The Friedrich Ebert Foundation (FES) in Pristina has compiled a draft statute for the “Association of Municipalities in which the Kosovo Serb Community is the Majority”, drawn up by this organization in partnership with the European Institute for Peace (EIP).

This draft statute states that the Association will be a legal entity established by the Constitution and the legal system of Kosovo. It is further emphasized that the Association/Community will have its official symbols, including the emblem and the flag, which will be designed by the Board of the Association/Community by the Constitution of the Republic of Kosovo and the Law on Local Government.

According to the draft, the statute of the Association/Community is the highest legal act of the Association/Community adding that the statute will be approved by a founding assembly of the Association/Community, composed of the voted members of the municipal assemblies of the participating municipalities by the Law for the Ratification of the First Agreement and the Constitution of Kosovo. The statute will be approved by a legal act of the government of Kosovo and will assume the power of a Government regulation according to the legal system of Kosovo after review by the Constitutional Court.

The draft determines that the Assembly of the Association/Community is the body responsible for changes to the Statute.

“The Association/Community consists of the following ten municipalities and represents their interests and those of their residents. Membership in the Association/Community is voluntary. The procedures for an additional membership, removal from membership, and dissolution of the Association/Community are determined by this Statute. The Association/Community will not replace or reduce the rights and interests of the communities in the Republic of Kosovo, as provided for in its Constitution and foreseen by the legal system,” it is further stated in the points that make up the draft.

According to this draft, the activities of the Association/Community are based on the principles of voluntary participation by its members, the advancement of democracy and local governance, as well as respecting the provisions for the protection and representation of the rights and interests of communities embedded in the Constitution and laws of Kosovo.

The draft states that the municipal authorities join the Association/Community based on the decision of their municipal assemblies by the legal provisions that regulate the decision-making of this municipal body.

According to this draft, the Association/Community can be dissolved only by a decision of its Assembly approved by 2/3 of the majority of its members, while in case the decision to dissolve is taken by the Assembly of the Association/Community, the dissolution of the Association/Community is done by the government.

Also according to this draft, the Association/Community has the right to its integral budget, and bank accounts and has the right to own property and engage in financial transactions.