that if the new Serbian government is formed by Vidovdan, the DS representatives will join the Parliament at that time. If the new government is not formed in Belgrade by then, the DS will join the Serbian Parliament in Kosovo-Metohija at a later date.

"Serbian Parliament in Kosovo province will have a uniting coordinating character, and all the citizens of Republic of Serbia who reside in Kosovo-Metohija province and who recognize the laws of the Serbian state will participate in it. There is a parallel governance in Kosovo and Metohija since 1999 so, therefore, today, after the adoption of the unlawful 'Kosovo constitution' by the Pristina separatists, we have a total separation and a dual system," Minister Samardzic said after returning from a two-day visit to Kosovska Mitrovica.

Both EULEX and Unlawful Pristina "Constitution" Non-Existent for Serbia

Samardzic emphasized that establishing the Serbian Parliament will also contribute to calming down the situation, given the recent attempts to illegally "reconfigure" UNMIK, by circumventing the UN Security Council while taking instructions from Washington and Brussels alone, and regarding the report by the UN Secretary General Ban Ki-moon who sent, according to Samardzic, two letters with different content to Belgrade and Pristina, to which official Serbia responded that "only the UN Security Council may reach such a decision" [on replacing the UN Mission in Kosovo province with the EU bureaucrats].

"The EULEX mission, formed on the basis of a rejected plan by the former UN envoy for Kosovo and Metohija, Martti Ahtisaari, which was also taken by the temporary Kosovo institutions as the basis for organizing the society, is unacceptable from the point of the international law, i.e. the Ahtisaari plan is from that point of view worthless. Serbia will neither accept this mission, nor the illegal Kosovo 'constitution', because the entire plan was constructed at the expense of the Serbian community. Accordingly, the Serbian Assembly will round off such state of affairs," Samardzic said.

Asked how would Belgrade react to certain UNMIK announcements from a while back of "dramatic change of the situation from June 16", Samardzic said:

"In case of further repressions, Serbia will react accordingly".

Thomas Fleiner: Kosovo "Constitution" Illegal, Just Like the Fictional Mafia State

Two days ago, Glas Javnosti reported that the Swiss Professor of the Constitutional Law Thomas Fleiner assessed that the new Pristina "constitution" will remain illegal both for Serbia and all the countries which are not recognizing Serbian province as an independent state, which is over 160 states in the world. It will be de facto legal for some 40 countries which are recognizing the Albanian mafia state on Serbian territory, but not de jure. According to the international law, this act could become legal only if severed Kosovo-Metohija is recognized by the United Nations.

"According to the Serbian Constitution, Kosovo is a Serbian province and 'Kosovo constitution' is illegal. According to the UN Security Council Resolution 1244, the legal control rests in the hands of United Nations and their laws must be honored. If the United Nations were to recognize this 'constitution' as legally valid, it would become valid according to the international, but not according to the domestic law. It would also become valid for individual states only if the United Nations were to recognize the imposed Kosovo status, including its 'constitution'," Fleiner explained.

He said that temporary Pristina institutions could try to forcefully implement their "constitution". At that point, according to Professor Fleiner, the issue will arise whether Belgrade or Pristina is capable of controlling the territory of Kosovo and Metohija province.