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The Bumpy Road of EULEX as an Exporter of Rule of Law in Kosovo

Author

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  • Gentjan Skara

Abstract

This paper analyses EULEX mission in Kosovo (hereafter EULEX) as an exporter of rule of law. From the deployment of the mission, two mainstream discourses have coined the effectiveness of EULEX establishing the rule of law in Kosovo. From the Brussels point of view, EULEX has marked a lot of progress in promoting the rule of law in Kosovo. On the other hand, based on international indexes and other secondary sources, EULEX has been harshly criticised to deliver its promises in strengthening the rule of law institutions, fighting organised crime, war crimes and reducing corruption. Beyond these discourses, the paper tries to explore whether, how and to what extent, EULEX has promoted rule of law in Kosovo. The paper argues that EULEX has failed to promote rule of law in Kosovo due to 1) the costs of adaptation or compliance as function of the misfit between EULEX institutional approach on rule of law and domestic conditions and 2) incapacity of Kosovo rule of law institutions to interact with EULEX in strengthening the rule of law as a result of political interference on judiciary and police sector.

Suggested Citation

  • Gentjan Skara, 2017. "The Bumpy Road of EULEX as an Exporter of Rule of Law in Kosovo," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 16, pages 69-87, July.
    • Handle: RePEc:etc:journl:y:2017:i:16:p:69-87
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    References listed on IDEAS

    as
    1. Sedelmeier, Ulrich, . "Europeanisation in new member and candidate states," Living Reviews in European Governance (LREG), Institute for European integration research (EIF).
    2. Murat Jashari & Behar Selimi, 2016. "Kosovo - An Atypical Parliamentary Republic," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 14, pages 107-117, July.
    3. Albana G�rxhi, 2017. "Post Conflict Peacebuilding in Kosovo. Milestones, Actors and People," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 15, pages 122-135, January.
    4. Spiro Pa�o, 2016. "Sovereignity, statehood and self-determination in international law - The Kosovo case," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 13, pages 184-204, January.
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