The Government of the Republic of Kosova expresses its regret regarding the Statement issued by the QUINT states, the EU, and the OSCE concerning the May 30th decision on the expropriation of immovable property in certain municipalities in the north of the Republic of Kosova. The statement in question inaccurately reflects the factual situation and makes a legal assessment not grounded in evidence.
Following the proposal by the Ministry of Environment, Spatial Planning, and Infrastructure, the Government of the Republic of Kosova initiated the process of expropriating immovable property in several municipalities of the Republic of Kosova in accordance with the Law in force on Expropriation, with the aim of building infrastructural projects. The aim of such expropriation follows the definition of a “legitimate aim” as articulated by the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights in Strasbourg. This matter has been laid out during meetings and discussions with international partners, who have requested that the Government of Kosova respect judicial processes that have been initiated, before making a final decision on expropriation in the Government.
Even though our laws allow a decision to be taken in spite of processes initiated in the courts, the Government nonetheless waited for the courts to decide before continuing with the final decision. The only dispute related to the expropriation procedure, according to Strasbourg jurisprudence, is the amount of compensation.
Claimants have filed lawsuits against the preliminary expropriation decision, alleging procedural law violations. The courts found that the majority of the claimants lacked standing, as they were not owners of the properties subject to expropriation. In the final decision, the Government has reflected the court rulings and excluded the properties of successful claimants from expropriation.
The law in this case has been applied uniformly, as in all other expropriation cases for public interest across Kosova. We believe that everyone agrees that all regions of Kosova should be treated equally and fairly under the law.
The construction of infrastructure projects, including police stations, will aid in preventing violence and combating organized crime and corruption. These are lawful and eminently legitimate aims that contribute to strengthening the rule of law and, above all, ensuring the safety of citizens who have long been subjected to violence and terror by criminal gangs led by the chief terrorist Milan Radojčić, who has been sanctioned by the U.S. Treasury and the United Kingdom.
As was concluded by the Report of the Eminent Lawyers of the Council of Europe, Kosova has advanced legislation that ensures a high level of protection of human rights and liberties, especially those of non-majority communities. The Eminent Lawyers have stated that: Kosova’s legal framework has been strongly influenced by the International Community and goes beyond international standards.
Furthermore, we express our concern that the statement refers to the expropriation in certain municipalities in Kosova as “majority-Serb municipalities.” Municipalities in Kosova have specific names, and the government does not refer to them as municipalities with majorities of Albanians, Serbs, Turks, and so on, since this is inconsistent with the multi-ethnic character of Kosova’s constitution. Expropriations should be evaluated based on legality, human rights, and public interest, not on the ethnic affiliation of the citizens.
Last modified: June 7, 2024