Analysis of current events: “towards the rule of law in Kosovo: EULEX should go”

Abstract

Following Kosovo's declaration of independence in February 2008, the European Union deployed a rule of law mission in Kosovo (EULEX). While EULEX and its supporters have argued that the mission has the potential to succeed, critics claim that the mission has failed to significantly improve Kosovo's rule of law institutions, to address the rule of law vacuum in the north of Kosovo, and to prosecute high-level organized crime and corruption. I argue that the critics are correct, and explain that the mission is fundamentally flawed due to its neutrality about Kosovo's independence, its rejection of conditionality and capacity building, and its difficulty investigating politicized crimes. Consequently, the mission cannot overcome the inherent challenges of building the rule of law in Kosovo, namely the desire of the Kosovo Albanian majority for independence and the connection between politics and criminality. The paper concludes that EULEX should not be renewed, since the mission's main functions could be better fulfilled by other international organizations, namely the NATO-led Kosovo Force and the European Union Office.

Limits to the European Union’s Normative Power in a Post-conflict Society

“…It is moreover challenged by public opinion in Kosovo. This CSDP mission attracts broad and often legitimate criticism of deficiencies in the planning and implementation of the mission's mandate, including criticism from its own personnel; further, it is often criticised in academic circles (Greiçevci 2011;Radin 2014;Mahr 2017;Zupančič et al 2017). We can briefly point to the so-called Jacque Report published in April 2015, published in answer to public accusations by a mission staff member who highlighted the existence of corruption in the judiciary (Jacque 2015).…”

“…These has affected the mission's public image among the local population, including its police personnel and its work with the local Kosovo Police. Here we should also note the Jacque Report from April 2015 and the criticism expressed by , Kursani (2013), Radin (2014) and Malešič and Juvan (2015), as well as the 2012 European Court of Auditors' report (2012).…”

“…The EU's peacebuilding role in Kosovo, and the performance of EULEX in particular, have attracted considerable academic criticism in the last few years (Papadimitriou et al 2007;Shepherd 2009;Kammel 2011;Radin 2014;Malešič and Juvan 2015;Grilj and Zupančič 2016;Qehaja and Prezelj 2017). EULEX has also not been spared of salient criticisms from 'within', when the EU itself launched several investigations to help discover EULEX's malfunctioning as an institution and the misbehaviour of its staff.…”

Introduction

“…The EU's peacebuilding role in Kosovo, and the performance of EULEX in particular, have attracted considerable academic criticism in the last few years (Papadimitriou et al 2007;Shepherd 2009;Kammel 2011;Radin 2014;Malešič and Juvan 2015;Grilj and Zupančič 2016;Qehaja and Prezelj 2017). EULEX has also not been spared of salient criticisms from 'within', when the EU itself launched several investigations to help discover EULEX's malfunctioning as an institution and the misbehaviour of its staff.…”

Europeanization and the Rule of Law: Towards a Pathological Turn

“…corruption, politicization, misuse of law, etc.). See osce 2012; Radin 2014;Capussela 2015. 10 Interviews with several judges from see.…”