Brussels Treaties, Constitutionality, Rule of Law, and the Minority Rights

Kosovo and Serbia have been engaged in ongoing dialogue for more than ten years. The proclaimed goal of the dialogue was to normalise relations between these two states as a contribution to bringing sustainable peace and stability to the region. However, the entire EU-mediated dialogue was characterised by ambiguities related to its content, the parties involved, and the role of the EU as facilitator/mediator. During the decade of dialogue, around forty agreements have been achieved. The focus of the main pressure for implementing these agreements was primarily on the following two treaties: the Treaty for Normalisation of Reports (2013) and the Treaty on the Path to Normalisation (2023). Both agreements, when implemented, will have an impact on the Constitution of Kosovo and the principle of the rule of law, including equality and human/minority rights. This paper aims to provide insight into the most recent developments regarding the dialogue and an analysis of the targeted agreements under the constitutional principles of equality, community rights, and the rule of law. The paper analyses the Constitutional Court judgement in accordance with the 2013 agreement. It contextualises the 2023 agreement within the Constitution of Kosovo, raising various questions about how and whether this agreement can be accommodated within Kosovo’s constitutional system. For this paper, the authors employed a combined methodology, incorporating the methods of legal analysis, comparative analysis, and theological analysis. The paper will adopt a complementary approach, updating the work in this field and contributing to further discussion between scholars and practitioners in the field of law.