EULEX – Towards an Integrated Exit Strategy – Strengthening the rule of law through EU integration

April 21, 2014

The European Union rule of law mission in Kosovo, EULEX, deployed in 2008, presents the largest Common Security and Defense Policy mission to date, and one of the most expensive. It was meant to combat existing rule-of-law problems in Kosovo, including lack of capacity, political interference, corruption, organized crime, war crimes and the lack of rule of law in the new state‘s north. However, EULEX has also been one of the most criticized missions. Critique has come from former EULEX employees, the European Parliament and the European Court of Auditors as well as from other international organizations in Kosovo such as KFOR. EULEX has also been heavily criticized by political actors and the general public in Kosovo.EULEX from the moment of deployment has suffered from structural contradictions and constraints, many of which persist until today. It works on a legal basis that on one side is rooted in the so-called Athisaari plan and the constitution of the independent Republic of Kosovo, and on the other on UN Resolution 1244, that is on neutrality regarding the status of Kosovo. In the north of Kosovo, the mission is deployed under a more status-neutral umbrella, dividing the mission ethno-territorially. The EULEX bureaucratic apparatus has been too large and the organizational culture too opaque. The relations between the executive and capacity building functions have been problematic, leading to structural changes and disputes that remain ongoing. The judicial part of the mission has been perpetually understaffed, precipitating a weak record prosecuting war crimes, organized crime and corruption. In fairness, EULEX had limited ability to link its work with EU integration tools in promoting the rule of law and an independent judiciary.

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EULEX – Towards an Integrated Exit Strategy – Strengthening the rule of law through EU integration

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