Konjufca: The decision on the land of V. Decani should not be implemented, the judges did not protect the Kosovo Constitution

Foto: KoSSev

The Kosovo Constitutional Court’s decision on the land of the Visoki Decani monastery should not be implemented, said Glauk Konjufca, the chairman of the Kosovo Assembly – the highest representative body in Kosovo. Moreover, Konjufca believes that the judges in this case did not defend the Kosovo Constitution.

“I say it should not be implemented. I studied the legal framework, not the Constitutional Court, but the legal framework on the property and political decisions, when it was made and based on which the Constitutional Court made its decision. In my opinion, the first dimension is scandalous; it is the decision of Slobodan Milosevic from 1997. I believe that the judges of the Constitutional Court are there to defend the constitutionality of Kosovo. I don’t think they protected it in this case. I think that the judges treated the case completely separate from its political-historical dimension,” Konjufca said during his recent guest appearance on the “Rubikon” talk show on Klan Kosova TV.

The Kosovo Assembly chairman also compared the decision of the Kosovo Constitutional Court to a wrongful conviction.

„I think this case is like a wrongful conviction. And that is something that happens in every country in the world, sometimes an innocent person gets convicted,“ said Konjufca.

He recalled that Kurti’s government is the third government in a row that did not implement the decision of the Constitutional Court on the monastery land.

Konjufca stressed that he does not want the decision to ever be implemented, adding that the international community does not share the same position.

„The problem is that there is great disagreement on this issue with the international community, important international actors, institutions, and the highest representatives,“ he said.

The Kosovo Constitutional Court confirmed the ownership of the Visoki Decani monastery over 24 hectares of the surrounding land and forest in 2016, however, Kosovo institutions have been refusing to implement this decision ever since.

Quint countries and other international representatives and organizations have frequently called on Kosovo institutions to implement this decision.

The Diocese of Raska-Prizren has also reiterated on several occasions that this decision is „final and irrevocable“, and that its non-implementation „only further demonstrates the legal threat to the monastery.“

This year, the monastery of Visoki Decani, which has been under the protection of UNESCO since the middle of the 2000s, was included on Europa Nostra’s list of the seven most endangered European cultural monuments, partly because of the non-implementation of this court decision.

This decision, however, was met with strong resistance and harsh criticism from the top Kosovo officials, who persistently claim that the monastery is not endangered.

No one should pressure us to form the ASM

In the same talk show, Konjufca spoke about the Association of Serb-majority Municipalities, confirming once again that he opposes the formation of this body.

„We are in such a position that the head of the diplomacy of the European Union, Josep Borrell, at the conference with our Prime Minister Albin Kurti, says that we cannot progress without the implementation of the ASM. Serbia’s approach in this regard is that we are obliged to implement what we have signed, and in order to even the playing field, we must implement the ASM.“

Konjufca specified that neither the European Union nor Borrell should pressure Kosovo to form the ASM.

„Serbia considers that agreement as an agreement which, in their opinion, was allegedly concluded based on its Constitution with one of its provinces. This issue does not have a clear framework of an international agreement and no one from the European Union, not even Borrell, who says that Kosovo is wrong in not respecting this agreement, has the right to put pressure on us,“ Konjufca concluded.

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