O ustavnosti i zakonitosti Briselskog sporazuma
On Constitutionality and Legality of the Brussels Agreement

Summary/Abstract: The author considers the nature of „The first agreement on principles regulating normalisation of relations“ concluded between Belgrade and Pristina. This agreement is not an international agreement, nor is it a political act. It came into existence as informal written political agreement of participants in the dialogue in Brussels. Subsequently, its contents were put in the external form of a general act of Government, entitled „Conclusion“, and in form of general act of Parliament of Serbia, entitled „Decision“. Thus the Agreement became integral part of the 2 above- mentioned general acts from nomenclature of general acts of positive law of Republic of Serbia. So it became general act of positive law of Republic of Serbia which has general effects. If it had not general effect, one would not be obliged to implement it at all in non- specified number of cases. The Agreement brought to Kosovo and Metohia more than substantial autonomy- it brought full and, as far as Serbia is concerned, non- restricted statehood to that province of Serbia. After the Agreement former Autonomous province of Kosovo and Metohia completed all 3 outside elements of statehood- territory, population and supreme power over them- thus enabling it to change its’ name to „Republic Kosovo“ in its’ acts with full legal basis for adoption of such an act.

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