ПРАВНИ ОСНОВ СПОРАЗУМА О СТАБИЛИЗАЦИЈИ И ПРИДРУЖИВАЊУ ИЗМЕЂУ ЕУ И КОСОВА* И ПОЗИЦИЈА РЕПУБЛИКЕ СРБИЈЕ
LEGAL BASIS OF THE STABILISATION AND ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN UNION AND KOSOVO* AND POSITION OF THE REPUBLIC OF SERBIA

Summary/Abstract: Proposal of the Stabilization and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, on the other part, (the SAA with Kosovo) raises a number of issues connected with the question of the status of Kosovo. Since Kosovo is not a state in accordance with the international law, and since conclusion of the SAA with Kosovo is without prejudice to the EU member states position on the status of Kosovo nor represent recognition of Kosovo, the key question is the question of the legal basis for the conclusion of the SAA with Kosovo, since Article 217 of the Treaty on the Functioning of the EU reserve conclusion of the association agreements only for states and international organizations. The author also considers the issue of possible role of the UNMIK and the Republic of Serbia in the process of conclusion of the SAA with Kosovo and consequences of its conclusion on the final settlement of the Kosovo status.

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