Accession of Kosovo to the European Union

Accession of Kosovo to the European Union
Status	Potential Candidate
Application Membership application 15 December 2022 Screened & negotiations commence
Negotiations Chapters closed
Memberships & Treaties Association Agreement Economic and monetary policy Travel Energy Foreign and military policy Human rights and international courts International Court of Justice (ICJ)
Impact(27+1) Population 446,828,803 Area 4,233,262 km2 1,634,472 mi2 HDI 0.896 GDP (PPP) $25.399 trillion GDP per capita (PPP) $56,928 GDP $17.818 trillion GDP per capita $39,940 Gini 30.0 Official Languages 24

The accession of Kosovo to the European Union (EU) is on the current agenda for future enlargement of the EU. Kosovo is currently recognized by the EU as a potential candidate for accession. ^[1]

Contents

• Relations and recognition
• Kosovo's foreign relations with EU member states
• EU presence
• Stabilisation Tracking Mechanism
• Potential candidacy
• Stabilisation and Association Agreement
• 2013 Brussels Agreement
• State of Stabilisation and Association Agreement ratification
• Unilateral euro adoption
• Visa liberalisation
• Public opinion
• Chronology of relations with the EU
• Negotiations
• See also
• References
• External links

Kosovo's declaration of independence from Serbia was enacted on 17 February 2008 by a vote of members of the Assembly of Kosovo. ^{[2] [3]} Independence has not been recognised by Serbia, or five out of 27 EU member states, and as a result the European Union itself refers only to "Kosovo", with an asterisked footnote containing the text agreed to by the Belgrade–Pristina negotiations: "This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence." ^[4] This has not prevented Kosovo from continuing its EU enacted Stabilisation Tracking Mechanism (STM) programme, aiming to gradually integrate its national policies on legal, economic and social matters with the EU, so that at some point in the future Kosovo could qualify for EU membership.

To ensure stability at the territory and neutral rule of law enforcement, the EU is operating in Kosovo under the umbrella of the United Nations Interim Administration Mission in Kosovo (UNMIK), deploying police and civilian resources under the European Union Rule of Law Mission (EULEX).

The Stabilisation and Association Agreement (SAA) between the EU and Kosovo was signed on 26 February 2016 and went into force on 1 April 2016. ^[5]

On 6 February 2018, the European Commission published its expansion plan ^[6] to cover up to six Western Balkan countries: Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia. The plan envisages that all six applicants could achieve accession as members of the European Union after 2025.

Kosovo formally submitted an application for membership on 15 December 2022. ^{[7] [8] [9]}

Relations and recognition

As of May 2020 ^[update] , 22 of the 27 member states recognise the Republic of Kosovo as an independent state. The EU states that do not recognise Kosovo's independence are Spain, Slovakia, Cyprus, Romania, and Greece. As a result, the European Union itself refers only to "Kosovo", with an asterisked footnote containing the text agreed to by the Belgrade–Pristina negotiations: "This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence."

The European Parliament adopted a resolution on 8 July 2010 calling on all member states to recognise Kosovo. ^[10] In October 2010, an envoy of the European Parliament suggested that lack of recognition by some countries would not be an obstacle to Kosovo joining the Schengen area's visa-free regime. ^[11]

All EU member states would need to recognize Kosovo before it could join the EU. ^[12] Some European officials, including former German Foreign Minister Sigmar Gabriel, have said that they expect Serbia to recognize Kosovo before it joins the EU. ^{[13] [14]}

In April 2023, Cyprus, Hungary, Romania and Spain, voted against approving Kosovo's membership for the Council of Europe, ^[15] while Greece and Slovakia abstained. ^[16]

EU presence

The European Union Rule of Law Mission in Kosovo (EULEX) is based on United Nations Security Council Resolution 1244, which introduced the international rule of Kosovo in 1999. ^[17] However, the EU force, which was previously planned to be covered by Security council's approval of Ahtisaari proposal, has not received a new UN Security Council mandate due to the opposition from Russia. Russia specifically blocked transfer of UN facility to the EU mission. ^{[18] [19]} Serbia also views the mission as an EU recognition of an independent Kosovo. ^[20]

A 1,800 to 1,900 strong mission was approved by The European Council on 14 December 2007. This was later increased to 2,000 personnel due to an increase in expected instability due to a lack of an agreement with Serbia. ^[21] It consists of police officers (including four anti-riot units ^[22] ), prosecutors and judges – hence focusing on issues on the rule of law, including democratic standards. The size of the mission means Kosovo is home to the largest number of EU civil servants outside of Brussels. ^[23] Chief of the mission is French General Xavier Bout de Marnhac, who replaced Yves de Kermabon on 15 October 2010. He is accountable to the European Union member states.

The EU also appoints the International Civilian Representative for Kosovo (also the European Union Special Representative). The level of EU influence in Kosovo has led some to term it an EU protectorate. ^[24]

On 25 August 2009, the EULEX mission was subject to violent protests, resulting in the damaging of 28 EU vehicles. Three Kosovo police officers were injured in the clashes which resulted in 21 arrests by the Kosovo police. The attack was organised by a group called "Vetëvendosje!" ("Self-Determination") in reaction to EULEX's police cooperation with Serbia and its actions in Kosovo. ^[25] There is resentment towards the EU mission for exercising its powers over Kosovo while mediating between the state and Serbia. Policies concentrating on crisis management, rather than resolution, as well as the pursuit of ethnic autonomy and its overly broad mandate over Kosovo's governance is at the stem of the discontent with the EU mission. ^[26]

Stabilisation Tracking Mechanism

A Stabilisation Tracking Mechanism (STM), established for Kosovo on 6 November 2002, is an association process specially devised to promote policy dialogue between the EU and the Kosovan authorities on EU approximation matters, since it was not able to commence with the Stabilisation and Association Process due to its disputed status. In addition, in March 2007, a new structure of sectoral meetings under the umbrella of the STM was established in the areas of: good governance, economy, internal market, innovation and infrastructure. ^[27]

Potential candidacy

The EU is divided on their policy towards Kosovo, with 5 of 27 EU member states (Cyprus, Greece, Romania, Slovakia, Spain) not recognising its sovereignty. Kosovo is officially considered a potential candidate for membership by the European Union, and it has been given a clear "European perspective" by the Council of the European Union ^{[ citation needed ]}. As confirmed by the Thessaloniki Summit in June 2003, Kosovo is firmly anchored in the framework of the Stabilisation and Association Process (SAP), the EU policy which applies to the Western Balkans which is designed to prepare potential candidates for membership.

On 20 April 2005 the European Commission adopted the Communication on Kosovo to the Council "A European Future for Kosovo" which reinforced the Commission's commitment to Kosovo. On 20 January 2006, the Council adopted a European Partnership for Serbia and Montenegro including Kosovo as defined by UNSCR1244. The European Partnership is a means to materialise the European perspective of the Western Balkan countries within the framework of the SAP. The Provisional Institutions of Self-Government (PISG) adopted an Action Plan for the Implementation of the European Partnership in August 2006 and this document formed the current working basis between the EU and the PISG. The PISG regularly reported on the implementation of this action plan.

Kosovo's declaration of independence from Serbia was enacted on 17 February 2008 by a vote of members of the Assembly of Kosovo. ^{[2] [3]} The fact that the declaration was not recognised by Serbia and several EU member states did not prevent Kosovo from continuing its STM programme, which aimed to gradually integrate its national policies on legal, economic and social matters with EU so that at some point in the future they would qualify for EU membership. As of December 2008 ^[update] , fifteen meetings of the STM have taken place. In addition, in March 2007 a new structure of sectoral meetings under the umbrella of the STM was established in the areas of: good governance, economy, internal market, innovation and infrastructure. ^[28]

In October 2009, the European Commission noted in its annual report on the progress of the candidates and potential candidates for EU accession that Kosovo faced major challenges including ensuring the rule of law, the fight against corruption and organised crime, the strengthening of administrative capacity, and the protection of the Serb and other minorities. ^{[29] [30]} Negotiations for EU membership would only start after Kosovo submits an application and is made an official candidate for membership. Enver Hoxhaj, Kosovo's Minister of Foreign Affairs, has suggested that the EU should admit Serbia and Kosovo simultaneously due to concerns that if Serbia was admitted first they could veto Kosovo's membership. ^[31]

In May 2014, Hoxhaj said that Kosovo's goal was for EU membership within a decade. ^[32] In May 2018, Bulgaria – holding the rotating presidency of the Council of the European Union – hosted a summit on the Western Balkans, which aimed to facilitate accession by the six, including enhanced regional security cooperation and regional connectivity. ^[33] It was noteworthy that the Summit referred to 'partners' rather than states: this reflects the issue that Kosovo is only partially recognised as a state. ^[34] The European Commission is sensitive to the issue which was addressed in a speech by the EU's High Representative/Vice-President Federica Mogherini at the European Parliament Plenary Session on the Western Balkan Strategy: " shared, unequivocal, concrete perspective for European Union integration for each and every one of the six partners. Each at its own pace, with its own specificities and under different conditions, but the direction is clear and is one ". ^[35]

On 3 March 2022 a resolution was passed by Kosovo's Parliament requesting that the government "take all necessary steps to join NATO, European Union, Council of Europe and other international organizations". ^[36] In June 2022, Prime Minister of Kosovo Albin Kurti stated that he planned to formally submit an application for membership by the end of the year. ^[37] On 15 December 2022, Kosovo formally submitted an application for European Union membership. ^{[38] [39] [7] [8] [9]}

Stabilisation and Association Agreement

Prior to applying for full membership in the EU, Kosovo sought to sign a Stabilisation and Association Agreement (SAA) with the EU, which according to the European Parliament "defines rights and obligations of both parties until the EU membership." ^[40] A feasibility study on the prospects for a SAA with Kosovo was launched by the European Commission in March 2012. ^{[41] [42]} On 10 October 2012 the results were published. It found that there were no legal obstacles to this, as full sovereignty is not required for such an agreement, and recommended that negotiations start as soon as Kosovo had made further progress in the four areas: Rule of law, Public administration, Protection of minorities, and Trade. ^[43]

Unilateral euro adoption

Before Kosovo declared independence in 2008, Kosovo's economy had undergone a currency substitution, with the Deutsche Mark being the most used currency. As a result, like Germany, Kosovo (which was then a United Nations mandate) switched to the euro on 1 January 2002. The change to the euro was achieved in cooperation with the European Central Bank, and several national banks in the Eurozone. Kosovo does not mint any coins of its own.

It is unclear how Kosovo's unilateral use of the euro will impact its aspirations for further integration into the EU, which requires that states meet several convergence criteria prior to being allowed to join the eurozone. Montenegro, like Kosovo, has also unilaterally adopted the euro and is currently conducting membership negotiations with the EU. Since Montenegro's application for membership, the European Commission and the ECB have voiced their discontent over its use of the euro on several occasions. ^[72] A statement attached to Montenegro's Stabilisation and Association Agreement with the EU read: "unilateral introduction of the euro was not compatible with the Treaty." ^[73] The issue is expected to be resolved through the negotiations process. ^[72] The ECB has stated that the implications of unilateral euro adoption "would be spelled out at the latest in the event of possible negotiations on EU accession." ^[73] Diplomats have suggested that it is unlikely Montenegro will be forced to withdraw the euro from circulation in their country. ^{[73] [74]}

Visa liberalisation

As of 1 January 2024, holders of Kosovo passports can travel within the Schengen Area, for up to 90 days within a 180 day period without a visa. ^[75]

Kosovo was the only potential candidate for membership in the Balkans that did not have visa free access for the Schengen Area. ^[76] The EU and Kosovo launched a visa liberalisation dialogue on 19 January 2012. ^[76] On 14 June 2012, Kosovo received a roadmap for visa liberalisation with the EU, detailing the necessary reforms. ^{[77] [78]} The European Commission formally proposed Kosovo be granted visa free travel in May 2016. ^[79] The EU stipulated that the approval visa free access for citizens of Kosovo to the Schengen area is conditional on Kosovo approving a border demarcation agreement with Montenegro. ^[80] The border agreement was approved by Kosovo's parliament in March 2018. ^[81] A Commission report from July 2018 concluded that Kosovo had met all of the conditions required of it for visa free access to the Schengen area. ^[82] However, the approval of all EU member states is required to lift existing visa requirements, and several states have blocked the move. ^[37]

In 2021, the EU Parliament urged the EU Council to implement the visa liberalisation for nationals of Kosovo, ^[83] after an EU report concluded that Kosovo had met all of the conditions required for visa liberalisation. ^[84] In November 2022, the EU Council proposed implementing the visa liberalisation on 1 December 2023 at the latest, or at the same as ETIAS if earlier. ^[85] On 14 December 2022, the EU Council presidency and representatives of the European Parliament agreed to implement visa liberalisation by 1 January 2024 subject to formal approval by the Council and European Parliament. ^[86] On 9 March, the proposal were unanimously approved by the Council of the EU with all member states present, including the five which have not formally recognised Kosovo's independence, voting in favour. ^[87] On 23 March 2023, the Civil Liberties, Justice and Home Affairs Committee of the European Parliament supported the visa liberalisation proposal with 47 in votes in favour, 8 against, and 4 abstaining. ^[88] The proposed regulation to enact the visa liberalization plan was approved at a plenary session of the parliament on 18 April 2023 and was published in the Official Journal the following day. ^{[89] [90] [91] [92] [93]} Visa liberalization came into effect on 1 January 2024.

Public opinion

In a 2019 public opinion survey of 1,700 Kosovars conducted by the National Democratic Institute, the average response regarding respondents' opinion of the European Union—1 being very unfavorable and 5 being very favorable—was highly favorable at 4.22, ^[94] indicating that the nation's accession to the union would likely receive a similar degree of support.^{[ citation needed ]}

Chronology of relations with the EU

Negotiations

Negotiation talks have not yet started.

European Commission progress reports on Kosovo date back to before its declaration of independence from Serbia. This includes 2005, ^[105] 2006, ^[106] 2007, ^[107] 2008, ^[108] 2009, ^[30] 2010, ^[109] 2011, ^[110] 2012 (for the SAA), ^{[43] [111]} 2013, ^[112] and 2014. ^[113]

See also

• Enlargement of the European Union
• Accession of Serbia to the European Union
• Political status of Kosovo
• United Nations Security Council Resolution 1244
• Yugoslavia and the European Economic Community
• Accession of Montenegro to the European Union

Related Research Articles

The United Nations Interim Administration Mission in Kosovo is the officially mandated mission of the United Nations in Kosovo. The UNMIK describes its mandate as being to "help the United Nations Security Council achieve an overall objective, namely, to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo and advance regional stability in the Western Balkans."

The European Union (EU) has expanded a number of times throughout its history by way of the accession of new member states to the Union. To join the EU, a state needs to fulfil economic and political conditions called the Copenhagen criteria, which require a stable democratic government that respects the rule of law, and its corresponding freedoms and institutions. According to the Maastricht Treaty, each current member state and the European Parliament must agree to any enlargement. The process of enlargement is sometimes referred to as European integration. This term is also used to refer to the intensification of co-operation between EU member states as national governments allow for the gradual harmonisation of national laws.

The Kosovo Force (KFOR) is a NATO-led international peacekeeping force in Kosovo. Its operations are gradually reducing until Kosovo's Security Force, established in 2009, becomes self-sufficient.

A European Union Association Agreement or simply Association Agreement (AA) is a treaty between the European Union, its Member States and a non-EU country or bloc of countries that governs bilateral relations. Areas frequently covered by such agreements include the development of political, trade, social, cultural and security links. The provision for an association agreement was included in the Treaty of Rome, which established the European Economic Community, as a means to enable co-operation of the Community with the United Kingdom, which had retreated from the treaty negotiations at the Messina Conference of 1955. According to the European External Action Service, for an agreement to be classified as an AA, it must meet several criteria:

1. The legal basis for [association agreements'] conclusion is Article 217 TFEU
2. Intention to establish close economic and political cooperation ;
3. Creation of paritary bodies for the management of the cooperation, competent to take decisions that bind the contracting parties;
4. Offering most favoured nation treatment;
5. Providing for a privileged relationship between the EC and its partner;
6. Since 1995 the clause on the respect of human rights and democratic principles is systematically included and constitutes an essential element of the agreement;
7. In a large number of cases, the association agreement replaces a cooperation agreement thereby intensifying the relations between the partners.

In talks with countries that have expressed a wish to join the European Union, the EU typically concludes Association Agreements in exchange for commitments to political, economic, trade, or human rights reform in that country. In exchange, the country may be offered tariff-free access to some or all EU markets, and financial or technical assistance.

The most recent enlargement of the European Union saw Croatia become the European Union's 28th member state on 1 July 2013. The country applied for EU membership in 2003, and the European Commission recommended making it an official candidate in early 2004. Candidate country status was granted to Croatia by the European Council in mid-2004. The entry negotiations, while originally set for March 2005, began in October that year together with the screening process.

The political status of Kosovo, also known as the Kosovo question, is the subject of a long-running political and territorial dispute between the Serbian government and the Government of Kosovo, stemming from the breakup of Yugoslavia (1991–92) and the ensuing Kosovo War (1998–99). In 1999, the administration of the Autonomous Province of Kosovo and Metohija was handed on an interim basis to the United Nations under the terms of UNSCR 1244 which ended the Kosovo conflict of that year. That resolution reaffirmed the territorial integrity of Serbia over Kosovo but required the UN administration to promote the establishment of 'substantial autonomy and self-government' for Kosovo pending a 'final settlement' for negotiation between the parties.

The Commissioner for Neighbourhood and Enlargement is the member of the European Commission in charge of overseeing the accession process of prospective new member states and relations with those bordering the European Union (EU). The present commissioner, as of December 2019, is Olivér Várhelyi.

Albania is on the current agenda for future enlargement of the European Union (EU). It applied for EU membership on 28 April 2009, and has since June 2014 been an official candidate for accession. The Council of the European Union decided in March 2020 to open accession negotiations with Albania.

The accession of Bosnia and Herzegovina to the European Union (EU) is the stated aim of the present relations between the two entities. Bosnia and Herzegovina has been recognised by the European Union as a "candidate country" for accession since the decision of the European Council in 2022 and is on the current agenda for future enlargement of the EU. Bosnia and Herzegovina takes part in the Stabilisation and Association Process and trade relations are regulated by an Interim Agreement.

Accession of Montenegro to the European Union is on the agenda for future enlargement of the EU.

Serbia applied to join the European Union (EU) in 2009 and has been a candidate for membership since 2012, along with nine other states. Serbia is the largest country in Southeast Europe seeking entry into the EU.

Tonino Picula is a Croatian politician currently serving his fourth term as a Member of the European Parliament for Croatia, having successfully run in 2013, 2014, 2019 and 2024 European elections.

Foreign relations of Kosovo are accomplished by efforts of the Ministry of Foreign Affairs of Kosovo. Kosovo operates 33 embassies abroad and is host to 22 embassies in Pristina. Kosovo has membership in several international organisations.

There are currently nine states recognized as candidates for membership of the European Union: Albania, Bosnia and Herzegovina, Georgia, Moldova, Montenegro, North Macedonia, Serbia, Turkey, and Ukraine. Kosovo formally submitted its application for membership in 2022 and is considered a potential candidate by the European Union. Due to multiple factors, talks with Turkey are at an effective standstill since December 2016.

The accession of North Macedonia to the European Union has been on the current agenda for future enlargement of the EU since 2005, when it became an official candidate for accession. The then Republic of Macedonia submitted its membership application in 2004, thirteen years after its independence from Yugoslavia. It is one of nine current EU candidate countries, together with Albania, Bosnia and Herzegovina, Georgia, Moldova, Montenegro, Serbia, Turkey and Ukraine.

Kosovo unilaterally self proclaimed independence from Serbia in 2008, a move which Serbia strongly rejects. Serbia has not recognized Kosovo as an independent state and continues to claim it as the Autonomous Province of Kosovo and Metohija. However, differences and disputes remain, while North Kosovo partially remains under Serbian influence. Initially there were no relations between the two; but in the following years there has been increased dialogue and cooperation between the two sides.

The Belgrade–Pristina negotiations are a series of European Union-facilitated talks between the governments of Serbia and Kosovo. Serbia claims Kosovo as its southern province under United Nations administration, and rejects its independence. Kosovo considers Serbia as a neighbouring state. The negotiations began in March 2011, three years after Kosovo declared independence. They are the first negotiations between the two entities since Kosovo declared independence in February 2008.

The First Agreement of Principles Governing the Normalisation of Relations, informally known as the Brussels Agreement, is an agreement to normalize relations between the governments of Serbia and Kosovo. The agreement, negotiated and concluded in Brussels under the auspices of the European Union, was signed on 19 April 2013. Negotiations were led by Serbian Prime Minister Ivica Dačić and Kosovo Prime Minister Hashim Thaçi, mediated by EU High Representative Catherine Ashton. The government of Serbia does not recognize Kosovo as a sovereign state, but began normalising relations with the government of Kosovo as a result of the agreement. In Belgrade, the agreement was criticized by protestors as a convalidation of Kosovo independence.

National security of Serbia relates to the issues of Serbian national security.

References

External links

• European Union Office in Kosovo
• Stabilisation and Association Agreement with Kosovo - Summary
• Stabilisation and Association Agreement with Kosovo - Full text
• European Commission - EU and Western Balkans: Enhanced EU engagement with the Western Balkans
• European Commission factsheet on EU-Kosovo relations: Kosovo on its European path
• European Commission Western Balkans in figures: Kosovo
• Most Recent European Commission Report: Kosovo* 2023 Report
• EU Integration – Kosovo Government: Kosovo – European Integration