Смисао и циљ става о поштовању "територијалног интегритета Косова" у извештају Европске комисије о напретку Србије за 2012. годину
Meaning and Aim of the Position Requiring Respect of the "Territorial Integrity of Kosovo" in the Report of the European Commission on the Progress of Serbia for 2012

Author(s): Sava Aksić
Subject(s): Law, Constitution, Jurisprudence, Governance
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Serbia;Kosovo and Metohija;European Union;State;Territory;Association;Territorial integrity;Membership;
Summary/Abstract: In its annual report on Serbian progress in the process of integration into EU for the year 2012 the Europеan Commission asked from Serbia to respect ”territorial integrity of Kosovo” – southern Serbian province which has, contrary to international law, proclaimed its ”independence”. To ex-plain this kind of demand, the European Commissar has said that it doesn’t implicate any status of Kosovo, because the territory does not implicate that an entity has a character of the state. According to him, the aim is only to avoid division of Kosovo.But, every valid theory of state sees territory as the first condition for existence of a state. So, with regard to the valid theories of state, history and practice, it is impossible to draw any other conclusion other than that the existance of a state without territory is impossible.The only purpose of the European Commission's demand is to use Serbia's aspiration toward integration into European Union for Serbia's recognition of its own province as an independent state. Such demand of the European Union obviously shows that Serbia has no equal position in comparison to other states candidates for membership in the European Union.

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