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Application by Kosovo* for membership of the Council of Europe

Doc. 15958: compendium of written amendments | Doc. 15958 | 15/04/2024 | Final version

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ADraft Opinion

1Kosovo* (Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.) applied for membership of the Council of Europe on 12 May 2022 with a letter signed by Ms Donika Gërvalla-Schwarz, Deputy Prime Minister and Minister of Foreign Affairs and Diaspora. On 24 April 2023, the Committee of Ministers transmitted the letter to the Parliamentary Assembly for consultation, in pursuance of Statutory Resolution (51) 30 A adopted on 3 May 1951. The decision on the transmission clarifies that it is “without prejudice to the Committee of Ministers’ future consideration of this application to accede to the Council of Europe”.
2Having taken note of the eminent lawyers’ report, the Assembly acknowledges that Kosovo’s legal framework is broadly in line with Council of Europe standards and that its Constitution is a very progressive instrument, incorporating the key provisions of the Ahtisaari Plan and providing for the direct applicability of the European Convention on Human Rights (ETS No. 5) and its Protocols, the Framework Convention for the Protection of National Minorities (ETS No. 157), the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210, “Istanbul Convention”) as well as some United Nations human rights instruments.
3The Assembly acknowledges the progress made by Kosovo in the areas of human rights, democracy and the rule of law and commends the advancements made by the current government, including as regards the fight against corruption and a civil partnership for same-sex couples (“Civil Code”).

In the draft opinion, delete paragraph 3.

4The Council of Europe, in synergy with the international community, has supported the strengthening of standards in Kosovo through a wide range of activities including legal advice, co-operation and specific solutions which have enabled Council of Europe monitoring mechanisms to regularly assess the situation in specific areas of human rights law. Kosovo joined the Council of Europe Development Bank (CEB) in 2013 and the European Commission for Democracy through Law (Venice Commission) the following year. Since 2016, a delegation of the Assembly of Kosovo has participated in the work of the Parliamentary Assembly. The Association of Kosovo Municipalities participates in the work of the Congress of Local and Regional Authorities.
5The Assembly believes that Kosovo’s aspirations to join the Council of Europe should be met with a positive response. Membership would lead to the strengthening of human rights standards by ensuring access to the European Court of Human Rights to all those who are under Kosovo’s jurisdiction. It would also enable the Council of Europe to have greater oversight of domestic developments and to deploy all the instruments at its disposal to contribute to consolidating democracy and the rule of law. Furthermore, membership of the Council of Europe would represent a milestone in the process of Kosovo’s European integration.

In the draft opinion, replace paragraph 5 with the following paragraph:

"The Assembly believes that Kosovo’s aspirations to join the Council of Europe should not be met with a positive response. Membership would lead to further persecution and impunity, as many particularly ethnically-motivated crimes remain unpunished. It would also enable the Council of Europe to have greater oversight of domestic developments and to deploy all the instruments at its disposal to contribute to consolidating democracy and the rule of law. Kosovo's relationship with the European Union is heavily dependent on the fulfillment of the key provisions of the Stabilisation and Association Agreement, particularly those that relate to the Belgrade-Pristina dialogue, and normalisation of relations between Belgrade and Pristina."

6Kosovo’s membership of the Council of Europe would be the culmination of a dialogue which has developed over a span of two decades but should in no way be seen as the end of a process. On the contrary, membership should catalyse momentum for Kosovo to continue to make progress in strengthening human rights, democracy and the rule of law and address outstanding challenges and matters of concern.

In the draft opinion, replace paragraph 6 with the following paragraph:

"Kosovo's potential membership of the Council of Europe would be the culmination of the violation of core rules and principles of international law, including but not limited to the violation of the Charter of the United Nations. Membership of the Council of Europe would be understood as a negation of all of those principles."

7Amongst such issues are a gap between the normative framework and its effective implementation; the need to improve the protection of the rights of non-majority communities and to foster a climate and public discourse which is conducive to trust, reconciliation and inclusion; focusing on language, education and youth policies to ensure that Kosovo’s multi-ethnic society is cohesive rather than fragmented along ethnic or language cleavages; ensuring full compliance with the rule of law irrespective of political considerations; promoting interinstitutional respect; and strengthening the quality and efficiency of the judiciary.
8Since Kosovo applied for membership of the Council of Europe, the security situation in Kosovo’s northern municipalities has considerably deteriorated in parallel with a stall of the normalisation of relations with Serbia and in the dialogue between Pristina and Belgrade facilitated by the EU Special Representative Mr Miroslav Lajčák. Many events have contributed to a serious escalation of tensions, including: land expropriations; the decision to enforce the use of Kosovo car licence plates; violent demonstrations; the mass resignation of Kosovo Serbs from the police, the judiciary and public offices; local elections which gave results deprived of democratic legitimacy; the use by the Kosovo authorities of the special police for ordinary police tasks; and the enforcement of the decision to introduce the euro for financial transactions to the exclusion of other currencies, later postponed.
9On 24 September 2023, a major security incident in Banjska resulted in the death of a Kosovo police officer and three Serb assailants. The gravity of this attack, its consequences and the attackers’ connections with Belgrade abundantly showed that the risk of open violence in Kosovo is all too real and that security depends on the protection of the rights of the Serb community, the de-escalation of tensions and the normalisation of relations between Kosovo and Serbia.
10Against this background, the Assembly welcomes as a major breakthrough the implementation, on 14 March 2024, of the judgment of the Constitutional Court in the case of the Visoki Dečani monastery, which had been awaiting execution since 2016. Its implementation is a tangible sign of the commitment of the government to act in full accordance with the rule of law, irrespective of political considerations. The Assembly and the Committee of Ministers should continue to follow this matter with a view to ensuring that the judgment is fully implemented.
11The Assembly considers the establishment of the Association of Serb majority municipalities an important step and a way to enhance the democratic participation and empowerment of Kosovo Serbs and ensure the protection of their rights. The Assembly considers that the establishment of the Association should feature in the Committee of Ministers’ future consideration of Kosovo’s application to accede to the Council of Europe, as a post-accession commitment for Kosovo.

15 April 2024

Tabled by Ms Dunja SIMONOVIĆ BRATIĆ, Ms Biljana PANTIĆ PILJA, Ms Elvira KOVÁCS, Mr Branislav BORENOVIĆ, Ms Dubravka FILIPOVSKI, Ms Snježana NOVAKOVIĆ BURSAĆ

If adopted, amendment 13 falls.

Votes: 18 in favor 128 against 9 abstentions

In the draft opinion, replace paragraph 11 with the following paragraph:

"The Assembly considers the establishment of the Association of Serb majority municipalities to be a prerequisite for the continuation of the process of consideration of the application by Kosovo for membership of the Council of Europe."

15 April 2024

Tabled by Ms Elisabetta GARDINI, Mr Marco SCURRIA, Ms Domenica SPINELLI, Ms Ester MIELI, Mr Fabio PIETRELLA, Ms Lucrezia MANTOVANI, Ms Maria Cristina CARETTA, Mr Zsolt NÉMETH

Falls if amendment 5 is adopted.

Votes: 31 in favor 119 against 4 abstentions

In the draft opinion, replace paragraph 11 with the following paragraph:

"The Assembly considers that the establishment of the Association of Serb majority municipalities is an indispensable step towards the normalisation of relations between Pristina and Belgrade, an international obligation undertaken within the aegis of the EU-facilitated dialogue, and above all a way to enhance the democratic participation and empowerment of Kosovo Serbs and ensure the protection of their rights. The Assembly, therefore, expects that the Kosovo Government will take substantial and tangible steps with a view to establishing the Association at the earliest possible date. The Assembly considers that the establishment of the Association should feature prominently in the Committee of Ministers' future consideration of Kosovo's application to accede to the Council of Europe.

12Furthermore, the Assembly expects that expropriations are conducted in the strictest respect of the law and that any future legislation in this area is fully in compliance with the Ahtisaari Plan, including with regard to the protection of the properties of the Serbian Orthodox Church. In this context, the Assembly recommends that the draft Law on Expropriation of Immovable Property which has been submitted to the Assembly of Kosovo be amended accordingly, at the earliest possible date.
13Against this background, the Assembly welcomes the commitment made in a letter dated 3 March 2024 by Mr Albin Kurti, Prime Minister of Kosovo, to sign and ratify an extensive list of Council of Europe conventions, including:
13.1at the time of accession: the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5);
13.2within one year of accession:
13.2.1the General Agreement on Privileges and Immunities of the Council of Europe (ETS No. 2) and its Protocols Nos. 1 and 6 (ETS Nos. 10 and 162)
13.2.2the Framework Convention for the Protection of National Minorities (ETS No. 157)
13.2.3the European Charter for Regional and Minority Languages (ETS No. 148)
13.2.4the Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210)
13.2.5the Council of Europe Convention on Action against Trafficking in Human Being (CETS No. 197)
13.2.6the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126)
13.2.7the European Convention on the Suppression of Terrorism (ETS No. 90)
13.2.8the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196)
13.2.9the Protocol amending the European Convention on the Suppression of Terrorism (ETS No. 190)
13.2.10the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198)
13.2.11the European Charter of Local Self-Government (ETS No. 122);
13.3within two years of accession:
13.3.1the European Convention on the Exercise of Children’s Rights (ETS No. 160)
13.3.2the European Convention on Nationality (ETS No. 166)
13.3.3the European Social Charter (revised) (ETS No. 163)
13.3.4the Civil Law Convention on Corruption (ETS No. 174)
13.3.5the Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191)
13.3.6the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No. 106) and its protocols
13.3.7the European Convention on the International Validity of Criminal Judgments (ETS No. 70)
13.3.8the European Convention on the Compensation of Victims of Violent Crimes (ETS No. 116)
13.3.9the European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82)
13.3.10the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 182);
13.4as well as:
13.4.1the Council of Europe Convention on the Avoidance of Statelessness in related to State Succession (CETS No. 200)
13.4.2the Convention on Cybercrime (ETS No. 185) and its Additional Protocol (ETS No. 189)
13.4.3the European Convention on the Legal Status of Migrant Workers (ETS No. 93)
13.4.4the European Cultural Convention (ETS No. 18)
13.4.5the European Convention on the Recognition of University Qualifications (ETS No. 32)
13.4.6the Convention on the Academic Recognition of Qualifications concerning Higher Education in the European Region (ETS No. 165)
13.4.7the European Convention on the Equivalence of Diplomas leading to Admission to Universities (ETS No. 15)
13.4.8the Convention on the Elaboration of a European Pharmacopoeia (ETS No. 50).
14Furthermore, the Assembly takes note of and welcomes the following commitments undertaken by the Kosovo authorities:

In the draft opinion, before paragraph 14, insert the following paragraph:

"Potential ratification or implementation of the provisions of some of the treaties is without prejudice of the international legal status of Kosovo and Metohija, as a territory under international administration and as a part of the Republic of Serbia."

14.1as regards the functioning of democratic institutions and the respect of the rule of law:
14.1.1fully respect the independence of the judiciary including by refraining from undue criticism undermining trust in the judiciary;
14.1.2continue to improve the quality and effectiveness of the judiciary;
14.1.3continue to fight against corruption and organised crime;
14.1.4ensure that expropriations are conducted in the strictest respect of the law and that any future legislation in this area is fully in compliance with the Ahtisaari Plan, including with regard to the protection of the properties of the Serbian Orthodox Church; amend accordingly the draft Law on Expropriation of Immovable Property, which has been submitted to the Assembly of Kosovo, at the earliest possible date;
14.1.5take all measures to de-escalate tensions in the north of Kosovo and refrain from decisions which may affect the rights and living conditions of the Serb community and lead to a further deterioration of the security situation;
14.1.6take urgent measures to promote the reintegration of Kosovo Serbs in the police force, the judiciary and the prosecution in the north of Kosovo;
14.1.7refrain from using special police in the north of Kosovo for ordinary police tasks, ensure that they are deployed only in case of necessity, and step up co-operation with KFOR (Kosovo Force) and EULEX (European Union Rule of Law Mission in Kosovo);
14.2as regards human rights and protection of non-majority communities:
14.2.1ensure the effective implementation of the legal framework for the protection of national minorities;
14.2.2take substantial and tangible steps with a view to implementing all articles of the Brussels and of the Ohrid Agreements which includes establishing the Association of Serb majority municipalities as soon as possible;
14.2.3address urgently the absence of a comprehensive and co-ordinated approach on minority matters and rights; such an approach needs to be developed and implemented in co-operation with those concerned and in ways which reflect the specific needs of different communities;
14.2.4allocate sufficient resources to effectively implement the legislation on the use of languages and ensure the legal entrenchment, independence and provision of adequate resources for the Office of the Language Commissioner;
14.2.5step up measures to support the socio-economic integration and political participation of persons belonging to non-majority communities;
14.2.6take visible and meaningful measures to promote reconciliation between Kosovo’s communities, including in political discourse; adopt concrete strategies for inter-community dialogue and for reconciliation-oriented spaces and activities, in particular in education, in order to pave the way for inclusive societal development and trust;
14.2.7promote teaching of non-majority languages in schools;
14.2.8ensure the effective access to good quality primary and secondary education and textbooks for all children, including children with disabilities, children belonging to non-majority communities and children from disadvantaged groups;
14.3as regards international relations:
14.3.1continue to engage in the EU-facilitated dialogue and honour the commitments and obligations undertaken under its aegis;
14.3.2put genuine efforts into the process of normalisation of relations with Serbia;
14.3.3settle international disputes in a peaceful manner and promote good neighbourly relations in the region.
15The Assembly also recommends that Kosovo signs and ratifies the following Council of Europe Conventions and Partial Agreements:

15 April 2024

Tabled by the Committee on Legal Affairs and Human Rights

In the draft opinion, after paragraph 15, insert the following paragraph:

"The Assembly invites Kosovo to: - fully participate in the Council of Europe’s Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) and to thereafter implement its recommendations without delay; - amend the composition of the Kosovo Prosecutorial Council (KPC) in line with the recommendations of the European Commission for Democracy through Law (Venice Commission) in its Opinion CDL-AD(2023)043 adopted on 15-16 December 2023; - refer the new draft law on expropriations to the Venice Commission, for an Opinion; - ensure self-restraint of politicians, who should refrain from criticising decisions of the judiciary; - improve respect for administrative procedures, in particular for expropriations and public appointments and consider introducing an administrative complaint procedure; - launch procedural reforms to tackle the excessive length of judicial proceedings and consider creating a specific remedy for excessive length of proceedings; - reduce excessive recourse to pre-charge and pre-trial detention for unduly lengthy periods of time and without proper reasons; - promote the use of de-escalatory policing techniques, especially by police deployed in the north of Kosovo; - improve language training and education to meet the constitutional requirements for bilingualism in actual practice, especially in the police force and the justice system; - foster awareness among police officers, prosecutors and judges of hate crimes and strengthen their ability to treat victims of such crimes with sensitivity; improve the response of these actors in the judicial system to the issue of domestic violence."

15 April 2024

Tabled by the Committee on Equality and Non-Discrimination

In the draft opinion, after paragraph 15, insert the following paragraph:

"The Assembly reasserts the importance of protecting the human rights of all, including the rights of persons from non-majority communities, women’s rights, the rights of LGBTI persons and the rights of persons with disabilities. It calls on the authorities of Kosovo to: - ensure the legal recognition of civil partnerships for same-sex couples; - step up efforts to combat discrimination on any grounds; - promote gender equality; - prevent and combat gender-based violence, and prosecute and punish perpetrators of this violence; - prevent and combat hate speech."

Explanatory note

This paragraph explicitly mentions some important issues to foster equality and curb discrimination.

15.1Protocols 1, 4, 7, 12, 13 and 16 to the European Convention on Human Rights
15.2the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201)
15.3the Criminal Law Convention on Corruption (ETS No. 173)
15.4The enlarged partial agreement setting up the Council of Europe international cooperation group on drugs and addictions (Pompidou Group)
15.5the enlarged partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine.
16In light of the above, the Assembly considers that Kosovo is able and willing to:
16.1fulfil the provisions of Article 3 of the Council of Europe Statute which stipulates that “[e]very member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms”;
16.2collaborate sincerely and effectively in the realisation of the aim of the Council of Europe as specified in Chapter I of the Statute, thereby fulfilling the conditions for accession to the Council of Europe as laid down in Article 4 of the Statute.
17The Assembly, therefore, recommends that the Committee of Ministers:

15 April 2024

Tabled by Ms Dunja SIMONOVIĆ BRATIĆ, Ms Biljana PANTIĆ PILJA, Ms Elvira KOVÁCS, Mr Branislav BORENOVIĆ, Ms Dubravka FILIPOVSKI, Ms Snježana NOVAKOVIĆ BURSAĆ

If adopted, amendment 14 falls.

Votes: 13 in favor 128 against 14 abstentions

In the draft opinion, replace paragraph 17 with the following paragraph:

"The Assembly therefore recommends that the Committee of Ministers postpone its decision on the application for membership until the United Nations Security Council finally determines or endorses the status of Kosovo and Metohija."

17.1invite Kosovo to become a member of the Council of Europe with the name “Kosovo”;

15 April 2024

Tabled by Ms Elisabetta GARDINI, Mr Marco SCURRIA, Ms Domenica SPINELLI, Ms Ester MIELI, Mr Fabio PIETRELLA, Ms Lucrezia MANTOVANI, Ms Maria Cristina CARETTA, Mr Zsolt NÉMETH

Falls if amendment 9 is adopted.

Votes: 25 in favor 123 against 7 abstentions

In the draft opinion, at the end paragraph 17.1, insert the following words:

"as soon as all articles of the Brussels and the Ohrid Agreements are implemented, including the establishment of the Association of Serb majority municipalities."

17.2allocate 3 seats to Kosovo in the Parliamentary Assembly.
18While supporting Kosovo’s membership of the Council of Europe, the Assembly is aware of the unprecedented circumstances of this application, as a number of Council of Europe member States do not recognise Kosovo as a State. Diplomacy, dialogue and compromise are necessary to ensure that the prospective admission of Kosovo does not create a fracture in the unity of Council of Europe member States, thus undermining the spirit of the Reykjavik Summit. The Assembly, therefore, invites the Committee of Ministers to ensure that:

15 April 2024

Tabled by Ms Dunja SIMONOVIĆ BRATIĆ, Ms Biljana PANTIĆ PILJA, Ms Elvira KOVÁCS, Mr Branislav BORENOVIĆ, Ms Dubravka FILIPOVSKI, Ms Snježana NOVAKOVIĆ BURSAĆ

If adopted, amendments 6, 7, 8 falls.

Votes: 22 in favor 126 against 7 abstentions

In the draft opinion, replace paragraph 18 with the following paragraph:

"The Assembly is aware of the unprecedented circumstances of this application, as a number of Council of Europe member States do not recognise Kosovo as a State. Diplomacy, dialogue and compromise are necessary to ensure that the prospective admission of Kosovo does not create a fracture in the unity of Council of Europe member States, thus undermining the spirit of the Reykjavik Summit. The Assembly, therefore, invites the Committee of Ministers to ensure that Kosovo acts in accordance with the Agreement on Regional Representation and Cooperation reached on 24 February 2012 under the European Union facilitated dialogue and fully implements other agreements reached under the EU facilitated dialogue."

18.1Kosovo’s membership of the Council of Europe is without prejudice to individual member States’ positions as regards the statehood of Kosovo;

15 April 2024

Tabled by Ms Dunja SIMONOVIĆ BRATIĆ, Ms Biljana PANTIĆ PILJA, Ms Elvira KOVÁCS, Mr Branislav BORENOVIĆ, Ms Dubravka FILIPOVSKI, Ms Snježana NOVAKOVIĆ BURSAĆ

Falls if amendment 10 is adopted.

Votes: 15 in favor 126 against 13 abstentions

In the draft opinion, delete paragraph 18.1.

18.2member States, irrespective of the position they may express in relation to Kosovo’s membership application, respect the decision made by the Committee of Ministers and collaborate sincerely and effectively in its implementation, ensuring the smooth functioning of Council of Europe’s institutions, bodies and mechanisms;

15 April 2024

Tabled by Ms Dunja SIMONOVIĆ BRATIĆ, Ms Biljana PANTIĆ PILJA, Ms Elvira KOVÁCS, Mr Branislav BORENOVIĆ, Ms Dubravka FILIPOVSKI, Ms Snježana NOVAKOVIĆ BURSAĆ

Falls if amendment 10 is adopted.

Votes: 14 in favor 129 against 14 abstentions

In the draft opinion, delete paragraph 18.2.

18.3once Kosovo is admitted as a member State for the purposes of the Council of Europe Statute, the Organisation discontinues its status-neutral policy.

15 April 2024

Tabled by Ms Dunja SIMONOVIĆ BRATIĆ, Ms Biljana PANTIĆ PILJA, Ms Elvira KOVÁCS, Mr Branislav BORENOVIĆ, Ms Dubravka FILIPOVSKI, Ms Snježana NOVAKOVIĆ BURSAĆ

Falls if amendment 10 is adopted.

Votes: 16 in favor 128 against 12 abstentions

In the draft opinion, delete paragraph 18.3.

19Likewise, the Assembly calls on the Committee of Ministers to spare no diplomatic and political effort to ensure that Kosovo’s membership is not only beneficial to Kosovo and all those who are under its jurisdiction but is also a factor of stability, democratic security and peace in the Western Balkans and Europe.
20With a view to ensuring compliance with commitments and obligations, the Assembly decides, pursuant to its Resolution 1115 (1997), to open the monitoring procedure for Kosovo as from its accession to the Council of Europe.

15 April 2024

Tabled by the Committee on Legal Affairs and Human Rights

In the draft opinion, paragraph 20, after the words "with a view to ensuring compliance with commitments and obligations", insert the following words:

"and monitoring the implementation of its recommendations".