Simplistic interpretation of this sensitive issue is whether Serbia, by participating in international meetings with Kosovo representatives, actually recognizes Kosovo’s independence? And, of course, whether will the refusal to be at the same table additionally move Serbia away from its European path.
ASYMMETRY: According to chief negotiator Borislav Stefanovic, Serbia will do whatever it takes not to silence the voice of Pristina in regional forums, but it insists on asymmetric presentation in accordance with Resolution 1244, which Pristina refuses. The Associate Robert Cooper claims that Brussels has no suggestions and will accept whatever the two sides agree on.
Professor of International Law Tibor Varady considers that Resolution 1244 is a legal framework subject to various interpretations by the negotiators. Serbia reminds that, according to the Resolution, Kosovo is a province within Serbia and that any solution should depend on it. On the other hand, Kosovo believes that Resolution 1244 was the ground for the declaration of independence. Varady points out the fact that Kosovo was taken from Slobodan Milosevic in 1999. and that Boris Tadic and Vojislav Kostunica are not responsible for that loss.
“The viewpoint that Resolution 1244 does not allow Kosovo’s independence is legally justifiable, but in practice Kosovo is not part of Serbia. Serbia has no legislative, executive, or judicial authority in Kosovo and the slogan ‘Kosovo will be saved’, which Serbian representatives constantly repeat, is simply not consistent with the facts”, Varadi said for Novi Magazin, adding that “since the very beginning we have been making moves that are not in accordance with reality”.
According to Varadi, the request for regional representation of Kosovo is a step toward the transformation of the actual situation into a legally accepted one. He estimates that further steps in this direction can ensue: “It is not easy to be a politician in Serbia today, having in mind the quite exceptional emotion linked to Kosovo because of which Kosovo is the number one issue in politics. However, all this happens at imaginary level, because Kosovo is not part of Serbia since 1999.”