Top EU diplomats put Serbia against the wall with Kosovo

Brussels has handed Belgrade a dilemma: Either stop obstructing Kosovo’s entry into key international organisations or its own EU aspirations will be frozen.

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Serbia’s path to EU membership now depends on its silent consent for Kosovo’s assent to international organisations, such as the UN and Council of Europe.

EU foreign affairs ministers gathering in Luxemburg on 22 April agreed to amend a key part of the document concerning Serbia’s negotiations to join the EU, known as Chapter 35.

The change means Brussels will freeze Serbia’s accession process into the bloc if it doesn’t implement an agreement on normalising its relationship with Kosovo.

The main condition for Serbia to comply with is that it must stop obstructing Kosovo’s efforts to join key international organisations. 

Kosovo has taken diplomatic steps to join the UN, Council of Europe, EU and NATO since declaring independence from Serbia in 2008. 

Belgrade rejects Kosovo’s independence. As a UN member, it fears accepting Kosovo’s membership of these institutions will implicitly recognise its statehood. 

With the situation reaching a stalemate, EU foreign ministers added the so-called Ohrid agreement into Chapter 35, which aims to “normalise” Serbia and Kosovo’s almost three decades old tumultuous relationship.

The agreement takes its name from the lake of Ohrid, the North Macedonian resort where it was signed in the spring of 2023 to reaffirm and relaunch the Brussels agreement of 2013. 

This deal struck between Brussels, Serbia and Kosovo recognised the governing authority of Kosovan institutions. 

Revitalising an agonizing EU-brokered deal

Only a few commitments in this document have been implemented by both Kosovo and Serbia.

This is why the EU foreign ministers have made provisions in the Ohrid agreement binding clauses for Serbia, as sort of take-it-or-leave-it benchmark.

Not only will Serbia have to avoid obstructing Pristina’s aspirations to join international organisations, it will also have to recognise official administrative documents issued by the Kosovan administration, such as the license plates and the passports with the national symbols of Kosovo. 

Such matters have been systematically opposed by the Serbian government since the 1999 war with NATO that imposed the separation of Kosovo. 

Kosovo was formerly an autonomous province within Serbia when the two entities were part of Yugoslavia, which disintegrated in 1991.

The conditions brought in on 22 April by the EU create a political jigsaw for Belgrade putting its political leadership and the entire Serbian society in front of an excruciating dilemma: Either it starts a slow and progressive process of recognition of Kosovo or it must forget about any medium-term hope of EU membership.  

Serbia has so far avoided any step that could be identified as a de facto recognition of the Kosovan statehood.

On 21 April, Serbs living in Kosovo largely ditched a referendum called by the Kosovan administration, according to the government of Pristina, to resolve the issue of mayors in Kosovo’s Serbian majority municipalities.

The issue has been pending since November 2022, when Serbian policemen, mayors and judges of northern Kosovo resigned to protest what they claimed was the “breaching” of EU-brokered agreements by the Kosovan authorities.

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Self-management versus self-determination

This question of Serbian mayors is directly linked to the Ohrid agreements, too. 

In the text, Kosovo agreed “to ensure an appropriate level of self-management for the ethnic Serbian community in Kosovo” and allow the Serban municipalities to closely align. 

However, Serbs living in the north claim Pristina opposes the creation of the “association of the Serbian municipalities.”

There are four Serbian-majority cities in northern Kosovo: North Mitrovica, Leposavić, Zvečan and Zubin Potok.

This Serbian-majority area in Kosovo is dominated by _Srpska Lista (_the only political party for the Serbian community). 

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Pristina alleges this party is directly instructed by Belgrade, especially the nationalist-conservative Serbian President Vučić.

The Kosovan government claims local Serbs are acting in cahoots with Belgrade, meaning it is reluctant to make concessions on the autonomy of the Serbian territories.

“We don’t want the Northern part of our country to be transformed into a kind of Republika Srpska,” said leftist nationalist Kosovo prime minister Albin Kurti, referring to the autonomous Serbian entity in Bosnia Herzegovina. 

Kosovo cannot accept an integrated and autonomous Serbian administration within its territory along the border with Serbia, a country that doesn’t recognise its independence. 

Meanwhile, Serbs are afraid that by cutting ties with the motherland they could become second-class citizens in a country that will discriminate against them. 

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Council of Europe and Kosovo – new blow for Belgrade

Kosovo has recently obtained relative political success. 

On 17 April, the Parliamentary Assembly of the Council of Europe (CoE) approved the recommendation for Kosovo to become its 47th member state, provoking rage in Belgrade.

President Vučić said that “if Kosovo joins the CoE, Serbia is ready to put into question its own membership of the Council of Europe”.

Serbia has conducted massive military drills at the borders with Kosovo to show its deep disappointment with the decision by the Strasbourg-based human rights organisation. 

The decision of the CoE assembly was taken after Kosovo gave back land to the Serbian Orthodox Church belonging to the Monastery of Dečani. 

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International organisations had requested that Kosovan authorities take this step. 

The EU, Serbia and Russia

In December 2023, Serbian president Vučić declared that “he does not think it is possible for the Ohrid Agreement to be included in Chapter 35, because this would de facto means to close the door (of the EU) for Serbia.”

According to an April 2022 IPSOS poll, the number of Serbs opposing EU membership was more than those in favour of it for the first time. 

This poll found that the majority of Serbs think the EU is procrastinating when it comes to enlargement, with the bloc unwilling to admit new members. 

Serbians’ lack of faith in Brussels appears to reflect some truth. 

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A recent March 2024 IPSOS/Euronews poll revealed a majority of EU voters are against further enlarging the union.

Relations among Serbia, the EU and NATO have suffered amid the Russian invasion of Ukraine, since Belgrade has not joined EU sanctions against Moscow – despite its candidacy. 

Western capitals view Kosovo as a potential source of instability in the heart of Europe. 

Belgrade and Pristina don’t trust each other. Both are afraid to make concessions that could be betrayed by their counterpart. 

Kosovo’s security is assured by the presence of NATO and the EU’s support of organisations that promote the rule of law. 

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Still, the spectre of instability looms large.

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Does the European Union have the resources to match its ambitions?

This article was originally published in French

Calls to reform the institutions to make the EU more efficient, more democratic and better adapted to contemporary challenges are growing.

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Fifteen years have passed since the last update of a European Union treaty. 

Signed in 2007 and into force since 2009, the Treaty of Lisbon clarified the division of competences between the EU and its member states, gave the EU its own legal personality and provided for the first time a formal procedure for the withdrawal of a member state from the Union.

Since then, enlargement has been one of the reasons regularly put forward by those in favour of reforming the EU’s institutions, treaties and budget, but it is far from the only one. The war in Ukraine, the digital and energy transition, the fight against climate change and social inequalities – these are all global challenges that require the EU to have a greater capacity for action, according to the Foundation for European Progressive Studies in its report “EU Treaties: Why they need targeted changes”.

Enlargement and internal reform have been regular items on the European institutions’ agenda in recent years. At the end of November, the European Parliament gave the green light to proposals to reform the EU Treaties. At the Granada Summit in early October, the President of the Commission, Ursula Von der Leyen, also called for enlargement of the EU not to wait for a change in the Treaties. Citizens also put forward recommendations and proposals on the future of the Union at the Conference on the Future of Europe, a series of debates held between 2021 and 2022.

In concrete terms, what proposals for reform were put forward? How would they be adopted? Here are seven key areas for reform.

1. Decision-making and enlargement

First of all, MEPs are calling for changes to the voting mechanisms within the Council. In order to prevent the institutions from coming to a standstill, they are advocating the generalisation of qualified majority voting in all areas where unanimity is still required.

Currently, a qualified majority is reached when at least 55% of Member States (i.e. 15 out of 27) vote in favour and when these member states represent at least 65% of the EU population.

MEPs are also calling for a more bicameral system that would strengthen the role of the Parliament and for a reversal of the current roles in the election of the President of the Commission: in future, the Parliament would propose the President of the Commission and the Council would approve them.

In order to prepare the EU institutions for enlargement, the “Group of Twelve”, a Franco-German working group on institutional reforms, advocates abolishing the power of veto in the field of foreign affairs, retaining a maximum number of 751 MEPs and extending the format of the trio to five presidencies in the EU Council.

2. Peace and security

The war in Ukraine has also highlighted “the scope and limits of the European Union’s power”, says the Foundation for European Progressive Studies in its report. While member states have deployed a range of sanctions against Russia and provided economic, military and humanitarian support to Ukraine, the war has demonstrated their failure to anticipate this crisis, their dependence on the United States for their own defence and their dependence on Russian gas imports.

The members of the European Parliament therefore propose the creation of a defence union with military capabilities.

3. Consolidating the rule of law

The defence of the rule of law and the democratic legitimacy of the EU could be strengthened through institutional reforms. To this end, the authors of the report “Navigating the High Seas: EU Reform and Enlargement in the 21st Century” recommend increasing budget conditionality and improving Article 7 of the Treaty on European Union (TEU), which allows a member state’s voting rights in the Council to be suspended if it fails to respect fundamental values such as democracy, the rule of law and human rights.

The European Commission first triggered Article 7 in 2017 againstPoland, when Warsaw was planning a reform that threatened the independence of the judiciary. In 2018, Hungary was targeted by the same procedure following concerns about the independence of the judiciary, freedom of expression, corruption and minority rights. Conditional on a unanimous vote minus a single vote in the Council, Article 7 has never come to fruition.

Article 7 has not worked simply because if a country is accused of breaking these rules, all it takes is for another country to block a decision being taken against it. Hungary and Poland have protected each other on a number of occasions in recent years,” explains Daniela Schwarzer, a member of the Bertelsmann Foundation’s Board of Trustees.

4. Climate change

The Treaty on the Functioning of the EU already refers to environmental protection. In addition, MEPs called for the reduction of global warming and the preservation of biodiversity to be added as objectives of the Union. The Foundation for European Progressive Studies also proposes introducing a new exclusive competence for the EU in terms of international policy to combat climate change, which would enable the Union to negotiate environmental rules with a single voice.

5. Energy transition

Soaring energy prices following the war in Ukraine have highlighted the dependence of some European countries on Russian gas.

Members of the European Parliament are proposing the creation of an integrated European Energy Union to guarantee a stable, affordable and sustainable energy supply for Europeans. This strategy is based on five pillars: energy security, an integrated internal energy market, energy efficiency, decarbonisation of the economy, and research and the economy.

6. Digital transition

The Lisbon Treaty makes no mention of the term “digital”. Many experts therefore insist that the text needs to be updated.

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The European Union has already adopted important texts on digital issues. The Digital Markets Act (DMA), for example, provides a framework for the economic activity of major digital platforms such as YouTube, Facebook, Amazon and Microsoft in the European Union. The General Data Protection Regulation (GDPR) protects users’ personal data. According to the authors of the report “The EU Treaties: Why they need targeted changes”, digital issues should be a shared competence between the EU and member states, in order to guarantee access to the Internet, the right to disconnect, digital education, the right to live without the need for digital technologies and the right to a safe environment.

7. Health

Finally, the COVID-19 pandemic has highlighted the need for Europe-wide coordination and cooperation in the field of health.

A European health data area, equitable access to healthcare within the EU, joint purchasing of vaccines and medicines, management of rare diseases, and the development of orphan drugs are just some of the public goods that could be developed. These are all public goods that could be developed on a European scale if the EU’s competences were extended, according to the Foundation for European Progressive Studies.

On the other hand, some opponents of such reforms believe that these powers should be devolved to the member states and call for greater national sovereignty. Others sometimes consider that amendments to the Treaties are unnecessary because the texts already allow for some of these measures.

How are the treaties amended?

1. Ordinary revision procedure

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The government of a member state, the European Parliament and the European Commission may submit a proposal to amend the Treaties to the Council of the European Union (composed of the ministers of the governments of member states).

The government of a member state, the European Parliament and the European Commission may submit a proposal to amend the Treaties to the Council of the European Union (composed of the ministers of the governments of the member states).

The Council of the European Union in turn submits these proposals to the European Council (composed of the Heads of State or Government of the member states), whose President may choose to convene a Convention.

A Conference of Representatives of the Governments of member states is then convened by the President of the European Council to adopt the proposed amendments to the Treaties by consensus. These amendments must then be ratified by all member states.

2. Simplified revision procedure

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The Lisbon Treaty creates a simplified procedure for amending the EU’s internal policies and actions.

This procedure avoids the need to convene the Convention and the Conference of Representatives.

Amendments to the Treaties must be ratified by all member states.

3. Bridging clauses

Passerelle clauses are a second simplified revision procedure used in two scenarios.

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For legislative acts adopted by the Council of the EU unanimously, the European Council may authorise the Councils to act by qualified majority.

For legislative acts adopted by the Council of the EU under a special legislative procedure, the European Council may authorise the use of the ordinary legislative procedure.

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