Challenges for Kosovo in the EU-accession
'What are the challenges for Kosovo in the EU-accession process?
Responds Wolfgang Koeth-Political Advisor from the office of EU Commission in Prishtina
Kosovo cannot be judged the same way other neighboring countries in the region, which are potential candidates for the accession. Kosovo is not a sovereign state. The final legislative and executive power lies still in hands of UNMIK, UN administration. So, whenever we assess Kosovo institutions for, let’s say, the rule of law, we have to take into account that finally, final responsibility for this sector is not with Kosovo authorities but with the United Nations. However, this should not serve us as the excuse for Kosovo authorities. Sometimes we have the statement from local authorities that” you know but we don’t have legal competencies „. But that is not true, because Kosovo authorities do have a lot of competencies, but there is still a number of deficiencies. The area which gives us the most headaches is the rule of law. Because rule of law is not a separate sector as we have, let’s say economy, education. No, rule of law is underline, is across all these sectors. Because if we don’t have the well-functioning justice system, we won’t have any foreign investments in here. As long as the foreign investor cannot be sure that when he comes to Kosovo and when he invests his money, when he has got a legal issue, he can go to the court and exercise his rights. So rule of law is the issue which gives us the most headaches. That is mainly part to the weak capacity institutions. It can be also explained by the fact that Kosovo has no experience as the functioning state. Kosovo was a part of former Yugoslavia, then under the Milosevic regime, let’s say all Kosovo Albanians working in that sector were pushed out from their jobs, that means all judges and prosecutors and lawyer which are working here now have been under Yugoslav system and then have been without jobs for the next ten years, then started to work in a new system. All of them have received training during and after Milosevic period. The training which is inappropriate to the European standards.
Comments
The legacy of the Yugoslav system is not the only impediment for the development of an accountable law system in Kosovo. The PISG (Kosovo's provisional government) has been in charge of the Ministry for Justice now since 2005, and it is its responsibility (under the supervision of UNMIK Pillar I) to develop its policy in the field of justice, public prosecution, access to justice for minorities, the management of budgetary and financial resources of the ministry. The justice system is rigged by colossal level of corruption which contributes to supra-slow development; to the existing parallel systems/structures in Northern Mitrovica set by Serbia and operating only for the serbian population (even though not approved by the 1244 UN resolution), undermining a common state buidling intiative; by the continuous disjointed and truncated international policy towards Kosovo's justice system. It is not quite clear what and how the competencies are shared between UNMIK and the PISG. I think it is time now to move on from the Titoist/Yugoslav legacy in Kosovo and start talking about the UNMIK legacy in Kosovo!
Great stuff! I am also writing for cafebabel.com and have been for two years now. In februari me and a Bulgarian journalist friend will visit Kosovo for a week. If we could meet you, or if you have any tips on where we should go, what we should see and who we should speak to, that would be very welcome!
All the best from Brussels,
Pim
my contact info, which I did put in the previous post but somehow does not show, is mip_dek@hotmail.com
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