The Status of Kosovo and Metohija I Present status II Future status Interdependence between present and future status

Ad I (Present status of K&M) -Territory under interim civil and military administration of the UN -International legal basis of the status – UN Security Council Resolution Nr. 1244

Five key elements of the Resolution 1244: 1)Establishing of the civil and military UN mission in Kosovo and Metohija 2)UN guaranties sovereignty and territorial integrity of the FR of Yugoslavia (respectively Serbia and Montenegro) 3)Main objective of the mission: stabilization of entire situation; effective protection of human rights including the rights of all communities; maintaining the multi-ethnic character of K&M 4)International mission should help establishing of the provisional institutions of self-government (in order to introduce substantial autonomy and meaningful self-administration) 5) After achieving prescribed objectives the process will be launched aiming to define the future status of K&M

Back to recent past – the reasons for the establishment of the present status of K&M -Permanent violation of human and minority rights of the Albanian community in K&M by the ruling regime in Serbia -Military intervention of the NATO in The lack of the international-law basis for the intervention -Humanitarian justification of the intervention; inclusion of moral principles into international-relations’ activities - Ex post legalization of the military intervention through UN SC Resolution 1244

Emerging of a new reality in K&M since Changed reality in K&M since June Internal legal framework - Constitutional framework - Provisional institutions - Legal and institutional protection of communities -Position of Serb community in K%M - Freedom of movement - Return - Property situation - Religious sites -De facto operation of the UNMIK: decolonization (establishing new symbols of independence: custom territory, travel documents, car plates, postal code) -Disappearing of Albanian moral advantage

From present towards future -The policy of “standards before status” -Eight groups of standards and problem of its evaluation 1)Functioning the democratic institutions 2)Rule of law 3)Freedom of movement 4)Sustainable returns and rights of communities 5)Economy 6)Property rights and cultural heritage 7)Political dialogue 8)Kosovo protection corps

Ad II (Future status) Procedural prerequisites -Not to loose the conditioning with regard to standards implementation -Main objective of negotiations: optimal-compromising- solution -The frame of talks – UN mechanism; Resolution Respect the principles of the international law -European prospective

In the search for the solution 1)Independence of K&M - preconditions and consequences 2) Partition of K&M - preconditions and consequences 3) Extended autonomy within Serbia and Montenegro - preconditions and consequences

Substantial and multi-dimensional autonomy - K&M vis-à-vis Serbia: extended autonomy – self-rule in legislation, executive and judiciary - Serb areas within K&M: autonomy in the vital interest branches – education, culture, health care, social policy, property protection, infrastructure, protection of the religious sites - Twofold guaranties: through international-law (agreement); through domestic law (constitutional arrangement)