Pandemia dims prospects for visa liberalisation, France, the Netherlands most controversial states

Several European states, among them France and the Netherlands, feel that the time is not yet for visa liberalisation for Kosovo citizens.

In the Council of the European Union, most member states agree with the European Commission's assessment that Kosovo has met all criteria.

But, according to diplomatic sources France and the Netherlands, when it comes to visa liberalisation for Kosovo, are called at the lack of sufficient evidence for the fight against organised crime and high-level corruption.

They think the Commission in the report for Kosovo has made a highly formal assessment of “ ”, but these states, as diplomatic sources have said, want more evidence “including through final verdicts of courts” for the condemnation of senior officials involved in the vicinity of corruption, as well as evidence of the seizure of illegal property.

In France's case, some sources in Brussels say there is also fear of increasing the number of asylum seekers from Kosovo, in the event of visa removal.

Kosovo Institute for European Policy Director (EPIK) Demush Shasha expresses extremely sceptical that during 2021 there will be positive movement in terms of visa liberalisation. This, according to him, affects the political environment created behind the body of coronary.

Some EU member states continue to think that Kosovo has not met the criteria for visa liberalisation, respectively, in fighting high-level corruption and organised crime. Since setting this criterion five years ago, Kosovo still has zero successful cases in fighting high-level corruption”, he said.

Shasha said that even during the recent European Parliament's Resolution for Kosovo vote on February 23rd, it has been noted that there were objections and that Eurodeputs from the ranks of the French president's party, Emmanuel Macron, “opposed any language that would assess that Kosovo has met the criteria and that any language it called for the EU Council for visa liberalisation for Kosovo”.

Jehona Lushaku, professor at the Department of Political Sciences at Pristina University, says the visa liberalisation process for Kosovo has remained in the decision of the EU Council of Ministers, where states have decision-making power.

She adds that many EU member states are sceptical that Kosovo should have visa liberalisation and that scepticism is based on criteria with order and law and fighting corruption.

“These states could change their opinion if Kosovo continued to send precise messages and statistics on what the fight against corruption is like, what is the process of reforming and de-fact of the justice system. Likely, Kosovo is failing to convince these states with evidence that these two criteria have been fully met”, Lucak points out.

Lushaku says that even though the European Parliament has made the recommendation for visa liberalisation, this EU institution itself has objections regarding whether Kosovo should liberalise visas.

The European Parliament has its scepticism regarding the independence of justice, transparency and accountability of the justice system. We know that the demand is to have as many investigations as possible, to make decisions as many as possible. Corruption will be the institutional priority of rule institutions and law institutions, without policy being involved, but where policy people would also be subject to investigations and decisions”, Lusak said.

The report on Kosovo, adopted on Tuesday, February 23rd, to the European Parliament's Foreign Policy Commission, has warned that the main court cases have gone too slowly and often sentences, if they came, have been mild.

But most EU member states agree that Kosovo should gain liberalisation because the phenomenon of corruption and organised crime is present in other countries that already have liberalisation. Also, with the non-liberalisation of visas, it is estimated that more citizens are being punished than those who are truly responsible for the situation created.

Authorities in Kosovo last year have been criticised by the EU for closing the Special Anti-Corruption Department, which was part of the police, and aimed at preventing, investigating and uncovering criminal acts against the economy, finance and corruption, but also investigating and fighting high-level corruption in Kosovo.

This department was founded with the Government of Kosovo's decision, in co-operation with the EU mission in Kosovo for rule of law, EULEX.

The European Commission's latest progress report has cited that Kosovo is “in the early phase” in the field of combating organised crime and corruption, adding that “has no political will to effectively address issues dealing with corruption, as well as a strong response to high-level corruption”.

The 2020 Corruption Perception Index of the international organisation Transparency International has said that Kosovo is ranked 104th with 36 points, marking deterioration in the fight for corruption, since it has dropped for three positions below the previous year.