The EU treaty-making competence in relation to Kosovo

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: The Stabilisation and Association Process is the pre-accession policy of the EU which applies to its relations with the Western Balkans. The EU considers that the future of the region is within the Union, and seven countries have been given the prospect of full accession, i.e. EU membership. The most prominent feature in this regard is the establishment of contractual relations in the form of a Stabilisation and Association Agreement. So far, the EU and its Member States have on their part concluded a SAA with each one of the Western Balkan states within the SAP, except in the case of Kosovo.

In the light of these developments, this thesis seeks to explore whether the lack of contractual relations with Kosovo corresponds to a lack of competence on the EU´s part. In addition, it is also the aim to see what practical implications this brings to EU-Kosovo relations.

With the guidance of foundational principles of international institutional law as well as EU law and practice, the conclusion is that there is a legal basis for the establishment of a SAA with Kosovo. Despite the fact that the formal requirements for such an arrangement are fulfilled, the execution of it is affected by factors beyond its legal scope.

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