European Union Rule of Law Mission in Kosovo
Encyclopedia
The European Union Rule of Law Mission in Kosovo, EULEX Kosovo, is a deployment of European Union
(EU) police and civilian resources to Kosovo
. This Common Security and Defence Policy mission is the international civil presence in Kosovo operating under the umbrella of the United Nations Interim Administration Mission in Kosovo
(UNMIK) established by United Nations Security Council Resolution 1244
.
Serbia and a number of countries had initially strictly objected to the mission and supported UNMIK, demanding approval by the United Nations Security Council
, which was rendered in late 2008. After signing a 5-point plan between Serbia and the UN, the UN SC approved the addition of the EULEX as an assistance mission subjected to the UNMIK, rather than outright replacing it, which would be technical in essence and not address the Kosovo status question, also rejected the Ahtisaari plan
which the EULEX had originally supported.
The mission includes around 3,200 police and judicial personnel (1,950 international, 1,250 local), and began a four month deployment process on 16 February 2008. The mission intends to remain in Kosovo until at least June 2012.
on 14 December 2007. This was later increased to 2,000 personnel due to an increase in expected instability due to a lack of an agreement with Serbia. It consists of police officers (including four anti-riot units), prosecutor
s and judge
s - hence focusing on issues on the rule of law
, including democratic standards. The size of the mission means Kosovo is home to the largest number of EU civil servants
outside of Brussels
. Chief of the mission is French General Xavier Bout de Marnhac
, who replaced Yves de Kermabon on 15 October 2010. He is accountable to the European Union member states.
The final decision on the mission was planned to be taken on 28 January 2008. This was postponed due to concerns over possible negative effects on the second round of the presidential election
in Serbia
on 3 February 2008 and the possible signing of the Stabilization and Association Agreement with Serbia on that date. The officially voiced reason for the postponement is the lack of a legal basis (through a UNSC resolution or something similar) for the mission. A Joint Action was approved on 4 February 2008 and the final decision was made on 16 February 2008.
Spain
does not take part in EULEX mission, since legal questions over how it replaces the UN administration have not been answered. In June 2008, Spanish Foreign Minister Miguel Ángel Moratinos
told a meeting of European Union Foreign Ministers in Slovenia that Spain will not send its contingent to the EULEX mission until there has been a formal transfer of powers from the United Nations.
Apart from EU members, third parties Croatia
, Turkey
, Switzerland
, Norway
, Canada
and the United States
also take part.
n approval. The agreement was seen as ensuring the unity of the EU on the question, however the Presidency
announced it would not amount to recognition of an independent Kosovo.
The EU has stated its mission will be legally based on United Nations Security Council Resolution 1244
, which introduced the international rule of Kosovo in 1999. However, the EU force, which was previously planned to be convered by Security council's approval of Ahtisaari proposal, has not received a new U.N. Security Council mandate due to the opposition from Russia. Russia specifically blocked transfer of U.N. facility to the EU mission. Serbia also views the mission as an EU recognition of an independent Kosovo.
In November 2008, the EU accepted the demand of Serbia not to implement the plan of Ahtisaari through EULEX and to be neutral regarding the status of Kosovo. On the other hand EULEX will be accepted by Serbia and the UN Security Council.
, a light infantry battalion of about 600 soldiers, to help maintain public order.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) police and civilian resources to Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
. This Common Security and Defence Policy mission is the international civil presence in Kosovo operating under the umbrella of the United Nations Interim Administration Mission in Kosovo
United Nations Interim Administration Mission in Kosovo
The United Nations Interim Administration Mission in Kosovo or UNMIK is the interim civilian administration in Kosovo, under the authority of the United Nations. The mission was established on 10 June 1999 by Security Council Resolution 1244...
(UNMIK) established by United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244, adopted on June 10, 1999, after recalling resolutions 1160 , 1199 , 1203 and 1239 , authorised an international civil and military presence in Kosovo ) and established the United Nations Interim Administration Mission in Kosovo .Resolution...
.
Serbia and a number of countries had initially strictly objected to the mission and supported UNMIK, demanding approval by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
, which was rendered in late 2008. After signing a 5-point plan between Serbia and the UN, the UN SC approved the addition of the EULEX as an assistance mission subjected to the UNMIK, rather than outright replacing it, which would be technical in essence and not address the Kosovo status question, also rejected the Ahtisaari plan
Ahtisaari Plan
The Ahtisaari Plan, formally the Comprehensive Proposal for the Kosovo Status Settlement , is a status settlement proposal covering a wide range of issues related to the Kosovo status process for kosovo....
which the EULEX had originally supported.
The mission includes around 3,200 police and judicial personnel (1,950 international, 1,250 local), and began a four month deployment process on 16 February 2008. The mission intends to remain in Kosovo until at least June 2012.
Composition and deployment
A 1,800 to 1,900 strong mission was approved by The European CouncilEuropean Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
on 14 December 2007. This was later increased to 2,000 personnel due to an increase in expected instability due to a lack of an agreement with Serbia. It consists of police officers (including four anti-riot units), prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s - hence focusing on issues on the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
, including democratic standards. The size of the mission means Kosovo is home to the largest number of EU civil servants
European Civil Service
The European Civil Service is the civil service serving the institutions of the European Union, of which the largest employer is the European Commission, the executive branch of the European Union...
outside of Brussels
Brussels and the European Union
Brussels is considered to be the de facto capital of the European Union, having a long history of hosting the institutions of the European Union within its European Quarter...
. Chief of the mission is French General Xavier Bout de Marnhac
Xavier Bout de Marnhac
Lieutenant General Xavier Bout de Marnhac is a French military commander and former head of the Kosovo Force .-Source:* -External links:* from French Government website...
, who replaced Yves de Kermabon on 15 October 2010. He is accountable to the European Union member states.
The final decision on the mission was planned to be taken on 28 January 2008. This was postponed due to concerns over possible negative effects on the second round of the presidential election
Serbian presidential election, 2008
A pre-term presidential election was held in Serbia on January 20 and February 3, 2008. Incumbent President Boris Tadić was reelected as President of Serbia in the second round with 51.61 percent of the votes cast, defeating challenger Tomislav Nikolić....
in Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
on 3 February 2008 and the possible signing of the Stabilization and Association Agreement with Serbia on that date. The officially voiced reason for the postponement is the lack of a legal basis (through a UNSC resolution or something similar) for the mission. A Joint Action was approved on 4 February 2008 and the final decision was made on 16 February 2008.
Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
does not take part in EULEX mission, since legal questions over how it replaces the UN administration have not been answered. In June 2008, Spanish Foreign Minister Miguel Ángel Moratinos
Miguel Ángel Moratinos
Miguel Ángel Moratinos Cuyaubé is a Spanish diplomat and politician, a member of the Socialist Workers' Party and member of Congress where he represents Córdoba....
told a meeting of European Union Foreign Ministers in Slovenia that Spain will not send its contingent to the EULEX mission until there has been a formal transfer of powers from the United Nations.
Apart from EU members, third parties Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
also take part.
Political situation
The EU has been divided on whether to recognize an independent Kosovo (for individual member states' stances on recognising Kosovo, see map to the right) without international and SerbiaSerbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
n approval. The agreement was seen as ensuring the unity of the EU on the question, however the Presidency
Presidency of the Council of the European Union
The Presidency of the Council of the European Union is the responsibility for the functioning of the Council of the European Union that rotates between the member states of the European Union every six months. The presidency is not a single president but rather the task is undertaken by a national...
announced it would not amount to recognition of an independent Kosovo.
The EU has stated its mission will be legally based on United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244, adopted on June 10, 1999, after recalling resolutions 1160 , 1199 , 1203 and 1239 , authorised an international civil and military presence in Kosovo ) and established the United Nations Interim Administration Mission in Kosovo .Resolution...
, which introduced the international rule of Kosovo in 1999. However, the EU force, which was previously planned to be convered by Security council's approval of Ahtisaari proposal, has not received a new U.N. Security Council mandate due to the opposition from Russia. Russia specifically blocked transfer of U.N. facility to the EU mission. Serbia also views the mission as an EU recognition of an independent Kosovo.
In November 2008, the EU accepted the demand of Serbia not to implement the plan of Ahtisaari through EULEX and to be neutral regarding the status of Kosovo. On the other hand EULEX will be accepted by Serbia and the UN Security Council.
Protests
On 25 August 2009, the EULEX mission was subject to violent protests, resulting in the damaging of 28 EU vehicles Three Kosovo police officers were injured in the clashes which resulted in 21 arrests by the Kosovo police. The attack was organised by a group called Vetëvendosja ("Self-Determination") in reaction to EULEX's police cooperation with Serbia and its actions in Kosovo. There is resentment towards the EU mission for exercising its powers over Kosovo while mediating between the state and Serbia. Policies concentrating on crisis management, rather than resolution, as well as the pursuit of ethnic autonomy and its overly broad mandate over Kosovo's governance is at the stem of the discontent with the EU mission.Troops sent to Kosovo
: Germany is sending around 600 troops as peace keepers.: Italy is sending around 600 troops as peace keepers.: On 25 April 2008, the UK announced that it will to send a battle-group based on 2 RiflesThe Rifles
The Rifles is the largest regiment of the British Army. Formed in 2007, it consists of five regular and two territorial battalions, plus a number of companies in other TA battalions, Each battalion of the Rifles was formerly an individual battalion of one of the two large regiments of the Light...
, a light infantry battalion of about 600 soldiers, to help maintain public order.
See also
- Overseas interventions of the European Union
- Kosovo status process
- European Union Planning Team (EUPT)
External links
- Official website.
- Council Joint Action 2008/124/CFSP.
- Viewpoint: The EU's toughest operation, BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
. - Kosovo 2009: Uncertain Future - spotlight europe 2009/01
- EULEX Kosovo breaks new ground for ESDP, European Union Institute for Security StudiesEuropean Union Institute for Security StudiesThe European Union Institute for Security Studies is a Paris-based EU agency of the Common Foreign and Security Policy . Its goals are to find a common security culture for the EU, to help develop and project the CFSP, and to enrich Europe’s strategic debate.The EUISS is an autonomous agency with...
, Newsletter, January 2009 - Kosovo: one year on, Opinion by Jelena Obradović, February 2009, European Union Institute for Security StudiesEuropean Union Institute for Security StudiesThe European Union Institute for Security Studies is a Paris-based EU agency of the Common Foreign and Security Policy . Its goals are to find a common security culture for the EU, to help develop and project the CFSP, and to enrich Europe’s strategic debate.The EUISS is an autonomous agency with...