Zwischen Kooperation und Konfrontation. Die EULEX-Mission und der Aufbau von Rechtsstaatlichkeit in Kosovo
Between Cooperation and Confrontation. The EULEX Mission and Building Rule of Law in Kosovo

Summary/Abstract: Abstract. The author assesses the task of the EULEX mission in Kosovo, focusing on two central dilemmas that the mission faces. Part one analyzes the ways in which EULEX has been forced to move between several political fronts, a situation prompted by an international lack of consensus over Kosovo’s status. This disagreement considerably complicates the juridical basis for EULEX’s activities. Through an analysis of the attempt to introduce rule of law in Kosovo’s north, the author shows how EULEX’s engagement is at risk of becoming a victim to the political rivalry between Belgrade and Pristina. In the second part, the author analyses in detail the intricacies of EULEX’s mandate, which contains several contradictory elements. On the one hand, it purportedly aims to strengthen local ownership. Yet, at the same time, it also holds executive powers that permit a more interventionist stance. EULEX thus oscillates between a cooperative and a confrontational approach, which often leads to attempts at squaring the circle. The author concludes, nonetheless, that the mission needs both approaches, as it would be asking too much of the region’s still weak local institutions to tackle the huge problems of organized crime and corruption on their own.

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