While the Council of Europe solemnly celebrates its 75th anniversary today, the accession of Kosovo remains uncertain due to intractable differences with Serbia. Festive atmosphere today in the Council of Europe at the meeting of the foreign ministers of its member states. The agenda includes the measures the Council continues to take in response to Russia’s war of aggression against Ukraine, the implementation of the Reykjavik Declaration adopted at the 2023 Summit of Heads of State and Government, and the adoption of the Framework Convention on Artificial Intelligence, human rights, democracy and the rule of law. At the end of the session, Liechtenstein hands over the chairmanship of the Committee of Ministers to Lithuania. Liechtenstein’s Minister of Foreign Affairs, Education and Sports, Dominik Hassler will evaluate her presidency. The Prime Minister of Lithuania Ingrida Simonite will present the priorities of her country’s presidency.

Community of Serbian Municipalities in Kosovo?

And Kosovo? A month ago, his accession to the Council of Europe seemed very close. With an impressive majority of 82%, members of the Parliamentary Assembly in Strasbourg voted to admit Europe’s newest state as the 47th member. It was preceded by a presentation by the former Minister of Foreign Affairs of Greece, Doras Bakoyannis, who as a rapporteur has examined the suitability of Kosovo. But despite the clear vote, Kosovo is no longer on today’s agenda for the annual Foreign Affairs Council meeting on May 17. Key countries France, Italy and also Germany from the Quint Group are braking. The Quint countries, an informal grouping of the largest European countries that also includes the US and Great Britain, have long mediated the conflict between Kosovo and Serbia. The reason that Kosovo is now unlikely to become a member of the Council of Europe for the time being at least lies in a contentious point in the so-called normalization dialogue between Serbia and Kosovo.

This dialogue was previously initiated by the EU and is being conducted under its auspices, but it has been frozen for a long time. One issue of the dialogue concerns the creation of a Community of Serb Municipalities of Kosovo, which is supposed to represent all Serbs in the country. The Community is extremely controversial because there are fears that it could become a kind of state within a state. Reference is even made to the Serbian Republic of Bosnia-Herzegovina to underline the danger of a “Bosniakization” of Kosovo, that is, a permanent paralysis and division of the country. However, Germany and the other states of the Quint group are waiting for “tangible progress in the creation of a Union of Communities with a Serbian majority”, Deutsche Welle was told by sources in Berlin.

In other words, Kosovo must forward the corresponding plan to the country’s constitutional court, in order to examine its constitutionality. “It only takes one small step and Kosovo could significantly increase the number of supporters in favor of joining the Council of Europe,” the government spokesman told DW. But this step is rejected and Prime Minister Albin Kurti emphasizes that it is not a condition for joining the Council of Europe. “The issue of the Community of Serbian Municipalities is part of the normalization dialogue with Serbia, which is being held under the auspices of the EU, and the negotiation should continue there. Anything else would jeopardize the dialogue,” Kurti told DW.

Offensive campaign of Serbia

Frank Schwabe, head of the German delegation to the Council of Europe, considers it “wrong that we are now trying to achieve through the back door goals that could not be achieved in the negotiations between Kosovo and Serbia”. Other experts also criticize the fact that the Union of Communities demanded by the EU cannot be implemented because the mayors of the relevant municipalities are directed by Belgrade. “There is a lack of consent from the participating municipalities themselves. Without it the creation of a Union would not be legal and would be in conflict with the Kosovo constitution and the Council of Europe statute,” says Gerald Knaus from the European Stability Initiative ( European Stability Initiative). Knaus also underlines that this demand of the Quint states is a success of the aggressive campaign of Serbian President Aleksandar Vucic, who has been actively trying for many years to prevent Kosovo from joining international organizations. Vucic also managed to prevent Kosovo from joining Interpol and UNESCO in this way.

That an EU candidate country like Serbia, with stronger ties to Russia and China than to the EU itself, has so much influence on EU policy towards Kosovo is also criticized by Oliver Rolfes, security expert and former coordinator of the Munich Security Conference. “Serbia’s aggressive policy, which is supported by Russia, is leading to an escalation of tensions in Kosovo and Bosnia and Herzegovina. The EU and the US have so far responded to this aggression with appeasement, which worsens the situation. The EU allows itself to be repeatedly presented by Serbia as a candidate for EU membership instead of drawing clear red lines,” he says.

Kosovo, along with Belarus and Russia, are the only European states not to be members of the Council of Europe, although Russia itself will leave in 2022. For Kosovo, of course, joining one of the oldest and most important intergovernmental organizations in Europe would be another step towards consolidating its position in the international community. To date it has been officially recognized by 116 countries, including 34 Council of Europe countries.

Political realism is required

However, accession could also bring clear benefits to the country’s minorities, including the Serbs. Frank Schwabe explains that, if necessary, Serbs could appeal for their rights to the European Court of Human Rights, whose decisions are binding on member states.In Kosovo itself, Prime Minister Albin Kurti is praising the his fierce resistance. However, many observers would like to see more realism. “It is now uncertain whether the Parliamentary Assembly of the Council of Europe will vote again in favor of Kosovo’s accession next year,” Artan Muhahiri, a political analyst from Pristina, tells DW. “The strict rejection of Kurti could have a negative impact on relations with the EU and the Quint states. And the paradox is that the problem of the Community of Serbian Municipalities will still be an elephant in the room. Continued avoidance of this problem will it only led to further exclusions”.

Editor: Irini Anastasopoulou