THE ROLE OF EULEX ON THE RULE OF LAW FUNCTIONALISATION IN KOSOVO

Abstract

For a considerable time there was and still appears to persist the international perception that Kosovo (previously provisional) authorities are not capable to take on their hands the responsibility of the rule of law. Even after eight years of UNMIK mandate the situation on the ground proved not to have changed to anextent that the rule of mandate be trusted to local authorities, especially expected after the declaration of the independence in 2008. Based on that and the UN Special Envoy Marti Ahtisaari's proposal for the supervised independence solution to the Kosovo issue, the EU Council agreed on a joint action to mandate a CSDP rule oflaw mission in Kosovo, named EULEX, pertaining to undertake the responsibility for the rule of law functionalisation in Kosovo. There was a hope, in particular atthe beginning of the EULEX deployment, that it will give the meaning to the stateness of Kosovo through making justice and the rule of law system work and functional. The paper argues that EULEX mission in Kosovo is necessary, but unlikely to fulfil its mission. Taking into account the three levels of rule of law process such as the laws, the institutions and politics, the rule of law international missions approach, as it is the role of EULEX in Kosovo, principally operate at the second level. While at the heart of the not functioning rule of law system in Kosovo still remains politics. Therefore, the measures and mechanisms the EULEX is using are not suitable to address the rule of law functionalisation in an environment where politics is a master rather than a servant of justice.