Andrea Lorenzo Capussela
Eulex’s Performance of its Executive Judicial Functions
Serving as the ‘Annex’ to Andrea Lorenzo Capussela, State-Building in Kosovo: Democracy, Corruption and the EU in the Balkans (I.B.Tauris: London and New York, 2015).
15 February 2015
This paper contains part of the evidence used in Chapter 5 of my book, which refers to it as the ‘Annex’. Like the book, the paper is updated as of the end of August 2014. Below you will find the paper, some documents it refers to, and a space for comments.
A draft of the paper was published on this website on 5 June 2014, to solicit comments. I received some, but none led me to make changes; and only few changes were necessary to update the paper. This text is essentially the same as the 5 June draft, therefore.
The paper reviews the performance of the largest mission ever deployed by the European Union. Named ‘EULEX Kosovo’ (Eulex), it was deployed after Kosovo declared independence, in 2008, and its mandate will soon be extended to June 2016. At its peak, Eulex employed three times as many officials as the 11 other EU civilian missions combined. Eulex is often characterized as the ‘flagship’ of the Common Security and Defence Policy of the EU.
Thus far, Eulex’s performance has been unsatisfactory. In October 2012 the European Court of Auditors published a rather critical report on the mission’s performance of its advisory functions. This paper reviews the performance of its executive judicial and police functions, reaching more negative conclusions. When acting in this capacity, Eulex enforces the law upon Kosovo’s citizens in lieu of the domestic police and judicial authorities: it issues judgements, conducts trials and investigations, and arrests suspects.
Below are links (pdf) to the unpublished judicial documents referred to in the paper (the other judicial documents discussed in the paper are available on Eulex's website: links to them are provided in the footnotes of the paper). The documents are ordered by paragraph, and, within each paragraph, chronologically; the reference is to the footnote where the document is cited in full.
§ 2.4 (the case about the implausible threats)
§ 2.9 (the case about the governor of the central bank)
§ 2.16 (the case about illegal organ transplants)
§ 2.21 (the case about three Serbs)
§ 2.22 (the civil case, about the Trepça mines)
3. New documents
These are useful documents that emerged after the paper and the book were published. Order and references are the same as above.
§ 2.3 (the AUK case: an illegal gift to a rich private university)
Comments shall be channelled to an email address and shall not appear on this website; please indicate which paragraphs of the paper the comment refers to.