The EU responds to Serbia: The Ohrid Agreement and annex are legally binding

2023-12-15 11:15:00, Kosova & Bota CNA

The EU responds to Serbia: The Ohrid Agreement and annex are legally binding

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A document drawn up by Serbia, through which it has expressed that it does not intend to implement parts of the Agreement on the path towards the normalization of relations with Kosovo, and its implementation annex, has caused concern in the diplomatic circles of the Union member countries European.

However, the EU, in response to media questions, has stated that the Agreement as a whole remains legally binding, and that the parties had agreed on this in Ohrid.

This was said on Friday by the spokesperson of the EU for foreign policy and security, Peter Stano.

"The European Union reiterates that the agreement is legally binding, as a whole, for both parties: Its implementation will be an integral part of the relevant European journey", said Stano.

According to him, the Agreement and the annex for implementation "were made legally binding through the written communication of the high representative of the EU [Josep Borrell], on March 18, 2023". "This has been the constant position of the EU, which it has been publicly communicated in several cases", said Stano.

EU sources have clarified that assessments of the binding nature of the agreement are in accordance with Article 11 of the Vienna Convention on the Law of Treaties, which states that "the consent of a state to o

is settled by an agreement can be expressed by signature, exchange of instruments that constitute the agreement, ratification, acceptance, approval or by any other means, if so agreed".

The same sources have said that this way of giving consent was explained in detail to the parties in Ohrid, and both parties agreed and did not object, in the presence of the high representative, Borrell, and the envoy for dialogue, Miroslav Lajçak.

EU representatives have said that they had proposed several other ways to express the consent of the parties to the agreement, but they were rejected and continue to be rejected by both sides. In Serbia's position, through which Belgrade has expressed reservations about the Declaration of the EU-Western Balkans summit, which has been seen by Radio Free Europe, it is said that, "in general, with reservations, it fits with the Declaration of the EU-Western Balkans summit ” as a political statement and non-binding legal document.

Further, it becomes clear that this has to do with the part of the obligations for the implementation of the Agreement with Kosovo.

"The agreement on the path towards the normalization of relations and the implementation Annex, as referred to in this statement, are considered acceptable only in the context in which it does not include de facto or de jure recognition of Kosovo", says Serbia's position.

"The Republic of Serbia underlines that this adaptation does not include the acceptance of Kosovo's membership in the United Nations Organization, in the system of organizations and agencies of the UN, nor the so-called territorial integrity of Kosovo," Serbia's letter further states. , where the declaration is considered as legally non-binding, and that it does not have the weight of an international agreement, according to international law.

Serbia has also stated that "Kosovo is an integral part of the Republic of Serbia, under international administration, in accordance with UN Security Council resolution 1244". This position of Serbia also calls into question its acceptance of the obligations arising from the Agreement on the path to the normalization of relations and its annex, as they also include non-objection to Kosovo's membership in any international organization, and respect for the integrity its territory.

In the Declaration approved on Wednesday night in Brussels by the leaders of the EU and the Western Balkans, Kosovo and Serbia are called upon to implement this agreement without preconditions and in full.

"We invite both parties to fully implement the Agreement on the path to the normalization of relations and its annex, as well as all agreements from the past, without any new delay and without preconditions", says the part dedicated to the reports between Kosovo and Serbia./ Rel