Elpida Gkoutzoupa, BA Department of International and European Studies at Panteion University

 

The Kosovo War (1998-1999) between Serbian forces and the Kosovo Liberation Army (KLA) resulted in massive human rights violations and the displacement of civilians, ultimately leading to NATO intervention. Following the conflict, Kosovo was placed under international administration (UNMIK). However, the lack of institutional stability, corruption, and the inability to establish the rule of law remained serious challenges. In this context, the EU (European Union) took action through the EU Rule of Law Mission in Kosovo (EULEX), which aimed to strengthen the judicial and police systems. The EULEX Mission was established by the Council of the EU in 2008 and represents the EU’s largest civilian mission under the Common Foreign and Security Policy (CFSP). All EU member states as well as several third countries including USA, Turkey, Canada, Switzerland, Norway, and Croatia participate in the mission (Gashi, 2011). A turning point in cooperation among member states was their effort to bridge the political divide over Kosovo’s in order to create the conditions necessary for its eventual accession to the EU (‘ 250-TZIFAKIS-The-Europeanization-of-Western-Balkans’, 2024). More specifically, EULEX contributed to strengthening Kosovo’s institutions by supporting the adoption of more than 110 laws, administrative directives, and regulations. At the same time, it assisted in establishment of judicial legislation and institutional reforms (Fish, Gill, and Petrovic, 2017). In fact, the mission played a decisive role in the reappointment of judges, as well as in the reorganization of customs, and border management.

Initially, reactions arose due to chronic problems with the mission, one of the main issues being the inefficient use of resources. Significant EU funding was allocated to Kosovo to strengthen the rule of law, making the country “the largest per capita recipient of EU assistance in the world” (European Union assistance to Kosovo related to the rule of law, 2012). EULEX has received over €890 million from the EU budget in total, making it the most expensive political mission to date. Its annual budget for 2015–2016 amounted to €77 million. In addition, the salaries of seconded staff are paid by the member states, although the EU itself does not have knowledge of the total cost. The scale of this funding reflects the Union’s commitment to strengthening the rule of law in Kosovo. However, the results did not meet expectations, particularly regarding the fight against corruption and organized crime. In northern Kosovo there was little progress in implementing rules to promote the rule of law (Fish, Gill and Petrovic, 2017).Despite, EU funding for projects related to the new border system, the strengthening of the legal system, and the creation of an information system for the courts, these objectives were not fully achieved, or at least not to the extent originally envisaged (European Union assistance to Kosovo related to the rule of law, 2012).

Another point of intense criticism was EULEX’s failure to combat corruption. High-profile corruption cases involving members of the elite were not fully investigated, creating the impression of impunity (Rashiti, 2019). EULEX attributed its stance to a reluctance to challenge political stability. More specifically, it was accused by former officials (Marija Bamieh) and official investigations (European Court of Auditors) of being overly involved in local politics. When the mission attempted to handle high-profile cases, political interference, coupled with the  inability to gather sufficient evidence and witness statements, made prosecution extremely difficult. EULEX’s inability to tackle organized crime undermined its credibility. Corruption in Kosovo remains rampant due to inadequate cooperation between the police, the prosecutor’s office, and the FIU, as well as a lack of coordination and joint planning. In 2013, following the EU’s proposal for an amnesty for crimes committed by Serbs in northern Kosovo, the government applied the law more broadly, granting amnesty for crimes across the territory. As a result, cases involving politically connected individuals were shelved. In the case of prosecutor Marija Bamieh, who reported corruption within EULEX, no internal investigation was launched immediately, and she was later suspended, creating a sense of opacity in the mission’s handling of the case (Fish, Gill, and Petrovic, 2017).

At the same time, the judiciary, upon which the rule of law depends, has been the subject of intense debate among the local community and scholars. Fundamental principles governing the justice sector, such as accountability and institutional independence, were not fully realized (Rashiti, 2019). EULEX did not adequately address political interference in the justice system, while judicial administration remained slow and ineffective due to inadequately trained personnel. Although the EULEX corruption scandal may have been dismissed, allegations that senior officials accepted bribes (combined with the dismissal of a prosecutor and whistleblower) reinforced the view that EULEX is part of the problem rather than part of the solution (Rashiti, 2019). Despite exercising their executive powers, EULEX prosecutors and judges were repeatedly accused of mishandling serious cases and of delaying, at times, the investigation or prosecution of high-ranking individuals. Most worryingly, following the EU-Kosovo agreement of April 2014 on the revision of the mission’s mandate, EULEX prosecutors and judges were stripped of their authority to take on new cases. Given the weakness of the country’s rule of law institutions, an EULEX representative stated with disappointment: “No high-ranking person will ever be prosecuted again. All those at the top can now feel safe” (Fish, Gill and Petrovic, 2017).

The EULEX mission has been successful in establishing the rule of law in Kosovo, particularly in the areas of institutional framework, policing, and the mobilization of justice through staffing of judges and prosecutors. However, malfunctions related to the squandering of funds, its uncertain role in combating corruption, and allegations of internal corruption and abandonment of cases involving elite figures have reinforced local and international doubts regarding its effectiveness. EULEX gradually ceased to act as the guarantor of the rule of law, distancing itself from this role, which results os both its staff and its presence in Kosovo.

In summary, EULEX in Kosovo has made a significant contribution to institutional reform and the consolidation of European standards of justice by supporting the creation of institutional structures and the modernization of the judicial system. Regarding future interventions, it is crucial to strengthen the full participation of local authorities and civil society in the design and implementation of new programs. Furthermore, the establishment of an independent evaluation mechanism could improve the transparency, thereby trust and enhancing the perceived effectiveness of any new action undertaked by EULEX other relevant bodies.

 

Bibliography:

Koppa, M. and Tzifakis, N., 2024. The controversial European EULEX mission. In: M. Koppa and N. Tzifakis, eds. The Europeanization of the Western Balkans. Cham: Kallipos, Open Academic Editions, pp.322–324.

Fakiolas, E. T., & Tzifakis, N. (2017). “Establishing the Rule of Law in Kosovo and Bosnia Herzegovina: the contribution of the EU civilian missions”, in M. S. Fish, G. Gill & M. Petrovic (eds), A Quarter Century of Post Communism Assessed. Cham: Palgrave Macmillan, 187-216.

Rashiti, N. (2019) Ten Years after EULEX: Key principles for future EU Rule of Law flagship initiatives. Brussels: CEPS.

European Court of Auditors. (2012) European Union assistance to Kosovo related to the rule of law. Special Report No. 18/2012. Luxembourg: Publications Office of the European Union.

Gashi, B. (2011) European Union mission for the rule of law in Kosovo. Iliria International Review, 2011(2). Holzkirchen: Felix–Verlag and Iliria College.