No Legal Basis for EU Mission
Swiss Expert: Absolutely No Legal Basis for the EU Mission in Serbian Province
Director of the Swiss Institute of Federalism Thomas Fleiner says that the valid UN resolution on Serbian province of Kosovo and Metohija gives no legal basis to EU’s mission plans.

Fleiner, who is a Swiss constitutional law professor and federalism expert, as well as the President of the International Association of Constitutional Law, dismissed in a statement to Tanjug the argument of some European diplomats that the legal basis for sending a EU mission to Kosovo could be found in article 10 of UN Security Council Resolution 1244.

“Article 10 authorizes the UN secretary-general to establish, along with relevant international organizations, an international civilian presence in Kosovo so as to secure a transitional administration, with which the people of Kosovo could enjoy essential autonomy within the Federal Republic of Yugoslavia,” he explained.

Fleiner added that Article 10 calls for essential autonomy of the Serbian province of Kosovo within Yugoslavia—now its legal successor Serbia—and that Serbian Kosovo province, if it declares independence, “will by so doing reject Resolution 1244 because it does not want essential autonomy.”

UN SC Resolution 1244 Allows Only Autonomy
According to the Swiss legal expert, that means that every international mission in southern Serbian province has to be linked to essential autonomy of the province, and “in no way to possible or even likely declaration of independence.”

“The EU has made it cleat that it is sending a mission as part of preparations for the independence of Kosovo, which would constitute a violation of Resolution 1244 article 10,” said Fleiner, a professor of constitutional law at the University of Freiburg.

The Swiss expert pointed out that Resolution 1244 also requires “the full cooperation of FRY in its implementation,” or that “one of the partner parties responsible for implementing the solution prescribed by the resolution is FRY, or its legal successor Serbia.”

“That means that all matters relating to the implementation of the resolution have to be done in cooperation with the chief partner—Serbia. Once Kosovo province becomes an illegal independent state, states that are supposed to cooperate in the implementation of the resolution will no longer have a partner with whom they can cooperate,” Fleiner concluded.

OSCE head in Kosovo to keep job despite comments
07/02/2008

PRISTINA, Kosovo, Serbia — UNMIK officials announced on Wednesday (February 6th) that the head of the OSCE mission in Kosovo, Tim Guldimann, has not been asked to resign due to his views on Kosovo. Guldimann, a Swiss diplomat who accepted the post in October, has been telling different Swiss dailies that Kosovo should not be allowed to declare independence because it could pose a serious precedent for other breakaway territories.

The OSCE said on Wednesday that Guldimann has been reproached by UNMIK chief Joachim Ruecker, who reiterated that Guldimann’s views do not represent those of UNMIK. A report in the Pristina-based Express says he has been banned from issuing any further statements on the future of the breakaway province. (Kosovalive, RTK, Telegrafi, Balkaninsight - 06/02/0

Der Schweizer OSCE Chef ist wohl etwas vorlaut gewesen, das er der Schweizer Presse erzählt, das man keine Unabhängigkeit des Kosovo erlauben wird. Und von Rückers wurde er gerügt, weil diese keine offizielle Erklärung der UNMIK sei! Was wohl sowieso klar ist.
OSCE head in Kosovo to keep job despite comments
07/02/2008

PRISTINA, Kosovo, Serbia — UNMIK officials announced on Wednesday (February 6th) that the head of the OSCE mission in Kosovo, Tim Guldimann, has not been asked to resign due to his views on Kosovo. Guldimann, a Swiss diplomat who accepted the post in October, has been telling different Swiss dailies that Kosovo should not be allowed to declare independence because it could pose a serious precedent for other breakaway territories.

The OSCE said on Wednesday that Guldimann has been reproached by UNMIK chief Joachim Ruecker, who reiterated that Guldimann’s views do not represent those of UNMIK. A report in the Pristina-based Express says he has been banned from issuing any further statements on the future of the breakaway province. (Kosovalive, RTK, Telegrafi, Balkaninsight - 06/02/08)

Der Schweizer OSCE Chef ist wohl etwas vorlaut gewesen, das er der Schweizer Presse erzählt, das man keine Unabhängigkeit des Kosovo erlauben wird. Und von Rückers wurde er gerügt, weil diese keine offizielle Erklärung der UNMIK sei! Was wohl sowieso klar ist.OSCE head in Kosovo to keep job despite comments
07/02/2008

PRISTINA, Kosovo, Serbia — UNMIK officials announced on Wednesday (February 6th) that the head of the OSCE mission in Kosovo, Tim Guldimann, has not been asked to resign due to his views on Kosovo. Guldimann, a Swiss diplomat who accepted the post in October, has been telling different Swiss dailies that Kosovo should not be allowed to declare independence because it could pose a serious precedent for other breakaway territories.

The OSCE said on Wednesday that Guldimann has been reproached by UNMIK chief Joachim Ruecker, who reiterated that Guldimann’s views do not represent those of UNMIK. A report in the Pristina-based Express says he has been banned from issuing any further statements on the future of the breakaway province. (Kosovalive, RTK, Telegrafi, Balkaninsight - 06/02/08)

Der Schweizer OSCE Chef ist wohl etwas vorlaut gewesen, das er der Schweizer Presse erzählt, das man keine Unabhängigkeit des Kosovo erlauben wird. Und von Rückers wurde er gerügt, weil diese keine offizielle Erklärung der UNMIK sei! Was wohl sowieso klar ist.