First Agreement of Principles Governing the Normalization of Relations
- Country/entityKosovo
Serbia
Yugoslavia (former) - RegionEurope and Eurasia
Europe and Eurasia
Europe and Eurasia - Agreement nameFirst Agreement of Principles Governing the Normalization of Relations
- Date19 Apr 2013
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelInterstate/intrastate conflict(s) ()
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processKosovo-Serbia Normalisation Process
- PartiesAgreement initialed by Prime Minister of Serbia Ivica Dačić and Prime Minister of Kosovo Hashim Thaçi
- Third partiesAgreement was mediated by European Union High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton
- DescriptionAlso known as the 'Brussels Agreement', this agreement sets out a series of steps to facilitate normalization of the relationship between Kosovo and Serbia. The first six points establish an Association/Community of Serb majority municipalities in Kosovo, whilst other provisions in the agreement address integrating parallel structures in northern municipalities into the Kosovo Police force, the Kosovo legal framework, holding municipal elections, and implementation details.
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→SubstantiveSummary: This agreement in its entirity provides for sub-state governance through an Association/Community of Serb majority municipalities, and for integrating parallel structures in northern Serb majority municipalities into Kosovo legal structures.
Page 1, 1. There will be an Association/Community of Serb majority municipalities in Kosovo Membership will be open to any other municipality provided the members are in agreement.
Page 1, 9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic). The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Internal Affairs from a list provided by the four mayors on behalf of the Community/Association. The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri). The regional commander of the four northern municipalities will cooperate with other regional commanders. - Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)Governance→Political institutions (new or reformed)→New political institutions (indefinite)Page 1, 1. There will be an Association/Community of Serb majority municipalities in Kosovo Membership will be open to any other municipality provided the members are in agreement.
Page 1, 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).
Page 1, 3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.
Page 1, 4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.
Page 1, 5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.
Page 1, 6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities consultative council for this purpose. In the pursuit of this role a monitoring function is envisaged. - ElectionsPage 2, 11. Municipal elections shall be organised in the northern municipalities in 2013 with the facilitation of the OSCE in accordance with Kosovo law and international standards.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharingPower sharing→Political power sharing→GeneralSub-state levelPage 1, 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).Power sharing→Political power sharing→Form of 'veto' or communal majoritySub-state levelPage 1, 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).
- Territorial power sharingPower sharing→Territorial power sharing→Local/municipal governmentPage 1, 1. There will be an Association/Community of Serb majority municipalities in Kosovo Membership will be open to any other municipality provided the members are in agreement.
Page 1, 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).
Page 1, 3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.
Page 1, 4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.
Page 1, 5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.
Page 1, 6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities consultative council for this purpose. In the pursuit of this role a monitoring function is envisaged. - Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL general
No specific mention.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courtsPage 1, 10-11. The Judicial authorities will be integrated and operate within the Kosovo legal framework. The Appellate Court in Pristina will establish a panel composed of a majority of K/S Judges to deal with all Kosovo Serb majority municipalities. A division of this Appellate Court, composed both by administrative staff and judges, will sit permanently in northern Mitrovica (Mitrovica District Court). Each panel of the above division will be composed by a majority of K/S judges. Appropriate judges will sit dependant on the nature of the case involved.
- Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 1, 4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- Ceasefire
No specific mention.
- PolicePage 1, 7. There shall be one police force in Kosovo called the Kosovo Police All police in northern Kosovo shall be integrated in the Kosovo Police framework. Salaries will be only from the KP.
Page 1, 9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic). The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Internal Affairs from a list provided by the four mayors on behalf of the Community/Association. The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri). The regional commander of the four northern municipalities will cooperate with other regional commanders. - Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 1, 8. Members of other Serbian security structures will be offered a place in equivalent Kosovo structures.
- Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceRadio Television of Serbia
http://www.rts.rs/upload/storyBoxFileData/2013/04/20/3224318/Originalni%20tekst%20Predloga%20sporazuma.pdf
First agreement of principles governing the normalization of relations
1. There will be an Association/Community of Serb majority municipalities in Kosovo Membership will be open to any other municipality provided the members are in agreement.
2. The Community/Association will be created by statute.
Its dissolution shall only take place by a decision of the participating municipalities.
Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).
3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.
4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively.
The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.
5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.
6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities consultative council for this purpose.
In the pursuit of this role a monitoring function is envisaged.
7. There shall be one police force in Kosovo called the Kosovo Police All police in northern Kosovo shall be integrated in the Kosovo Police framework.
Salaries will be only from the KP.
8. Members of other Serbian security structures will be offered a place in equivalent Kosovo structures.
9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic).
The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Internal Affairs from a list provided by the four mayors on behalf of the Community/Association.
The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (
There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri).
The regional commander of the four northern municipalities will cooperate with other regional commanders.
10. The Judicial authorities will be integrated and operate within the Kosovo legal framework.
The Appellate Court in Pristina will establish a panel composed of a majority of K/S Judges to deal with all Kosovo Serb majority municipalities.
A division of this Appellate Court, composed both by administrative staff and judges, will sit permanently in northern Mitrovica (Mitrovica District Court).
Each panel of the above division will be composed by a majority of K/S judges.
Appropriate judges will sit dependant on the nature of the case involved.
11. Municipal elections shall be organised in the northern municipalities in 2013 with the facilitation of the OSCE in accordance with Kosovo law and international standards.
12. An implementation plan including time frame shalt be produced by April 26.
In implementing this agreement the principle of transparent funding will be addressed.
13. Discussions on Energy and Telecoms will be intensified by the two sides and completed by June 15.
14. It is agreed that neither side will block, or encourage others to block, the other side's progress in their respective EU paths.
15. An implementation committee will be established by the two sides, with the facilitation of the EU.