Abstract

Here we have studied the international circumstances that have affected the deployment of the EULEX Mission in Kosovo. The EULEX mission is the European Union Mission for the Rule of Law in Kosovo. Its main goal is to advise, assist and support the Kosovo authorities in issues of the rule of law, especially in the field of police, judiciary and customs performance. Also this mission has the responsibility to develop and further strengthen the independent multi-ethnic justice system in Kosovo, by ensuring that the rule of law institutions are not politically influenced and that they meet the known international standards and best European practices. This mission was foreseen to be deployed to Kosovo, based on the Ahtissari Comprehensive Status Proposal for Kosovo, but due to its non-approval by the UN Security Council, its full implementation was delayed until December 2008. EULEX acts within the framework of Resolution 1244 of the UN Security Council and under a single chain of command in Brussels. EULEX officials have supported Kosovo Police, the Judiciary system and Kosovo Customs, through MMA actions for achieving objectives and goals that are foreseen by the program strategy of EULEX. But in terms of efficiency, EULEX has only achieved modest results. In the northern part of Kosovo, EULEX has failed, as a result of its ambivalent mandate and incoherence of EU Foreign and Security Policy.

Highlights

  • We have studied the international circumstances that have affected the deployment of the EULEX Mission in Kosovo

  • Its main goal is to advise, assist and support the Kosovo authorities in issues of the rule of law, especially in the field of police, judiciary and customs performance. This mission has the responsibility to develop and further strengthen the independent multi-ethnic justice system in Kosovo, by ensuring that the rule of law institutions are not politically influenced and that they meet the known international standards and best European practices. This mission was foreseen to be deployed to Kosovo, based on the Ahtissari Comprehensive Status Proposal for Kosovo, but due to its non-approval by the UN Security Council, its full implementation was delayed until December 2008

  • Iliria International Review – 2011/2 © Felix–Verlag, Holzkirchen, Germany and Iliria College, Pristina, Kosovo. This mission’s job was favored by a large number of facilitations, such as the existing necessary legal support for settlement and exercising of activity of this mission, the existing of KFOR and KPF as security forces, the existing of a penal-judiciary legislation based on which the justice system of Kosovo operates etc

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Summary

EU position on Kosovo Independence

In the case of Kosovo’s independence, the EU once again showed, that in matters of foreign policies, it couldn’t speak unanimously. Despite the fact that the main countries and most of the EU member states – 22 states, have recognized Kosovo’s independence, while 5 other countries, due to their national interests and alliances with Serbia, failed to do so, brought to the situation that the EU, an entity of legal power in international relations, even after the opinion of the International Court of Justice on the legitimacy of the declaration of Independence by Kosovo, still has no unanimous position. The European Union, being unable to unify its common position of all member states to recognize Kosovo’s independence, the EU bodies continue to remain present and active in Kosovo, through different instruments to support Kosovo’s development and political processes in its way towards European integration

Presence of the European Union in Kosovo
Circumstances that affected the deployment of the EULEX Mission in Kosovo
Settlement of EULEX
Findings
Conclusions

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