Analysis/ Kosovo-Serbia agreement negotiated by the EU, based on the good faith of all parties

Analysis/ Kosovo-Serbia agreement negotiated by the EU is based on the good faith of all parties

Although several days have passed since the agreement agreed in Ohrid between Prime Minister Albin Kurti and Serbian President Aleksandar Vucic with the help of European mediators, many things still remain unclear and subject to interpretation, writes Euronews.

Miroslav Lajcak, the EU envoy for dialogue on Serbia and Kosovo, explained to Euronews Serbia that the EU’s preference was for the agreement to be signed.

“Our preference, as facilitators of the dialogue, was for the document to be signed. And this was our proposal to the parties. However, President Vucic made it clear that he was unable to sign this document. He was citing constitutional restrictions. We made several proposals on how to handle this issue, but they were rejected”, said Lajcak.

According to international law experts (and Article 3 of the Vienna Convention on the Law of Contracts), oral agreements can be valid and binding.

Meanwhile, the Serbian president clarified his position by saying that no one else can produce a legal consequence for Serbia, except when the country’s president signs or verbally agrees.

“For Serbia, it is legally binding when I put a signature or stamp on something, or when I verbally agree with it. And no one else can produce a legal consequence for the Republic of Serbia, except for its president and, in some cases, the prime minister and the minister of foreign affairs.”

Diplomatic vocabulary is often subject to different interpretations.

Kosovo Albanian citizens in Prishtina are also confused and skeptical.

“Every agreement that was made in the past was an agreement with a guarantor, while this one has neither a signatory nor a guarantor. So we do not believe that something can be done”, said a citizen to Euronews.

“I doubt its success because I see it as a no-signature agreement. It has some kind of effect, but I have my doubts, because without a signature there may be sudden changes from what the parties may have initially agreed on”, said another citizen.