Application by Kosovo* for membership of the Council of Europe
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate on 16 April 2024
(10th sitting) (see Doc.
15958, Doc. 15957, report of the Committee on Political Affairs
and Democracy, rapporteur: Ms Dora Bakoyannis; Doc. 15964, opinion of the Committee on Legal Affairs and Human
Rights, rapporteur: Ms Azadeh Rojhan; and Doc. 15965, opinion of the Committee on Equality and Non-Discrimination,
rapporteur: Ms Béatrice Fresko-Rolfo). Text
adopted by the Assembly on 16 April 2024 (10th sitting).*
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.
1. 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 this 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”.
2. Having 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 Convention
for the Protection of Human Rights and Fundamental Freedoms (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 several
United Nations human rights instruments.
3. The 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”).
4. The 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
bodies 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 of
the Council of Europe.
5. The 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.
6. Kosovo’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 give Kosovo a new impetus to continue
to make progress in strengthening human rights, democracy and the
rule of law and address outstanding challenges and matters of concern.
7. Among such issues are the 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 are 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.
8. Since Kosovo applied for membership of the Council of Europe,
the security situation in Kosovo’s northern municipalities has considerably
deteriorated in parallel with a breakdown in the normalisation of relations
with Serbia and in the dialogue between Pristina and Belgrade facilitated
by the European Union’s 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,
which was later postponed.
9. On 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.
10. Against 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.
11. The 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.
12. Furthermore, 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.
13. Against 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:
13.1 at the time of accession:
the Convention for the Protection of Human Rights and Fundamental Freedoms;
13.2 within one year of accession:
- the 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);
- the Framework Convention for the Protection of National
Minorities;
- the European Charter for Regional or Minority Languages
(ETS No. 148);
- the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence;
- the Council of Europe Convention on Action against Trafficking
in Human Beings (CETS No. 197);
- the European Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (ETS No. 126);
- the European Convention on the Suppression of Terrorism
(ETS No. 90);
- the Council of Europe Convention on the Prevention of
Terrorism (CETS No. 196);
- the Protocol amending the European Convention on the Suppression
of Terrorism (ETS No. 190);
- the Council of Europe Convention on Laundering, Search,
Seizure and Confiscation of the Proceeds from Crime and on the Financing
of Terrorism (CETS No. 198);
- the European Charter of Local Self-Government (ETS No.
122);
13.3 within two years of accession:
- the European Convention on the Exercise of Children’s
Rights (ETS No. 160);
- the European Convention on Nationality (ETS No. 166);
- the European Social Charter (revised) (ETS No. 163);
- the Civil Law Convention on Corruption (ETS No. 174);
- the Additional Protocol to the Criminal Law Convention
on Corruption (ETS No. 191);
- the European Outline Convention on Transfrontier Co-operation
between Territorial Communities or Authorities (ETS No. 106) and
its protocols;
- the European Convention on the International Validity
of Criminal Judgments (ETS No. 70);
- the European Convention on the Compensation of Victims
of Violent Crimes (ETS No. 116);
- the European Convention on the Non-Applicability of Statutory
Limitation to Crimes against Humanity and War Crimes (ETS No. 82);
- the Second Additional Protocol to the European Convention
on Mutual Assistance in Criminal Matters (ETS No. 182);
13.4 as well as:
- the Council
of Europe Convention on the Avoidance of Statelessness in relation
to State Succession (CETS No. 200);
- the Convention on Cybercrime (ETS No. 185) and its additional
protocol (ETS No. 189);
- the European Convention on the Legal Status of Migrant
Workers (ETS No. 93);
- the European Cultural Convention (ETS No. 18);
- the European Convention on the Academic Recognition of
University Qualifications (ETS No. 32);
- the Convention on the Recognition of Qualifications concerning
Higher Education in the European Region (ETS No. 165);
- the European Convention on the Equivalence of Diplomas
leading to Admission to Universities (ETS No. 15);
- the Convention on the Elaboration of a European Pharmacopoeia
(ETS No. 50).
14. Furthermore, the Assembly takes note of and welcomes the following
commitments undertaken by the Kosovo authorities:
14.1 as regards the functioning of
democratic institutions and the respect for the rule of law:
14.1.1 fully respect the independence
of the judiciary, including by refraining from undue criticism undermining
trust in the judiciary;
14.1.2 continue to improve the quality and effectiveness of the
judiciary;
14.1.3 continue to fight against corruption and organised crime;
14.1.4 ensure 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;
14.1.5 take 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;
14.1.6 take urgent measures to promote the reintegration of Kosovo
Serbs in the police force, the judiciary and the prosecution in
the north of Kosovo;
14.1.7 refrain 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 the Kosovo Force (KFOR)
and European Union Rule of Law Mission in Kosovo (EULEX Kosovo);
14.2 as regards human rights and the protection of non-majority
communities:
14.2.1 ensure the effective
implementation of the legal framework for the protection of national minorities;
14.2.2 take 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;
14.2.3 address 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;
14.2.4 allocate sufficient resources to effectively implement
the legislation on the use of languages and ensure legal entrenchment,
independence and the provision of adequate resources for the Office
of the Language Commissioner;
14.2.5 step up measures to support the socio-economic integration
and political participation of persons belonging to non-majority
communities;
14.2.6 take visible and meaningful measures to promote reconciliation
between Kosovo’s communities, including in political discourse;
adopt concrete strategies for intercommunity dialogue and for reconciliation-oriented
spaces and activities, in particular in education, in order to pave
the way for inclusive societal development and trust;
14.2.7 promote teaching of non-majority languages in schools;
14.2.8 ensure the effective access to high-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;
14.3 as regards international relations:
14.3.1 continue to engage in the European Union-facilitated dialogue
and honour the commitments and obligations undertaken under its
aegis;
14.3.2 put genuine efforts into the process of normalisation
of relations with Serbia;
14.3.3 settle international disputes in a peaceful manner and
promote good neighbourly relations in the region.
15. The Assembly also recommends that Kosovo signs and ratifies
the following Council of Europe conventions and partial agreements:
- Protocols Nos. 1, 4, 7, 12,
13 and 16 to the European Convention on Human Rights (ETS Nos. 9,
46, 117, 177 and 187 and CETS No. 214);
- the Council of Europe Convention on the Protection of
Children against Sexual Exploitation and Sexual Abuse (CETS No.
201);
- the Criminal Law Convention on Corruption (ETS No. 173);
- the enlarged partial agreement setting up the Council
of Europe International Co-operation Group on Drugs and Addictions
(Pompidou Group);
- the Enlarged Partial Agreement on the Register of Damage
Caused by the Aggression of the Russian Federation against Ukraine.
16. The Assembly invites Kosovo to:
16.1 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 thereafter to implement
its recommendations without delay;
16.2 amend the composition of the Kosovo Prosecutorial Council
in line with the recommendations of the Venice Commission in its
Opinion CDL-AD(2023)043 adopted on 15-16 December 2023;
16.3 refer the new draft law on expropriations to the Venice
Commission for an opinion;
16.4 ensure self-restraint of politicians, who should refrain
from criticising decisions of the judiciary;
16.5 improve respect for administrative procedures, in particular
for expropriations and public appointments, and consider introducing
an administrative complaint procedure;
16.6 launch procedural reforms to tackle the excessive length
of judicial proceedings and consider creating a specific remedy
for excessive length of proceedings;
16.7 reduce excessive recourse to pre-charge and pre-trial
detention for unduly lengthy periods of time and without proper
reasons;
16.8 promote the use of de-escalatory policing techniques,
especially by police deployed in the north of Kosovo;
16.9 improve language training and education to meet the constitutional
requirements for bilingualism in actual practice, especially in
the police force and the justice system;
16.10 foster awareness among police officers, prosecutors and
judges of hate crimes and strengthen their ability to treat victims
of such crimes with sensitivity, and improve the response of these
actors in the judicial system to the issue of domestic violence.
17. 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 lesbian, gay, bisexual,
transgender and intersex (LGBTI) persons and the rights of persons
with disabilities. It calls on the authorities of Kosovo to:
17.1 ensure the legal recognition
of civil partnerships for same-sex couples;
17.2 step up efforts to combat discrimination on any grounds;
17.3 promote gender equality;
17.4 prevent and combat gender-based violence, and prosecute
and punish perpetrators of this violence;
17.5 prevent and combat hate speech.
18. In the light of the above, the Assembly considers that Kosovo
is able and willing to:
18.1 fulfil
the provisions of Article 3 of the Statute of the Council of Europe
(ETS No. 1, “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”; and
18.2 “collaborate 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.
19. The Assembly therefore recommends that the Committee of Ministers:
19.1 invite Kosovo to become a member
of the Council of Europe with the name “Kosovo”;
19.2 allocate three seats to Kosovo in the Parliamentary Assembly.
20. While 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:
20.1 Kosovo’s membership of the Council
of Europe is without prejudice to individual member States’ positions
as regards the statehood of Kosovo;
20.2 member 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 the Council
of Europe’s institutions, bodies and mechanisms;
20.3 once Kosovo is admitted as a member State for the purposes
of the Statute of the Council of Europe, the Organisation discontinues
its status-neutral policy.
21. Likewise, 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.
22. With a view to ensuring compliance with commitments and obligations
and monitoring the implementation of its recommendations, the Assembly
decides, pursuant to its Resolution 1115 (1997) “Setting up of an
Assembly committee on the honouring of obligations and commitments
by member states of the Council of Europe (Monitoring Committee)”,
to open the monitoring procedure for Kosovo as from its accession to
the Council of Europe.
