Mission EULEX remains only a good, badly implemented idea

The EU's largest and most expensive mission for rule of law in Kosovo, EULEX, changes the format and will only in the future address the justice system in the small Balkan state.

The rule of law is not created without money. This applies to Kosovo as well. Nearly 1.5 billion euros has invested the European Union in the rule of law mission in the newest European state. After ten years of work, EULEX will hand over the executive part of the job to Kosovars. The European Council made that decision last week.

But, EULEX will remain two more years in Kosovo to observe and give advice. Another 83.6m euros have been made available for this. E ULEX was established in 2008 to help establish democratic structures in Kosovo, separated by Serbia and populated mainly by Albanians.

EULEX began operating when the UN mission in Kosovo, (UNMIK) was reduced. Kosovo did not have instruments at the time to establish the rule of law. It was lacking competencies, capacities and independence. The entire public administration was politicised and corrupt.

Task Against Organised Crime and Corruption

Andrea Laurenzo Capusela has been in Kosovo when EULEX started working. He praises EULEX's idea: “to help Kosovo build capacity, train and observe, but primarily to take over the delicate segment of the judicial sector. Kosovo was tasked with establishing justice in the country”, says the former head of the International Control Office economic sector. In many sensitive areas, such as high-level corruption or war crimes, Kosovo had police, prosecutors and judges, who had the right to arrest and be tried, or to offer a defence attorney. In addition, it was tasked with doing the same in the civil sector and in economic issues for difficult cases both in property rights and privatisation.

From UNMIK, Kosovo inherited a mountain with a total of 1,200 cases. 100 more cases added EULEX itself. But EULEX did not only inherit cases, it also inherited the dissatisfaction of people who expected justice to be established one mission after another. 2,000 policemen, judges, prison guards and customs officers were sent to Kosovo. 1,000 Kosovars were in their aid.

On his experience in Kosovo, Lorenzo Capusela has written a book. For Deutsche Welle he explains why it was difficult to implement the idea. The first” was a difficult task, requiring a hard job from the European Union. Unfortunately, the EU foreign policy machine did not show its efficient side here. Second, there was no political will to carry out the task properly. And third, political stability was given far more weight than implementation of the rule of law. ”

With no political separation

EULEX has worked out 500 cases, part of which it has closed and part has been turned back for lack of evidence. 800 unresolved cases are now handed over to Kosovo authorities. Kosovo takes responsibility for investigations, prosecution and brought to justice. If there's going to be politicians among them, it's still going to be seen. Because one of the most mentioned points by critics has been that even if many indicators say the political elite is involved with corruption and organised crime, none of them have been convicted.

Capussela maintains that EULEX's management has been opportunistic, has not exerted enough pressure, but is hiding behind the role of adviser. For “failed” EULEX's, he is responsible for involvement in politics. He describes it this way: “If the head of the mission meets every day, or every week with the chief minister or ministers and EU ambassadors, then it is difficult for the mission prosecutors to go and arrest the minister next morning”