EULEX Mission in Kosovo: Not a Successive Joint Action of the EU?

Assignment for the course: EU Foreign Policy: The Policies, Tools and Roadmaps of EU Foreign Affairs

Presented by: Todor Tzanev, Euromaster Module Module Convenor: Professor Dr. Amelia Hadfield

Brussels, 2011

Kosovo declared its independence on 17 February 2008 and at the moment is a country without real sovereignty. The new found statehood is recognized by only 75 of the 192 UN members, mostly Latin American and Islamic countries. Even five of the EU MS- Cyprus, Greece, Romania, Slovakia and Spain refuse to recognize Kosovo. In the words of the respected newspaper editor and Kosovan intellectual Veton Surroi, it is an unfinished state , in which the government is able to exercise its authority only over parts of the country and in which five protectorate masters UNMIK, EULEX, ICO, KFOR and OSCE , operate. At the same time the country made an important diplomatic breakthrough in May 2009, when achieved membership of the IMF and the World Bank. (Dzihic & Kramer, 2009) According to the international plans, after the declaration of independence UNMIK 1 was to be succeeded by an international mission undertaken by the EU, as detailed in the Ahtisaari plan2. Due to the unrest in the region, EU took the decision to send a civilian deployment to aid the police, customs and justice in Kosovo. The European Union Rule of Law Mission in Kosovo (EULEX), launched on 9 December 2008 is the largest civilian mission under the Common Security and Defense Policy (CSDP). At the moment around 2,600 people are active under the framework of the mission, including 1,650 international police officer and judges and around 900 local. The central aim is to assist and support the Kosovo authorities in the rule of law, specifically in the police, judiciary and customs areas. It is a technical mission which will monitor, mentor and advise whilst retaining a number of limited executive powers. It will further develop and strengthen an independent and multi - ethnic justice system and a multi ethnic police and customs service, ensuring that these institutions are free from political interference and adhering to internationally recognized standards and European best practices. Its mandate is fixed till 14 June 2012 with staff target around 3,200 people to be achieved. EULEX works under the general framework of United Nations Security Council Resolution 1244 and has a unified chain of command to Brussels. The legal basis for the mission was created in a Joint Action resolution of the European Council of 4 February 2008.3 Three years after EULEX was launched, some experts claim that the situation in the country has not changed much and the mission has only modest achievements. In the Programme Report 2010, Yves de Kermabon - Head of Mission EULEX Kosovo, states that some
In June 1999, following a 78 day-long NATO campaign, the United Nations was tasked to govern Kosovo through its Interim Administration Mission in Kosovo (UNMIK); For more info : http://www.unmikonline.org/index.html
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The former Finnish president Martti Ahtisaari was entrusted with the task of working out a compromise with Serbian and Kosovar representatives. In March 2007 Ahtisaari presented a plan which contains fundamental guarantees for the Serbian minority in Kosovo and envisages condi-tional independence for Kosovo under international supervision.
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EULEX Kosovo, Official Web Site: http://www.eulex-kosovo.eu/

positive, gradual, realistic and sustainable progress has been achieved. However, we all must be aware that the problems that are being tackled are substantial and there are no quick fixes. (EULEX Programme Report, 2010) The EP deputy from Italy, Pinot Arlaki commended the work of the EU Mission in the rule of law and order in Kosovo as a "complete failure". According to him, EU countries spend on EULEX more than 300 million Euros, but speaking with a report on its work in the European Parliament, representati es of the mission was v unable to provide any significant result. "They have no strategy, no idea how to work with. They did not take into account the European experience of combating organized crime "- said Arlaki, specializing in the past in the fight against the Italian Mafia. Another aspect of the situation in Kosovo is that Serbia continues to refuse to cooperate with the European EULEX rule of law mission.Belgrade recognizes only the United Nations mission in Kosovo (UNMIK), which operates on the basis of UNSCR 1244. (Deimel & Schmidt, 2009) In this briefing paper I will try to define and summaries the problems that the rule of law mission is facing in Kosovo and to make some recommendation for solving them. I will present some of the difficulties that EULEX is having in each of its branches: customs, police and justice. Collecting the taxes for the goods imported in Kosovo is a crucial problem, as well as the traffic of people and narcotics through the statehood borders. Tackling this issue is from major importance, because much of Kosovos GDP is generated through customs and tariffs. As Mr. Larssen, deputy head of the EULEX customs component said; If all goods entering the country were accounted for, households would gain much and so would the state , hrough taxes, which could for e.g. help fund police andjustice4. However, after the launching of EULEX, a many obstacles for the proper functioning of the customs still exist. One of them is that customs points 1 and 31 are not functional, despite the fact that they are under the control of international officials. In this regard EULEX is still limited in operation and is not collecting customs taxes in points 1 and 31, because of the unresolved political settlement between Pristina and Belgrade and because the heads of the mission dont know where the collected money should go.(IPOL, 2010) The problem with the customs points in the North is example for lack of commitment and for employed personnel who are not able to perform their jobs and to find a technical solution of this issue. According to Dzihic and Kramer, one large problem EULEX face is the organised crime, which is so large, that it generates money equalling a quarter of the countrys GDP. As a
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YouTube ESDP,2009: http://www.youtube.com/EUSecurityandDefence#p/u/42/hqjwW_z8uPY

report on the EULEX situation states, a huge problem which is preventing Kosovo from developing properly and which goes hand in hand with organised crime is the widely spread corruption. Many politicians and even many foreigners from the UN and EU have been accused and in some cases convicted of corruption, which has led to the international forces losing any entitlement to be regarded as role models (Dzihic & Kramer, 2009). An example for the lost respect in EULEX is the protest of the local people after the arrest of Kosovar rebels for war crimes. The protesters marched carrying signs saying "Free the Freedom Fighters" and "EULEX Go Away". 5

There is an urgent need for adoption of the law in the courts in Kosovo, as well as their restructuring. The study performed by Dzihic and Kramer at the German Friedrich Ebert Stiftung describes this as the most failed part of the whole mission. An important obstacle for the EULEX efficiency in that area is the small number of judges and prosecutors in the mission, compared to the number of police officers.This stuff in the justice area consist of internationals on short-term contracts, who are coming into a country with whose culture and language they have only a little acquaintance based on superficial courses. This linguistic and cultural differences make it hard for them to assist their Kosovo counterparts, where also a difference is seen in the wages - a normal Kosovo judge living on about 200$ per month, compared to the much higher wages the EU judges. These low wages also open a door to corruption. According to, the Council of Europe investigator, Mr. Marty investigations in Kosovo held by EULEX suffer from internal problems that will prevent witnesses giving real evidences: All translators are local, there is many local staff. That is why even the most confidential information has been systematically leaking," he said.6 The foreign judges also face three different court systems, Albanian, Kosovo and Serb for which they have little or no knowledge. The judges have problems adapting to local law and abuses of power have occurred, as well as many disastrous cases of corruption, which has cost them their support amongst the people. (Dzihic & Kramer, 2009) A good example here is the case with the governor of Kosovos Central Bank, accused in corruption, who was arrested for four months and released. This happened because part of the evidence was indefensible: EU prosecutors used and EU judges accepted anonymous letter as the sole evidences supporting some of the most serious charges. When the pre-trial judge asked for better evidence, the following was accepted outside the courtroom without shown to the defense. 7 These rulings display a
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EUOBSERVER, 2011: http://euobserver.com/?aid=32093 EUOBSERVER, 2011: http://euobserver.com/891/31798 7 Guardian, 2011 : http://www.guardian.co.uk/commentisfree/2011/apr/09/eulex-kosovo-eu-mission

shocking level of negligence and incompetence, and highlight serious failures in the management and selection of EULEX's staff. The confusion among the international staff can be seen also in their reaction after the presidential election on 22 February when they rushed to welcome the new president Pacolli, despite noisy concerns about violation of parliamentary procedure. Several days after that the constitutional court ruled that the election was unconstitutional.8

Another problem in the judiciary area is the closed courts in the North, which are still not fully functional. EULEX proposed that the District Court in northern Mitrovica begins its work with 6 judges, out of which, two Albanians, two Serbs and two international. The proposal for resumption of work in courts in the north, has faced challenges because Kosovo officials have indicated opposition to the inclusion of Serb judges that were nominated by Belgrade. Now the district court only works with international judges and prosecutors. There is no coordination between the EULEX, other international organization and Kosovo Government regarding the strategy for the situation in the North part of the statehood. In addition, EULEX has not made any public pressure on the government of Kosovo to speed up reforms in the judiciary. (IPOL, 2010)

EULEX in Kosovo is a mission with good intentions, mainly to help strengthen the law enforcement authorities and prevent the unrest in Kosovo. However, they are facing many serious challenges and the results reached are not satisfactory. There is an urgent need for some high political decisions which can contribute to a transformation of EU actions in Kosovo. First, the whole policy of EU toward Kosovo should be changed. The continuing refusal of five member states to recognize the newly established statehood is stopping the Stabilization and Association Process which is one of the main instruments of the EU to stabilize the countries in the West Balkan region. Signing a SA Agreement would give the possibility of making more effective progress in the direction EU membership. The visits of HR Ashton, the Foreign Minister of France and the EU Commissioner for Enlargement in Kosovo are some positive signs in that direction.

EurActive, 2011: http://www.euractiv.com/en/enlargement/thousands-protest-eus-kosovo-mission-news503628

Second, changing the strategy of EULEX is needed. A suggestion for such actions is hiring more trained stuff from the other Balkan states on long-term contracts, especially in the judiciary area. They can adapt more easily to the cultural and linguistic environment of kosovarians. Also, a part from the millions of euros involved every year could be spend on better pay for kosovarian judges, which can decrease the cases of corruption among them. Here, too, there must be a resolute investigation of corruption among the internationals, with demonstrable results and consequences in order to restore the credibility necessary for the acceptance of international organisations by the Kosovan population. A funding for the reform of education and health care is also needed. It is important how EU will deal with the increasing rates of unemployment and poverty in Kosovo. Furthermore, Baroness Ashton should use the right to initiative in order to move the process forward to finding technical solutions to problems without having to wait for political solutions that might not come quickly. Strategies between EULEX and ministries dealing with the rule of law should be more harmonized.

Third, more pressure should be exercised against Serbian position toward Kosovo, since Serbia has aspirations for membership. The government in Belgrade should be pressed to cooperate with EULEX and to establish a direct dialogue with the Kosovo authorities. The fast measures are needed on the issues of functioning of customs points 1 and 31, as well as the court in Northern Mitrovica.

The purpose of the deployment of this mission in Kosovo was the rule of law, fighting corruption and organized crime. However, despite the enthusiasm shown at the beginning and great expectations, there has been too little progress in this regard. Kosovo has been, and continues to be, portrayed as a country with a high level of corruption in international reports constantly. The difficult context partly explains this failure, but the main causes are internal incompetence, weak management and possibly even disloyalty to the mission's mandate. The last events with the arrest are example for positive steps in that direction, but we should wait for the court decisions in order to make some final evaluations. (IPOL.2010) Still, Eulex which costs about 100m a year and fields almost one policeman, judge or prosecutor for every 1,000 residents of this small territory could strengthen the rule of law in Kosovo and the stability of the Balkans, and be a powerful symbol of the EU as a peaceful, rule-based force.

References:
Deimel, Johanna & Schmidt, Armando (2009): Kosovo 2009: Uncertain Future; Berelsmann Stiftung. Dzihic, Vedran & Kramer, Helmut (2009): Kosovo after Independence, Friedrich Ebert Stiftung. EULEX Programme Report (2010): Building Sustainable Change Together, EULEX Programme Office. EULEX Kosovo, Official Web Site: http://www.eulex-kosovo.eu/. EUOBSERVER, (2011): EU police in Kosovo: We are not interested in popularity: http://euobserver.com/?aid=32093 EUOBSERVER, (2011): EU and US accused of cover-up on organ trafficking: http://euobserver.com/891/31798 EurActive, (2011): Thousands protest against EULex Kosovo mission:

http://www.euractiv.com/en/enlargement/thousands-protest-eus-kosovo-mission-news503628 Guardian, (2011): EULEX Kosovo: a shining symbol of incompetence:

http://www.guardian.co.uk/commentisfree/2011/apr/09/eulex-kosovo-eu-mission IPOL- Balkan Policy Institute (2010): EULEX: Still in Search of an Identity; IPOL. UNMIK, Official Web Site: http://www.unmikonline.org/index.html

YouTube,ESDP(2009):http://www.youtube.com/EUSecurityandDefence#p/u/42/hqjwW_z8 uPY