Statute for the Association of Serbian-Majority Municipalities in Kosovo published by Burim Ramadani

 The former General Inspector of the Kosovo Intelligence Agency (AKI), Burim Ramadani, has published the complete draft of the European Union Association for the Serbian Communities in Kosovo, in both the original and Albanian language.

The full draft of the Statute for the Association of Serbian-Majority Municipalities in Kosovo published
 
In a public address on his website, Ramadani stated that the draft is very good and serious, emphasizing that "Kosovo needs to take seriously a big thing like the fight for this document". He also stated that the Association has serious competencies, but also a serious possibility that Serbia can function within Kosovo, and this is related to education, social care, finance, and donations.

Ramadani stated that "it is the Constitutional Court that will give the verdict if this Draft-Statute is in conflict with the Constitution, in the sense of the Constitution and the law, or not". He also mentioned that the original document is in English, while on his website, burimramadani.com, the full draft translated into Albanian (non-official translation) has been published.

Ramadani has published the main key points of the Draft on his website. You can find the full draft translated into Albanian here, while its points are as follows:

 The association is called: Association of Serbian Majority Municipalities in Kosovo.

The headquarters of the association will be in North Mitrovica unless the member municipalities decide otherwise later.

The draft statute has a total of 45 articles and is divided into 7 chapters.

The association, established with this statute, provides a self-governing framework for the Serbian community in Kosovo within the existing municipal level of local self-government and will not gain additional executive competencies compared to its member municipalities. The framework includes support for the coordinated provision of services in specific areas, with the possibility of financial support from Serbia and an effective direct communication channel for the Serbian community in Kosovo with the Government of Kosovo through the Ministry of Local Government Administration.

The association has legal personality, in accordance with the applicable law, and the necessary legal capacity under the law of Kosovo to fulfill its objectives, including the right to own movable and immovable property, to have joint-stock companies that offer local services within the scope of the association, and to enter into contracts, including employment contracts, as well as lawsuits and litigations.

 Members of the Association cannot transfer ownership of their immovable property to the Association.

Other communities (non-Serbian) must be represented in all organs of the Association, reflecting the ethnic diversity of the member municipalities.

The Association will create its official symbols, which may consist of a flag and a coat of arms.

In accordance with the applicable law, the Association has the right to cooperate, within the areas of the competencies of its members, with municipalities and institutions, including government agencies, in Serbia. Such cooperation may take the form of offerings by Serbian institutions of financial and technical assistance, including equipment, in the implementation of municipal competencies. Donations of goods and equipment from Serbia will be exempt from any tax or duty, in accordance with the current legislation.

All financial or other support received by the Association will be subject to monitoring and auditing by the Central Authorities as specified in this Statute and the applicable law.

The Association may establish relationships and enter into cooperation agreements with other local and international associations of municipalities, local authorities, regions, and other units of local self-government in other states.

The Association will engage in promoting and protecting the rights and interests of the Serbian community in Kosovo.

To facilitate the exercise of these competencies, the organs of the Association have the right to approve the following:
a) Regulations.
b) Decisions.
c) Declarations.
d) Rules of Procedure.
e) Instructions.

The Association will manage educational and healthcare institutions, which are directly funded by Serbia, in accordance with the specific procedures outlined in this Statute and in accordance with the applicable legislation.

 The "Serbian Educational Network of Kosovo" and the "Serbian Health Network of Kosovo" will be established as private education and healthcare providers under the responsibility of the Association, emphasizing Serbia as the financial contributor, as well as the main offices of these providers currently located in Serbia.

The Association will manage the operation of these education and healthcare providers.

These services are exempt from customs and all other duties for as long as they provide services in the public interest and in accordance with this Statute.

In the territory of the Association's members, these providers may use public facilities created and co-financed by Serbia to offer healthcare and educational services.

These networks may also be authorized to offer their services in the territories of non-member municipalities.

The "Serbian Educational Network of Kosovo" will issue dual diplomas. The design of the diploma (issued by Kosovo) given by the "Serbian Educational Network of Kosovo," in accordance with the applicable law, will be regulated by a separate agreement between the provider and competent authorities.

The founding institution in Serbia will issue a duplicate diploma (Serbian diploma). The place of issuance of the duplicate diploma is the city (Serbia) where the main offices are located. The Government of Kosovo will treat the duplicate diploma as a valid foreign diploma.

The Association finances initiatives related to education, including scholarships, teacher training, research grants, IT solutions, academic exchanges, summer programs, for the advancement of education among its member municipalities.

The Association finances construction and infrastructure projects related to the provision of education among its member municipalities, as well as providing financial support for the maintenance of education and related facilities (sports halls, IT laboratories, etc.).

In healthcare and social care:

The Association, in addition to the responsibilities defined in Article 14 of this Statute, will exercise full functions and supervision (regulate, organize, coordinate, and perform tasks) within its municipal competencies related to the local improvement of primary and secondary health care and social care.

The Association will finance and facilitate the capacity building and professional training of medical and social welfare personnel among its members.

The Association will finance construction and infrastructure projects related to the provision of healthcare and social welfare.

The Association will finance social housing in its member municipalities.

The Association will finance or raise funds to support the social welfare of residents in its member municipalities. 

 The Association will finance the purchase of specialized medical equipment as may be necessary by the member municipalities and the 'Serbian Healthcare Network.'

The Association, through a joint commission with Central Authorities, will facilitate the payment of financial assistance for social welfare from Serbia for beneficiaries residing in the member municipalities.

In economic development, among other aspects, the Association will represent the interests of members and economic actors located within the administrative border of the Association in relations with central authorities, as well as with other state and economic operators in the region and beyond, including those from Serbia.

Regarding urban and rural planning, the Association will exercise full functions and supervision (regulate, organize, coordinate, and perform tasks) within municipal competencies related to urban and rural planning.

Additionally, the Association will provide legal, educational, and research advice to Central Authorities and their members regarding the expropriation processes within the administrative border of the Association.

The draft statute also addresses the returnees to Kosovo. The Association will adopt measures to support the sustainable return of displaced persons and refugees to Kosovo.

The Association, among other things, will co-finance social-economic integration programs for returnees through its members. Also, the Association will provide advice and support for non-member municipalities regarding their policies and measures related to return.

You can find the original draft statute here.
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