internship report and reflexive essay

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Maastricht University Faculty of Arts and Social Sciences Internship Report (April-June) 2013 - Intern: Internship placement: Bardh L. Xërxa Embassy of the Republic of Kosovo ID 6057816 to the Kingdom of Belgium July-08-2013 Avenue Roger Vandendriessche 38 EPA 4990 1150 Brussels, Belgium Pigeon hole: 366 [email protected] [email protected]

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Maastricht University

Faculty of Arts and Social Sciences

Internship Report

(April-June) 2013

-

Intern: Internship placement:

Bardh L. Xërxa Embassy of the Republic of Kosovo

ID 6057816 to the Kingdom of Belgium

July-08-2013 Avenue Roger Vandendriessche 38

EPA 4990 1150 Brussels, Belgium

Pigeon hole: 366 [email protected]

[email protected]

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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Table of Content

Internship Report (word count, excluding reflexive essay: 4227) ……….........................2

I. General information .........................................................................................................3

II. The internship in practice .................................................................................................5

a. Objectives of the internship ...............................................................................................5

b. Type of work ......................................................................................................................6

c. Skills gained………………………………………………………………….………….10

III. Evaluation and reflection................................................................................................11

IV. Recommendation.…………………...…………………………………………………12

Reflective essay (word count: 5222) ...................................................................................14

List of abbreviation………………………………………….………………………..……15

I. Introduction .....................................................................................................................16

a) A Historical overview of the Kosovo conflict….........................................................16

II. CSDP overview...…………….…....................................................................................17

III.EULEX mission in Kosovo.............................................................................................20

IV. Conclusion ....................................................................................................................25

References ………….……….…………………………………………………………….27

PREFACE

This document contains the report of my internship period conducted at Kosovo’s Embassy

in Brussels for the time period: Monday 8 April – Friday 28 June 2013. The essential

requirement for the completion of MA European Public Affairs (EPA) program at

Maastricht University is to follow twelve weeks internship training with an institution of

national/international repute and to write a report on it. During my internship at Kosovo’s

Embassy I had contact with the EULEX official documents and reports then I decided that

my topic for the reflective essay will be about EULEX mission in Kosovo. Another reason

is that this topic is closely related to the content covered during the EPA - EU governance

module (Common foreign security policy - CFSP). During this module we also had a

simulation on EULEX mission in Kosovo.

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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I. General Information:

This internship report is divided into four main sections. The first section gives a general

introduction of the internship institution I was hosting at during my internship period. The

second section provides an overview of the internship in practice and the duties and tasks

that I was assigned to do, and the third section is devoted to an evaluation and reflection of

the knowledge and experiences that I gained during the course of the internship highlighting

the linkages with the EPA programme and finally the fourth section giving

recommendations to future interns.

Overview of the Internship Institution

My internship at Kosovo’s Embassy in Brussels took place between April and June 2013,

which is also the official internship period in the academic year 2012-2013 under the Master

Program European Public Affairs at Maastricht University.

Following Kosovo’s independence in February 2008, diplomatic relations between the

Republic of Kosovo and the Kingdom of Belgium were established in October 2008.

Kosovo’s Embassy in Brussels is accredited to the Kingdom of Belgium, the Grand Duchy

of Luxembourg and the Republic of Estonia. In addition, the Embassy deals also with

European Union institutions and NATO. The Embassy’s mission is to represent interests of

Kosovo and its citizens’ vis-à-vis the authorities of Belgium, Luxembourg, Estonia, the EU

and NATO. Moreover, the embassy seeks to take care of Kosovo’s foreign policy and

economic interests, promote Kosovo’s tourism, be involved in export and foreign

investments in Kosovo; provide assistance to distressed Kosovan citizens living abroad;

disseminate information on Kosovo and Kosovan culture; as well as represent the rights and

interests of the Kosovan citizens.

Kosovo’s embassy in Brussels is the permanent diplomatic service of Kosovo authority

present in a Kingdom of Belgium which is directly subordinate to the Ministry of Foreign

Affairs (MFA), aimed to maintain official inter-state relations, implementing Kosovo’s

foreign policy priorities. In October 2008, the embassy started its work with the deployment

of its first two diplomats: Charge d’affaires Mr. Ilir Dugolli and First Secretary Mr. Skender

Durmishi.

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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The Embassy operated with two diplomats during the first two years of its existence. From

January 2010 the Embassy expanded with more diplomats and the establishment of a

Consular service within the Embassy.

The current premises of Kosovo’s Embassy in Brussels1 are located in Avenue Roger

Vandendriessche 38. The building houses, the political section embassy offices and the

Consulate sector.

Following completion of internal procedures in Kosovo, in 2008 the head of Mission

(Mr. Ilir Dugolli) was granted the rank of Ambassador Extraordinary and Plenipotentiary.

Activities of the Embassy are organized around several pillars:

Chief of Mission manages the Embassy and cover all main fields.

Consular Section handles consular matters.

A Minister counselor covers activities in relation to NATO.

First Secretary Ms. Lendita Haxhitasimi covers relations with the Council, European

Parliament, bilateral relations with Belgium and Estonia.

First Secretary Mr. Labinot Hoxha covers relations with EU Commission (who was my

supervisor and I was placed in his sector). Bearing in mind that Kosovo’s embassy is still

young nearly five years, there is no different departments like other embassies.

As stated earlier in the same building resides the Consulate of the Republic of Kosovo, with

its diplomatic personnel:

1. Mr. Ramadan Gashi: Consul

2. Ms. Leonita Harxhi: Vice-Consul

1 http://www.ambasada-ks.net/be/

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II. Internship in practice

This report is prepared on the basis of my three-month practical experience at Kosovo’s

embassy in Brussels. The main purpose of the internship was to gain exposure into the

European public affairs sphere first-hand. The following section will give you a description

of the internship objectives and the type of working I conducted.

a) Objectives of the internship

The internship program and the study have the following purposes:

To get detailed knowledge on the job responsibility.

To experience the real job environment.

To compare the real scenario with the lessons learned from EPA master program.

To fulfill the requirement of EPA master Program.

My interest in Political Science and European Public Affairs as a study field goes back to

my high school when I was keen on studying Philosophy, History and Geography.

Although when I went to university I picked Environmental science studies as my major, my

growing interest in European Affairs was reawaken after my seminars on European Citizens

Initiative in Palermo, participating in European Day seminar in Kosovo, moreover by

winning Kosovo’s Young Cell Scheme Scholarship and selecting master program in

European Public Affairs at Maastricht University.

The search for the right institute for this internship experience involved a long process of

writing letter of motivation, cover letter, updating the CV and sending the applications. I

was looking for an institute that was dedicated to my area of interest (foreign policy).

Hence, getting an internship at Kosovo’s embassy in Brussels was a great fit.

The internship at Kosovo’s Embassy corresponds both to my career interests as well as the

content covered during the EPA programme namely (EU institutions, and EU governance).

It is important to mention, that Kosovo’s Embassy in Belgium is a rather small Diplomatic

Mission. Due to the following reasons I had a chance to work with wide range of tasks and

therefore was able to get fully acquainted with the functioning of the diplomatic service.

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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Indeed, the internship was a worthwhile experience which helped me gain considerable

professional knowledge about the way Kosovan diplomacy is exercised by carrying out

different tasks and witnessing the way daily work is done at the embassy.

During my internship at the embassy my supervisor was the First Secretary of the embassy

Mr. Labinot Hoxha who deals with issues related to the European Commission.

At the beginning of the internship I formulated several learning goals, which I wanted to

achieve:

to understand the functioning and working conditions in an embassy

to gain experience in working abroad and enhance my communication skills

to apply my skills and knowledge gained from EPA study programme

to see what skills and knowledge I still need to improve in future professional

environment.

b) Type of Work:

I started my internship on Monday 8th

April at the Embassy of Kosovo in Brussels, which is

located in Avenue Roger Vandendriessche 38. Work at the Embassy started at 9.00 AM and

finished at 17.00 PM. Embassy was closed on Kosovo’s and Belgium’s national holidays

and weekends. On my first day at Kosovo’s Embassy, I was greeted by the ambassador Mr.

Ilir Dugolli and First Secretary Labinot Hoxha who introduced me to all the other embassy

personnel. In the first week I learned a lot by reading various reports published by the

Kosovan government about where Kosovo stands in its path to EU and what has to achieve

additionally reading various internet websites mainly European commission related to

Kosovo and Western Balkan that Mr. Hoxha had suggested.

I think that many associate an embassy’s work with getting a visa before traveling, however

during my time there, I realized that an Embassy, its meaning and scope go beyond this.

My first task was to write about Kosovo’s bilateral relations with Benelux states and EU

institutions and report back to my supervisor. During my internship at the embassy there

were many visits from Kosovo government officials to the embassy because at that time

Kosovo-Serbia talks were being held in Brussels. I had the honor to assist this delegation

and accompany them to some of the meetings they had at the European Commission.

These meetings gave me an insight into Kosovo and EU politics and what Kosovo needs to

improve on its path to EU but also problems and difficulties it is facing in future.

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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During my internship, I undertook a wide range of tasks and activities as follows: daily

media research (current Kosovo issues, dialogue with Serbia, the recognition area,

investments and SAP). Other daily tasks were to collect and monitor EU news and

information on political developments and important decisions concerning Republic of

Kosovo. Moreover, answering e-mails and maintaining the office database were also part of

my responsibilities. Furthermore, I attended the weekly office meetings, which gave a nice

overview of the specific activities of the embassy staff. Additional tasks included

conduction, translation and evaluation of official Kosovo government reports, statements,

parliament protocols, TV and press related to Kosovo’s foreign policy priorities and key

targets concerning areas of importance namely energy, environment, telecommunication

economics. Review of stabilization association process for Kosovo and neighboring

countries (Albania, Montenegro Macedonia, and Serbia). This involved receiving ideas and

feedback from the achievement of a positive normalization of relations between Belgrade

and Prishtina.

As already stated above my daily work covered areas from:

Review of literature about: European Commission Kosovo progress reports and

working paper2, viewing EU Parliament sessions, EU enlargement and Kosovo,

SAP, ENP as well as monitoring EU developments and news about Kosovo.

Kosovo-Serbia talks media coverage and writing a document on key issues

Meeting with participants from Kosovo coming to report at European Commission

Participation in the official meetings, visits, receptions, cultural events.

Apart from the tasks I performed related to the accumulation of relevant information, a

number of duties required a certain degree of responsibility. Written reports were sent to my

supervisor Mr. Labinot Hoxha in a monthly basis. Furthermore, I assisted in the

organization and coordination of Embassy events that included registration of Kosovo

citizens living in the Benelux countries. I also participated in a two- day meeting organized

by Directorate General Taxation and Customs Union on Pan Euro Mediterranean Regional

Convention.

The aim of the event was to discuss the Convention and to see which countries have signed

and ratified what are the problems for example (some Mediterranean countries haven’t sign

the agreement, Kosovo still hasn’t got the invitation to sign it etc).

2 European Commission, Brussels, 12.10.2011, Sec (2011) 1207, Commission Staff Working Paper Kosovo, 2011 Progress Report, accessed on June 06, 2013, http://eeas.europa.eu/delegations/kosovo/documents/eu_kosovo/20111018_progress_report_en.pdf. It concerns the legislation and policies with the acquits, in Line with the Stabilisation and Association Process and European Partnership priorities.

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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My main duties were taking notes and follow the meeting, and submitting a meeting report

on the following day summing up the main points and evaluating the importance of this

event. In practice, what this means is exploring opportunities for partnership with EU

institutions, and ensuring a good flow of information and discussion in the spirit of

partnership with the EU institutions, and other Kosovo key partners.

Besides my work at the embassy section, I also worked at the consulate department. My

daily tasks there were as below: involved assisting the consulate department in on their

daily work, data entry, conducting translation (directive on environmental liability with

regard to the prevention and remedying of environmental damage (ELD)-2004/35/EC and

energy for renewable sources 2009/28/EC and assisting in the issuing of official

documents (identification documents, passports), performing general office duties such as

drafting routine correspondence for officer’s signature, filing, photocopying and answering

phones. Besides these day-to-day activities, I also made good use of the chance to attend

events, panel discussions, presentations, and hearings – predominantly dealing with issues

of Kosovo and EU institutions regarding Kosovo’s Progress Report in certain fields.

These opportunities also led me to identify areas of common interest between the EU

institutions and Republic of Kosovo. During the internship I attended a European Stability

Initiative-ESI event3: Lost in limbo? EU enlargementt and the southern Balkans – Albania,

Kosovo, Macedonia. In this event I represented Kosovo’s Embassy. The event featured

presentation: on the eve of Albanian parliamentary elections in June 2013, following a

historic deal between Serbia and Kosovo, and ten years since the EU summit in Thessaloniki

in 2003 the European future of the Southern Balkans remains deeply uncertain. Assignment

required not only good ability to accumulate relevant information, but was also of high

responsibility document editing, research, in addition to delivering letters, photocopying-

scanning and data-entry. Another assignment I was entrusted with was also to write a

document on the EU-27 member states foreign and interior minister autobiography for

internal use. I wrote a document about Kosovo – Estonia chronological bilateral relation

from the first established contact between two states.

Then later on during the internship, I was assigned to write a similar document this time for

the bilateral relation of Republic of Kosovo and the Grand Duchess of Luxembourg.

The internship at the Embassy provided me with an opportunity to be involved in

governmental foreign affairs and to develop an understanding of the Kosovo–Belgium,

Luxembourg, Estonia, EU and NATO bilateral relationship.

3 http://www.esiweb.org/pdf/index.php?lang=fr&id=154&news_ID=532

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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Since I was assigned to dealing with the EU commission section, most of my work was

connected with European Commissions documents and events concerning Kosovo.

Albanian Embassy in Brussels is one of the embassies that I have been in contact with

during my internship period. I have thus obtained a good understanding of their strategies

for promoting Albania and Albanian values in their host countries, and for making Albania

more visible to the world.

Now that I have experienced the everyday work at the Embassy, I came to realize that

people here work hard and put their kindly efforts to cultivate friendly relations between

Kosovo-Belgium, Luxembourg, Estonia and EU institutions.

After spending three months in Kosovo’s Embassy in Belgium, I have a wish that my future

work would be as meaningful as this with a warm yet highly professional environment.

In my opinion, the practical work experience reinforced my knowledge gained from EPA

module Integrated research skills (especially academic writing, speechwriting, speed-

reading, how to conduct in the meeting etc).

The internship overall was a very positive learning experience for me and helped me to

reinforced my career choice, I had an ample opportunities to develop my skills and learn

new ones, making it a valuable experience for further work in international affairs and

diplomatic missions abroad. Over three months, I came to know the area quite well, and the

people there. In relation to the pre-set learning goals at the start of my internship, I managed

to identify which of my skills require further development. First, I believe that although I am

good at propagating ideas and formulating policy considerations, my work would have

benefited from more in-depth analysis. This is a research skill that I should develop further.

Second, I need to develop my awareness of the economic and political influencers and

consequences of a particular policy, especially in the context of making policy

recommendations. The internship at Kosovo’s Embassy in Brussels allowed me to learn

about functioning of diplomatic mission, diplomatic protocol, inter-action of diplomatic

missions, and this was certainly a valuable experience.

Relationships between countries are built on many different levels - culture, politics,

economy – everything contributes, and such dynamical field of work was very much

appealing to me.

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c) Skills and knowledge gained during internship

My academic study of European public affairs was useful to the extent that it gave me

background knowledge to some of the concepts of decision-making expounded on how the

decision are made in the EU institutions, what is stabilization association process,

Instrument for pre-accession and which are all the steps needed for a country to become an

EU member state. The internship provided me with ample opportunity to learn new skills

and develop existing ones mostly during the first module which provided with a solid basis

for grasping more complex European affairs knowledge at a later stage. The module that

was particularly useful for my internship was the module on EU Governance, and module

on Implementation-Evaluation of EU Policy. Additionally, integrated research skills track

module was useful in speechwriting and report writing. During the course of my internship, I

learned valuable information and gained a professional experience that is relevant and

directly related to my master program European Public Affairs. I gained pragmatic and

professional experience as well as engaged with EU institutions personnel. I also gained an

introduction to the broad range of Kosovo’s diplomatic mission’s activities (especially in

relation to NATO, Luxembourg and Estonia). Other important outcomes of the internship

were: improved knowledge of how a diplomatic service works, understanding of the

diplomatic protocol; experience in liaising and communicating with governmental officials

from different states and exposure to multilateral negotiations and international decision-

making. During internship I had to translate EU directives this helped improve my

translation skills (English - Albanian-Serbian). An important part of this internship was

learning about different career paths and evaluating my interests. Throughout my time at the

embassy, I was exposed to many kinds of career paths and a variety of people with whom I

discussed them. The insight I was able to acquire through conversation with employees at

the Embassy was useful in that I not only learned what their job entailed, I was told how

they personally felt about their job, how working overseas affects their families, and the

pros and cons associated with a life of moving every two to four years. As a result of this

internship, my technical skills have grown as I have worked in groups, have learned new

means of research and how to be a more effective researcher, learned about management in

a government organization, experienced a career in a different country, got a basic grasp of

the French language as well as improved my English linguistic skills, and increased my

understanding of Kosovo’s foreign politics.

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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As a result of this internship, my technical skills have grown as I have worked in groups

have learned new means of research and how to be a more effective researcher (lesson

learned from EPA module integrated research skills), learned about management in a

government organization, experienced a career in a different country, got a basic grasp of

the French language as well as improved my English linguistic skills, and increased my

understanding of Kosovo’s foreign politics. Another important skill I developed was the

ability to think strategically about the progress of my work. Overall, this internship enabled

me to better see my strengths and weaknesses, evaluate my interests, develop practical

skills, and make contacts with people who can provide opportunities for future career

possibilities

III. Evaluation and reflection

My internship at the Kosovo Embassy was definitely of great value to me. The main

challenge as an intern was to translate the theoretical concepts into real life experience.

I was able in practice to apply skills and knowledge acquired at the European Public Affairs

master like report writing speechwriting and speed-reading the skills I learned from the

module integrated research skills while addressing specific inquiries and engaging in

projects regarding Kosovo’s foreign policy targets. I also enhanced my knowledge of inter-

state relations and foreign affairs. Doing research on declaration of different countries about

the Kosovo - Serbia dialogue I was able to determine and follow Kosovo’s position towards

certain political issues and strategies regarding important political questions on security,

energy, environment, regional and European policies.. At the embassy, I was given the

opportunity to participate in many events, meeting that were held during that time, I met

people from the sphere of political and social life of both Brussels and Kosovar diaspora

living in Brussels. The acquaintances that I made during the internship taught me, each one

of them, something different and special I also learnt much about the implementation of

Kosovo foreign policy targets, strategies and urgent issues. However, what I found to be

most important was the fact that I put in practice what I learned at European Public Affairs

master program at Maastricht University (lessons learned from modules EU governance and

Implementation and Policy Evaluation).For almost three months I dealt actively with

diplomatic staff and I had a chance not only closely see their work but also learned directly

from them by assisting them on the daily work.

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During the internship I improved a wide range of skills from writing press releases and

preparing reports to arranging meetings or even expressing it in front of other colleagues.

And yet the most interesting part of this internship was the insights one gets as to how a

diplomatic office really works. By acting as an intern at the embassy I realized that

diplomacy actually is a multilevel phenomenon not only to be exercised in big conference

rooms where high officials meet behind closed doors; on the contrary diplomacy is and

should be part of the citizens everyday live. Hence a successful diplomat is the one who

constantly attempts to find new tools in order to reach more people. For a diplomat,

environmental or local issues have to be considered as important as national and security

ones. As an intern at the Kosovo’s Embassy in Brussels, I gained valuable experiences on a

personal, cultural, academic and professional level. Professionally speaking, working for the

embassy I particularly improved my skills related to policy analysis, being aware of the

protocol rules, writing concise diplomatic reports, verbal and invitation notes and enhanced

communication with colleagues. The academic in me benefitted as well, from practical

research and writing skills as well as improved greatly knowledge of Kosovo’s foreign and

domestic policy issues. On a personal level, I was able to practice effectively integrating in

diverse professional groups. As a result of the Kosovo Embassy internship, I have gained

extensive experience in researching and analyzing foreign policy, economic and Kosovo’s

international issues. As an intern, I participated in a number of different tasks that range

from reviewing the daily news and briefing the embassies political staff, research and

drafting reports on topics about Kosovo’s environmental issues, arranging meetings with

state officials for the political staff (and even participating in some of those meetings), as

well as representing the embassy at meetings and seminars.

The internship at the Embassy made me realize how much there is to a career in foreign

policy, how it is possible to advance a country’s interests and cooperate internationally at

the same time, and how hard is to Kosovan diplomats who work to advance the countries

mission in the world.

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IV. Recommendation:

My strongest recommendation to the future intern at the Kosovo’s Embassy in Brussels

would be to have a very good knowledge and acquired education in political science,

European affairs and how EU institutions work (decision making). Ta have an ability to

produce good quality reports, also to possess the ability to understand, analyze and deal

with inquiries and issues regarding main foreign policy targets and being able to express

himself/herself freely and accurately both orally and in writing. Working at the embassy

means stepping into one of the most competitive and dynamic job markets: diplomatic

service. An internship at the embassy will be a good fit with those who study European

affairs and international relations, as it is an opportunity to enrich educational experience

through practical work assignments carried out in the embassy. I would also recommend

showing initiative at work, giving new proposals and ideas which are always appreciated by

co-workers. I would highly recommend an internship at the Kosovo’s Embassy in Brussels

because the opportunity for personal, professional and academic growth is tremendous.

I want to express my deepest gratitude to Ambassador Mr. Ilir Dugolli. I would also like to

thank my supervisor at the embassy the first secretary Mr. Labinot Hoxha on giving me a lot

of initiatives and a good professional guidance during the internship.

A special appreciation must be given to the staff at the Embassy, for the support and

enthusiasm shown to me but most of all for making the internship, both socially and

academically, an unforgettable experience.

Overall, I am very satisfied with the experience and knowledge gained during the course of

internship at Kosovo’s Embassy in Brussels-Belgium; I saw things in action and learned a

lot. All in all, the internship in the diplomatic service was very challenging at times, but

mostly, it was tremendously educating, moreover it opened new horizons also new

perspectives for my future. I can clearly say that the internship met my expectations.

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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Reflective Essay

EULEX in Kosovo - Largest CSDP

mission

Bardh L. Xërxa

ID 6057816

Pigeon hole 366

Date: 08-07-2013

Words 4,152

Module: EPA 4990

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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LIST OF ABBREVIATIONS

CSFP Common Foreign and Security Polity

CSDP Common Security and Defense Policy

CPCC Civilian Planning and Conduct Capability

ESDP European Security and Defense Policy

ECSC European Coal and Steel Community

ENP European Neighborhood Policy

EEAS European External Action Service

EPAP European Partnership Action Plan

EULEX EU Rule of Law Mission

EU European Union

EUSR EU Special Representative

EUPM European Union Police Mission

EUPOL Europe police

EUPT Europe Planning Team

ICR International Civilian Representative

IPA Instrument for Pre-Accession Assistance

NATO North Atlantic Treaty Organization

PSC Political and Security Committee

SAP Stabilization and Association Process

UNDP United Nations Development Programme

UNMIK United Nations Interim Administration Mission in Kosovo

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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I. Introduction

I have chosen the EULEX mission in Kosovo as a topic for this reflective essay because

Kosovo is my home country and I feel it is personally beneficial and important for me to

learn more about the largest CSDP mission of the European Union. Another reason for the

choice of this topic is that during my master’s programme on European Public Affairs we

had lectures on CFSP and EULEX.

I have divided the essay into four chapters, each of them dealing with a particular important

segment of the EULEX’s mission in Kosovo‘s development as a state and the role that the

international community, especially the EU (post-independence), has played in this process.

Chapter one provides an introduction and brief historical overview of Kosovo.

The subsequent chapter pays attention the role that the European Union has played in the

Western Balkans region through the engagement of its Common Security and Defense

Policy with highlights of its involvement in Kosovo. Chapter three provides general

information about the EULEX mission and the last chapter finishes with concluding

remarks. To guide this reflective essay I have formulated the following research question:

“Is EULEX mission in Kosovo fulfilling its mandate objectives?”

a) A Historical Overview of the Kosovo Conflict4

The conflict in Kosovo dates from 1912-1913, after Albania declared its independence on

28 November 1912 and Kosovo remained outside the Albanian borders. At that time

Kosovo was subject to the control of Serbia and Montenegro, endorsed by the Conference of

ambassadors in London, Kosovo remaining outside Albania which was decided through

“great forces”, under the Russian influence5. Within the former Yugoslavia, Kosovo was an

autonomous province in the Republic of Serbia, one of the six republics originally making

up the country. It had an ethnic Albanian majority but with a Serb minority. Following a

constitutional reform in 1974, Kosovo was granted increased autonomy, allowing it to have

its own administration, assembly, and judiciary. During the 1980s ethnic tensions mounted

and in 1989 Kosovo’s autonomy was revoked by the nationalistic Serbian government. The

1990s witnessed the disintegration of Yugoslavia and in Kosovo increasing repression by

the Serbian government resulted in the outbreak of guerrilla war led by the Kosovo

Liberation Army and a total breakdown in the rule of law.

4 Noel Malcom “Kosovo: A Short History”, 1998, New York University Press, 5 Noel Malcom “ Kosova një histori e shkurtër”; (pg 87, Albanian language)

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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Between 1997 and June 1999 an estimated 10 000 Kosovo Albanians were killed. In

response to the rapidly deteriorating situation the North Atlantic Treaty Organization

(NATO) bombed Serbia and drove Serbian armed forces out of Kosovo. That same

year in June 1999, an agreement was signed and Serbia withdrew its troops from Kosovo

thereby ending the war6.

In June 1999, the United Nations (UN) Security Council adopted Resolution 1244/99 which

set up a United Nations Interim Administration Mission in Kosovo (UNMIK) in place of the

Government of Serbia. It mandated UNMIK to carry out all aspects of civil administration,

establish democratic institutions and create the basis for eventually resolving Kosovo’s

status7. On February 17, 2008, after eight years of UN administration, the Parliament of

Kosovo declared independence, and invited other states to recognize this act. To date more

than 100 UN member states recognized Kosovo’s independence8, but five EU Member

States have not recognized Kosovo’s independence9 which has led the EU to adopt what is

termed a ‘status neutral’ position.

II. EU and CSDP – Common Security and Defense Policy: overview

Fig1. CSDP-Operations Worldwide 2003-200910

6 http://www.nato.int/kosovo/history.htm 7 UN Resolution S/RES/1244 (1999) see in the UN official website http://www.un.org/french/docs/sc/1999/99s1244.htm 8 Complete list of countries recognizing Kosovo can be found at www.kosovothanksyou.com 9 Cyprus, Greece, Romania, Slovakia and Spain 10 N. Pirozzi and S. Sandawi, (2009). Military and Civilian ESDP Missions: Ever Growing and Effective?, IAI p.g. 8

Internship Report /Reflective Essay/ Bardh Xërxa 2013

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The EU has increasingly evolved in crisis response policies and implementation since its

first operation in the Balkans in 199111

and has considerably reinforced its set of crisis

management tools.

It was not until the Treaty on the European Union (the Maastricht Treaty) of 1992, which

came in to force in late 1993, that Western countries had the full legal basis upon which to

jointly create or effectively implement foreign policies (Hancock & Peters, 2003). The

Maastricht Treaty established the Common Foreign and Security Policy (CFSP) as one of its

three overarching pillars; the other two pillars consisted of the European Communities and

Justice and Home Affairs (Archer, 2008). CFSP in 1993 and then the development of ESDP

since the Helsinki Treaty in 1999, make evident the ambitions of EU members to create a

cohesive foreign policy in the international stage despite their sometimes conflicting

interests and priorities (Ginsberg, 2007). The main goal of the CFSP and ESDP is to guard

the security of the European Union and promote security and cooperation outside its

borders. The establishment of the ESDP also shows that EU moved away from relying

solely on soft power as the CFSP previously provided; through the ESDP, the use of

military power, or hard power was made possible to effectively implement foreign policy

(Archer, 2008). With the ratification of the Lisbon Treaty a new political position was

created (the High Representative of the European Union for Foreign Affairs and Security

Policy) whose purpose is to coordinate the EU´s foreign and security policy. The European

Union is, therefore, interested in solving different conflicts outside its borders in order to

protect itself and develop cooperation with countries that are outside the EU.12

The EU’s striking failure in 1998 to play a constructive role in Kosovo gave birth to the

European Security and Defense Policy (ESDP; now Common Security and Defense

Policy)13

. During this conflict, EU member states realized that Europe did not have the

military capabilities to conduct operations. Considering this fact, Europe was dependent on

the US military forces. The end of the Cold War indicated that changes took place in the

system of defense and security. The signing of Declaration of St. Malo14

serves as significant

evidence for this kind of change.

11 Giji Gya, ‘ESDP and EU mission update’, European Security Review no. 36, 2007, http://www.isiseurope.org/pdf/2007_artrel_77_esr36esdpmission-update.pdf 12 Piris, Jean-Claude (2010) The Lisbon Treaty: a legal and political p: 245 13 Koeth, W. (2010), State Building without a State: The EU’s Dilemma in Defining its Relations with Kosovo, Kluwer Law International BV.(p.g.228)

14 Franco-British St. Malo Declaration (1998), http://www.cvce.eu/viewer/-/content/f3cd16fb-fc37-4d52-936fc8e9bc80f24f/en.

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19

In order to achieve a European option for crisis management, the EU needs to speak with

one voice in the international community, in the realm of Common Foreign and Security

Policy (CFSP). Taking these challenges into consideration, the European Union, in 1999,

established the European Security and Defense Policy (ESDP) to conduct autonomous crisis

management missions.15

In recent years the Balkan region has become a key priority for the European Union (EU) as

the future of the Western Balkan countries lies firmly in their European outlook.16

The Kosovo case is considered a milestone in history of the ESDP that introduced a change

in the EU’s approach towards the Western Balkans.

Much has been achieved in the field of the European Security and Defense Policy (ESDP)

since its inception in 1999. The first actual ESDP operation was the EU Police Mission in

Bosnia and Herzegovina (EUPM), launched on 1 January 2003 to take over from a similar

UN operation (Archer, 2008). The EU deployed several missions in different parts of the

world, starting in the Balkans – Former Yugoslavia Republic of Macedonia (FYROM),

Bosnia and Herzegovina and Kosovo and spread to the missions in Chad, Darfur, and the

Congo.

In addition to the launching of EULEX by the EU institutions, the Kosovo government, in

its coordinated declaration of independence (article 5), invited the international presence in

Kosovo as follows: ‘we invite and welcome an international civilian presence . . . , and a

European Union-led rule of law mission’ (Kosovo Assembly, 2008a).

On February 16th 2008, one day before the Kosovo’s declaration of independence, the EU

decided to launch its largest civilian crisis management mission (EULEX Kosovo) with the

aim of assisting Kosovo authorities in consolidating the rule of law area, and in contributing

to a safe and secure environment for all inhabitants, regardless of their ethnic origins.

The ESDP mission in Kosovo will have too mentor, monitor and advice Kosovo authorities

in the area of Law generally.17

15 With the entry into force of the Lisbon Treaty in late 2009, the term ESDP is replaced by CSDP. 16 In this regard see also the General Affairs and External Relations Council Conclusion on Kosovo of February 18, 2008. 17 Comprehensive Proposal for the Kosovo Status Settlement (note 16), Annex IX, Art.2.3

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III. EULEX mission in Kosovo

A mission can be defined as the goal of an individual or a certain group that intends to

complete a particular task, with a clear objective to successfully implement its policies. It is

with this idea in mind that the European Union set up its largest mission so far to implement

its Common, Security and Defense Policy in Kosovo.

The European Union (EU) has deployed since 2008 its largest Common Security and

Defense Policy (CSDP) mission in the form of the European Union Rule of Law Mission

(‘EULEX’). EULEX has approximately 2 500 staff18

working on capacity building and

carrying out some executive functions. In essence, the EU started initial EULEX

operational capability on 9 December 2008.

The European Commission’s service primarily responsible for dealing with Kosovo is the

Directorate General for Enlargement. It is responsible for the management of the IPA which

is the main source of funding for assistance projects in Kosovo. EULEX is managed by the

Civilian Operations commander, who is the Director of the Civilian Planning and Conduct

Capability (CPCC), which is based in Brussels and forms part of the EEAS. He is under the

political control and strategic direction of the Political and Security Committee of the

Council (PSC).19

Fig2. EULEX organizational chart20

18

http://www.consilium.europa.eu/uedocs/cms_data/docs/missionPress/files/091214%20FACTSHEET%20EULEX%20Koso

vo%20-%20version%209_EN.pdf 19 EU Assistance to Kosovo Related to the Rule of Law-Report no 18-ECA (2012). Available at:

http://eca.europa.eu/portal/pls/portal/docs/1/17766744.PDF

20 http://www.eulex-kosovo.eu/docs/info/Organigramme.pdf

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21

The initial mandate was for two years but the mission is foreseen to be terminated when the

Kosovo authorities have gained enough experience to guarantee that all members of society

benefit from the rule of law.21

The EULEX mission is to support the Republic of Kosovo on

its path to more European integration in the rule of law area. EULEX's skills and expertise

are being used to support Kosovo’s key EU goals in the visa liberalization process, the

Feasibility Study and the Pristina-Belgrade Dialogue. This EULEX Mission monitors the

daily management of the country’s independence proposed by the mediator Martti

Atihsari22

, mainly scrutinizing the observance of minority rights and the rule of law.

Additionally, EULEX mission was foreseen in the Comprehensive Proposal for the Kosovo

Status Settlement (CPS) suggested by UN negotiator Martti Ahtisaari at the end of the

stalemat status negotiations between Pristina and Belgrade in 2007.23

EULEX's mandate and the deployment of around 1,400 members began without incident on

9 December, which is comprised by representatives of the EU member-states, along with the

US, Norway, Switzerland, Turkey and Croatia. According to the mission’s statement in Art.

2 of the Joint Action, EULEX Kosovo ‘shall assist the Kosovo institutions, judicial

authorities and law enforcement agencies in their progress towards sustainability and

accountability and in further developing and strengthening an independent multi-ethnic

justice system and 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.24

In order to achieve these goals, EULEX has identified two

additional principles. The first of these is the working technique of Monitoring, Mentoring

and Advising (MMA)25

Kosovo institutions in the field of the rule of law. The second

principle is that Kosovo institutions are to be in the drivers’ seat.

The CSDP mission while being a ‘unified mission across Kosovo’ – is structured around

three components, namely a justice component, a customs component and a police

component, with the latter two being further sub–divided.26

21 Common Foreign and Police European Union Police.. Available at: http://www.consilium.europa.eu/showpage.aspx?id=1458&lang=EN 22 Architect of Ahtisaari Plan, formally the Comprehensive Proposal for the Kosovo Status Settlement (CSP), is a status settlement proposal covering a wide range of issues related to the Kosovo status process for Kosovo. 23 The Secretary General, Comprehensive Proposal for the Kosovo Status Settlement, UN Doc. S/2007/168 annex 24 Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX Kosovo, OJ 2008 L 42, Article 2

25 See EULEX Programme Strategy, available at <http://www.eulex-kosovo.eu> 26 Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX Kosovo, OJ 2008 L 42, Article 6

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The police component is the largest one and amounts to 77% of the staff. Another 12% are

judges, prosecutors and other court personnel, whereas, 1% are customs officers.

Based on Kosovo security barometer 2012 public satisfaction with the work of the mission

in Kosovo stands at 22 percent27

.

a) The Justice Component

The Justice Component comprises about 420 people. Of this, around 70 people work in the

prison system and there are more than 50 judges and around 30 prosecutors.28

The justice sector in EULEX mandate and statements was stressed as a priority.29

EULEX

promise of catching “big fish” (high profile politicians) that are involved in corruption in

Kosovo but still today no indictment only house arrest and then release through no evidence,

no witness. It is worth mentioning that the most "spectacular" case of “big fish “30

was the

raid on the offices of the Ministry of Transport and Communications and Minister Fatmir

Limaj’s apartment, something that for a time strained relations between the Kosovo

government and EULEX 31

. Kosovo at present lacks the capacity to protect key witnesses in

high profile cases. Therefore, the EULEX Witness Protection Unit provides protection and

relocation of witness under the EULEX executive mandate. While challenges remain to find

countries willing to accept relocated witnesses, it should be emphasized that several

witnesses involved in high profile trials have been successfully relocated abroad.32

Another problem came out of the transfer of cases from the previous United Nations mission

UNMIK to the European rule of law mission EULEX, which took additional time because

of different laws that operated in ground. Nonetheless, it is important to note that the

legislative framework and justice systems in Kosovo are incredibly complex involving

Yugoslav laws, UNMIK regulations, pre and post Ahtisaari regulations from the national

assembly plus international courts, local official courts and Serbian courts.

Adding to that very low number of judges and prosecutors in Kosovo. 33

27 KCSS, “Kosovo Security Barometer”, 10 December 2012 28 EULEX Kosovo Justice Component, Available at: http://www.eulex-kosovo.eu/en/justice/ 29 Council of the European Union, 2008/124/CFSP ; EULEX Press Release, ‘EULEX Justice Component – ‘A successful beginning’, (6 September 2009). 30 http://academia.edu/2776102/The_role_of_EULEX_in_strengthening_rule_of_law_in_Kosovo 31 EULEX fighting corruption in Kosovo, 10 February 2011. Available at: http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/blogreview/2010/05/21/blog-02 32 http://eca.europa.eu/portal/pls/portal/docs/1/19168748.PDF#page=17 33 Kosovo has 14 judges per 100 000 citizens, whereas the ratio for other countries is: Montenegro 51, Croatia 41, Hungary 27 EULEX Kosovo Justice Component, Available at: http://www.eulex-kosovo.eu/en/justice/ 33 Council of the European Union, 2008/124/CFSP ; EULEX Press Release, ‘EULEX Justice Component – ‘A successful beginning’, (6 September 2009). 33 EULEX. The ratio for prosecutors is even lower: 3,7 for Kosovo, compared to 13,4 in Montenegro, 7,3 in Bosnia

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23

b) The Customs Component

EULEX is the first ESDP mission bearing a customs component by which it takes actions in

its advisory capacity at customs points located in the territory of Kosovo.

The aim is to train Kosovo customs officers and to collect data on commercial traffic in an

effort to tackle smuggling. The custom dimension should not be viewed as insignificant as

almost 2/3 of Kosovo revenues come from the collection of custom duties. EULEX is not

directly implied in the collection of customs revenue, it simply copies and stamps

documents of vehicle transporting goods. Currently the customs component consists of 75

international and 27 local staff. A great success is that Kosovo’s customs legislation is

largely in line with the EU Customs Code. Although the customs section still remain a

weak point that needs improvement. Kosovo still has a large contraband that is multiethnic,

but in fact it seems that most of it happens in the north of Kosovo and this problem should be

solved as soon as possible. EULEX customs sector had its first failure in being unable to

install operational customs to collect taxes in the northern part of Kosovo. But this is

expected to change through the latest agreement between Kosovo and Serbia.

c) The Police Component

Police Component is the largest component and is considered as the most successful in its

work, as it is composed of around 1.400 International police officers, positioned all over

Kosovo. The personnel is structured in three departments: Strengthening Department,

Executive Police Department and Special Police Department.

The Police Component is a part of the overall EULEX support to the Kosovo authorities in

the rule of law area. EULEX assists the Kosovo Police in working towards a multi-ethnic

police that is free from political interference and serves the people of Kosovo34

.

In this component EULEX retains some of executive powers, mainly to investigate and

prosecute serious crimes, including war crimes, organized crime and corruption

At the beginning the EULEX mission had difficulties in settling down in the territory

of Kosovo, and in the North, where there is a majority of Serbs who did not accept the

mission. The police executive component holds investigation of sensitive crimes, such as

war crimes, organized crime, corruption and financial crime.

34 EULEX Kosovo Police Component, Available at: http://www.eulex-kosovo.eu/en/police/

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24

A positive result of the police component is that EULEX closely monitored the reintegration

into Kosovo Police of 318 suspended Kosovo Serb police officers and discussed with

Kosovo authorities the re-employment of approximately 60 Kosovo Serb correctional

officers (EULEX, 2009b).

V. CONCLUSION

The main objective of EULEX is to move Kosovo towards European integration with full

respect for the rule of law, peaceful cooperation with its neighbours and contributing to the

regional and European stability. The EULEX report of 2012 records the important progress

that has been made in these main areas: the implementation of a crime database (to identify

and register instances of ethnically-motivated crimes), the reform of the Directorate of

Intelligence and Analysis and an enhanced budget administration.35

Regarding the EULEX‘s goals in Kosovo to establish the rule of law, to fight corruption and

organized crime, more achievements were expected from them. Although the mission

promised to fight corruption, it has not kept its word since, corruption is growing36

in

Kosovo and this is having a major impact on institutions.

The citizens of Kosovo have faith and great aspirations as to the work of EULEX, but at the

same time this work leads to frustration which manifested itself in the reactions of various

civil society organizations.

Furthermore, little light has been shed on the extent to which these shortcomings are the real

causes of EULEX’s inability to meet expectations and fulfill its own mandate. Various

Members of the European Parliament (MEPs) have also expressed their concerns about

EULEX’s inability to meet their expectations.37

Among many others, the Secretary General of North Atlantic Treaty Organization (NATO),

Anders F. Rasmussen, has voiced his criticisms that the mission is under-resourced and that

it is hindering NATO’s work in Kosovo as well.38

35 EULEX report 2012, available at: http://www.eulex-kosovo.eu/en/pressreleases/0312.php 36 In the Corruption Perception Index 2012 published annually by the Transparency International, Kosovo

received a very poor result ranked 105 in the world. Available at: http://www.transparency.org/news/pressrelease/20121205_corruption_is_still_hindering_the_prospect_of_kosovo 37 Doris Pack of (European People's Party), Eduard Kukan of (European People's Party), Ulrike Lunacek of (The Greens) 38 “NATO chief criticizes EU mission in Kosovo,” EuroTribune, 24 April 2012, http://www.eurotribune.eu/index.default.php/?p=26828 accessed 7 June 2013

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Perhaps the EULEX expectations have been set up too high to start with and were they

compatible with the mission’s mandate? Or is it the political direction from Brussels that

derails the mission from its general purpose and mission statement and could it be that this

division comes from the Member States who did not recognize Kosovo’s status may have an

impact on this? A combination of all this might provide an answer.

There is criticism to EULEX success in achieving all the mandated objectives, but on the

whole the EULEX mission in Kosovo has had some triumphs. Initially the EU mission was

regarded by the citizens of Kosovo in two ways. Many citizens welcomed the setting up of

the EULEX Mission in Kosovo, but at the same time EULEX was greeted with scepticism

and was not popular, especially among the Serb minority.

Nonetheless, EULEX in cooperation with the local institutions has managed to create and

consolidate several municipalities with a Serb majority. Serbian citizens in these places have

accepted the reality of the situation in their country. On the other hand in northern Kosovo

parallel structures controlled by the Serbian government still exist but now after the

agreement in Brussels39

they shall dissolve and will work under Kosovo’s government.

Additionally, for several years the north of the country has been affected by smuggling and

neither EULEX, nor the country's institutions have succeeded in bringing under control this

part of Kosovo but all this will now change for positive after the agreement was reached

between Serb Prime Minister Ivica Dačić and Kosovar Prime Minister Hashim Thaçi on

April 19, 2013, in Brussels.40

The integration of the EULEX judges into the Kosovo judicial

system is however not complete, one of the biggest problems for EULEX judges and

prosecutors in their work is that they must rely on Kosovo’s multi-layered legal code, which

includes the UNMIK , Yugoslav or Kosovo code. This is the reason why legal processes in

Kosovo are highly complicated and time consuming. Although the mandate of the Mission

was established to strengthen the rule of law in Kosovo, progress in developing the legal

sector is very poor. Kosovo is still a region struggling with corruption.41

Furthermore

EULEX mission has been operating, in the youngest Balkan State, now nearly five years

with the results not so good in the north of River Ibër/Ibar at the town of Mitrovica42

.

39 http://eeas.europa.eu/top_stories/2013/190413__eu-facilitated_dialogue_en.htm 40 http://eeas.europa.eu/top_stories/2013/190413__eu-facilitated_dialogue_en.htm 41 In the Corruption Perception Index 2012 published annually by the Transparency International, Kosovo received a very poor result ranked 105 in the world. Available at: http://www.transparency.org/news/pressrelease/20121205_corruption_is_still_hindering_the_prospect_of_kosovo 42 http://policyinstitute.eu/images/uploads/EULEX_REPORT_3_English.pdf

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26

Despite significant EU assistance, the progress in improving the rule of law is limited and

levels of organized crime and corruption remain high.43

Progress has been achieved in the area of labour and trade union rights. In 2010, a law on

labour was adopted44

, which improved the working conditions in the Republic of Kosovo.

Evident progress in the area of customs which adopted amendments to the administrative

instruction on disciplinary procedures to counter allegations of unprofessional conduct of

customs staff. Another success is that Kosovo’s customs legislation is largely in line with

the EU Customs Code. The real challenge remains for the EU in Kosovo itself thus in the

coordination between its Member States, something that no treaty is able to resolve. Already

the Maastricht Treaty stipulated that the ‘Member States shall work together to enhance and

develop their mutual political solidarity.45

To conclude, the European Union Rule of Law Mission in Kosovo has been facing many

problems in fulfilling its mandate, according to Kosovar Institute for Policy Research and

Development(KIPRED) report46

, the mission cannot just in itself be held accountable for its

failures. The report says that the local context in which the mission operates as well as the

political agenda which Brussels follows in Kosovo and the region make the mission unable

to fulfill the mandate it was assigned. KIPRED report also presents some data that gives

indications of the local judiciary staff’s inability or unwillingness to deal with high profile

organized crime and corruption cases. Just like the local judicial institutions, EULEX has

not been spared from outside political interference on behalf of stability. As mentioned

earlier the EULEX mission has had its success and is not only necessary for Kosovo, but

also for the EU. If the mission fails, it will have a significant impact on CSDP missions

elsewhere (Greiçevci 2011). Moreover, considering the fact that EULEX Kosovo is the

biggest mission of the ESDP, if this mission fails it will not send a positive signal for the

smaller ESDP missions deployed elsewhere in the world, maybe even demise the very

image of the EU as an international actor.

43 EU Assistance to Kosovo Related to the Rule of Law-Report no 18-ECA (2012). Available at: http://eca.europa.eu/portal/pls/portal/docs/1/17766744.PDF

44 http://www.kuvendikosoves.org/?cid=2,191,519 45 Treaty on the European Union, Art. 11.2. 46 A Comprehensive Analysis of EULEX: What Next? - KIPRED -http://www.kipred.org/advCms/documents/56243_A_Comprehensive_Analysis_of_EULEX.pdf

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http://www.eulex-kosovo.eu/docs/Accountability/2012/EULEX_Programme_Report_2012-

LowQuality.pdf

http://www.eulex-kosovo.eu/en/info/whatisEulex.php

http://www.eulex-kosovo.eu/en/features/0011.php

http://www.eulex-kosovo.eu/en/justice/

http://www.consilium.europa.eu/eeas/security-defence/eu-operations/eulex-kosovo

http://www.diploweb.com/From-ESDP-to-CSDP-Time-for-some.html

http://www.isis-europe.eu/sites/default/files/programmes-

downloads/Oct2011EUJUSTLEXKOSOVO.pdf

http://europa.eu/scadplus/glossary/petersberg_tasks_en.htm.

http://www.kipred.org/advCms/?id=5,144,0,254,e,207

http://www.eeas.europa.eu/index_en.htm

http://eeas.europa.eu/delegations/kosovo/eu_kosovo/political_relations/index_en.htm

http://www.europeanvoice.com/CWS/Index.aspx?PageID=208&articleID=75764

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