Kosovo: A Silent European Consensus

Abstract

The present tensions in Belgrade–Pristina relations highlight the relevance of a consensus regarding the question of Kosovo. This article argues that the cyclical nature of Kosovo’s history has been muted by the thesis ‘Kosovo is a unique case’ which through unilateral decisions produced various legal schizophrenias. These legal schizophrenias embodied in a power triangle—Ahtisaari Plan–European Union Rule of Law Mission in Kosovo (EULEX)–Kosovo’s Constitution. Despite gaps and inherited chaos, the indisputable achievements of the EU’s efforts in normalizing relations between Belgrade and Pristina show that the EU not only can facilitate peace but also possesses the capacity to achieve a consensus. Already there is a ‘silent’ consensus among actors on the status of Kosovo—the European protectorate. The article also discusses institutional design based on the consensus, which aims to promote shared narratives.

Legal and Political Contradictions in Kosovo: Limits of the Brussels Agreement

“…Apart from this issue, there is another question looming in the background: there is “a fine difference between Serbia’s rights and the rights of Kosovo Serbs in Kosovo. From Serbia’s perspective, the Brussels Agreements only secure the rights of Serbs in the province” (Semenov, 2020, p. 384).…”

“…However, since the UN reaffirmed Resolution 1244, the UNMIK mission remains in force (Muharremi, 2010, p. 368). This legal contradiction is best summarized by Semenov (2020), 382): As UNMIK is not covered by Kosovo’s consent to exercise its power under Resolution 1244, the conclusion is that EULEX had no legal basis to exercise its mandate under Kosovo’s Constitution […] EULEX is established by the Ahtisaari Plan (which is not only legalized by Kosovo’s Declaration of Independence but also takes precedence over the Constitution) but operates under the umbrella of UNMIK which exists in the Constitution only as a historical fact. Put bluntly, Kosovo’s constitutional framework legalizes Ahtisaari Plan—Ahtisaari Plan legalizes the EULEX mission, while EULEX is illegal under Kosovo’s Constitution.…”