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Title: The engagement of EU in the creation of subjects of international law: Kosovo case
Authors: Brusylovska, Olha I.
Citation: The Balkans between Past and Future: Security, Conflict Resolution and Euro-Atlantic Integration.
Issue Date: 2013
Keywords: EU politics
Series/Report no.: ;Vol. II.
Abstract: The theory that has had an impact on the theoretical frames of the present topic was produced by a famous American sociologist Amitai Etzioni (“From Empire to Community: A New Approach to International Relations”). This topic has the aim to analyze the EU politics toward Kosovo independence, and get the answer: Can the European Union act efficiently when acting independently from other international actors? Involvement of EU in Kosovo problem was strengthening from the beginning of 2005. In mid-March 2007 Ahtisaari presented to the Secretary General a plan in the form of a short “Report” and a lengthy “Comprehensive Proposal”. Ultimately, Kosovo is, and will remain until resolved, a European problem. Failure to act would also discredit the EU’s CFSP (Common Foreign and Security Policy) and its efforts to project itself as a credible international actor in conflicts elsewhere. The new international presences in Kosovo described in the “Comprehensive Proposal” of Ahtisaari. It includes ICR, ICO, EULEX, IMP, and ISG, which will review the mandate of theses presences after two years. EULEX, the EU’s biggest ever ESDP operation, was agreed in February 2008. The EU states which have recognized Kosovo interpret the decision on EULEX (Joint Action Plan, 4 February 2008) to mean that EULEX will work together with the Kosovar institutions and authorities. The opposite point said that EULEX did not prejudge the status issue and was thus consonant with UNSCR 1244. EULEX reached full operational strength on the 6th of April 2009. Among the main achievements we can see: 1) EULEX was able to reestablish control of border crossing to Serbia in the north; 2) EULEX judges had commenced holding sessions in the District Court House in the North Mitrovica. These judges are widely respected by local colleagues; 3) EULEX is investigating widespread corruption at the highest levels (ministries, government institutions). These raids should exert a positive effect in deterring corruption. But at the same time the EULEX similar to UNMIK was much too passive, and we can see a lot of problems. Answering on the main research question - can the European Union act efficiently when acting independently from other international actors - we should conclude that it is almost impossible. Lack of coordination between different international actors remains one of the most serious problems for the Kosovo future. But it does not mean, of course, that the EU made a big mistake then it was evolved in decision of this problem. In fact, there was no alternative to strengthen their presence in Kosovo, integral part of Europe.
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