Jan 24, 2014

Kosova: EEAS Proposes To Downgrade EULEX Mission



The European External Action Service (EEAS) is proposing to reduce the European Union’s rule of law mission in Kosova, EULEX, in both scope and size by transferring the power to launch and manage prosecutions involving war crimes, terrorism, corruption, and property and privatisation cases to the Government of Kosova. The proposal comes after improvements in Kosova's administration and the start of talks on Kosova's integration into the EU have reduced the need for the mission.


Below is an article published by European Voice:

Catherine Ashton, the European Union's foreign policy chief, is seeking to downgrade the EU's mission to bolster the rule of law in Kosovo, stripping it of powers and staff.

The office of special prosecutions, which has won convictions for war crimes and corruption and is part of the EU's mission, would be handed over to Kosovar control.

Under its current mandate, Eulex Kosovo, which is the EU's biggest-ever mission abroad, has the authority to investigate, prosecute and adjudicate serious criminal cases. Eulex also advises local officials in the police, the judiciary and the customs service. In the Serb-populated north of Kosovo, Eulex is the main law-enforcement presence.

But its mandate expires in June [2014] and, on behalf of Ashton, the European External Action Service (EEAS) is now proposing to member states that Eulex should be renamed, its staff of 2,250 people cut back sharply, and that it should be closed altogether in mid-2016.

Crucially, the proposed mandate for the slimmed-down mission would mean that, in most of Kosovo, the EU would no longer have the power to launch and manage prosecutions involving war crimes, terrorism, corruption and property and privatisation cases. Some executive powers would be retained in northern Kosovo, but elsewhere EU officials would be reduced to advising local officials.

The argument presented in support of the transformation is that improvements in Kosovo's administration and the start of talks with the EU on Kosovo's and Serbia's integration into the EU have reduced the need for the mission. Documents seen by European Voice also make clear that mounting pressure from the Kosovar government is a reason.

 

The government of Prime Minister Hashim Thaçi, wants Eulex phased out. A decision to rename, weaken and then close Eulex would boost Thaçi's chances in parliamentary elections expected by September [2014].

Thaçi is an ally of the EU, having taken a constructive line in EU-mediated talks that last April [2013] resulted in a breakthrough agreement with Serbia on the level of autonomy for ethnic Serbs in Kosovo.

Senior Kosovo officials were briefed on the plan in Brussels last week [16 January 2014], though the thrust of the proposal – to reduce Eulex's scope and size – had already been leaked to Kosovar media. EU member states are expected to start debating the ‘strategic review' within weeks.

The EEAS's proposal is likely to come under close scrutiny from those member states that have attached importance to the post-war reconstruction of the Balkans and the region's accession to the EU.

The proposal must also be squared with the European Commission, which in recent years has reinforced its focus on the rule of law as part of negotiations on EU membership. The first chapters opened in membership talks that began with Serbia on Tuesday [21 January 2014] related to policing, the judiciary and fundamental rights.

Kosovo is further behind than Serbia in its bid for admission to the EU. In October [2013], Kosovo began talks that are supposed to lead to a stabilisation and association agreement, but the primary focus of negotiations in this stage of EU integration is on economic and trade issues.

In a report on Kosovo published in October [2013], the European Commission highlighted persistent problems with the rule of law, especially the fight against corruption and organised crime.

“On the rule of law, Kosovo needs to provide concrete evidence of results in fighting organised crime and corruption as a matter of priority, and strengthen legislation and its implementation,” it said. “Kosovo needs to actively support Eulex in the implementation of its mandate.”

The EU has asked Kosovo to draft by the end of April [2014] a three-year strategy on the assistance it requires from the Commission on the rule of law.

Eduard Kukan, a Slovak centre-right MEP, who chairs the European Parliament's delegation to Kosovo, said that some MEPs were critical of the effectiveness of Eulex, but the general view – shared by him – is that Eulex should continue beyond 2016. “It is important for Eulex to be there, because without it the EU loses the instrument that it can use for resolving issues that are very important,” he said. From 1998 to 2006, Kukan served as foreign minister of Slovakia, one of five EU member states that have not recognised Kosovo as an independent state.