The EU in Kosovo: Establishing the rule of law?

Detta är en Master-uppsats från Lunds universitet/Rättssociologiska institutionen

Sammanfattning: Since the collapse of the Warszawa pact Central and Eastern European countries have changed their political agenda towards Western European countries (and the EU) by showing a political will to establish a (new) society based on Western principles and values. Simultaneously the Member states of the European Union have coordinated their foreign and security policy and shown an interest in solving different conflicts outside its borders in order to protect itself and develop cooperation with countries that are outside the EU. In 2008 the European Union increased its presence in the Republic of Kosovo and launched EULEX Kosovo whose purpose is to implement EU principles and values in Kosovo´s legal system. The aim of this essay was, therefore, to evaluate EULEX´s work in Kosovo from a legal sociological point of view where the EU´s rule of law principle was of interest. The European Commission does not mention EULEX´s shortcomings in fulfilling its mission in Kosovo but the EU´s rule of law principle is absent in Kosovo. The analyzed empirical data indicates that the EULEX has deceived its mandate in Kosovo because it has not been able to implement European principles and values within Kosovo´s legal system the last two years (2009-2011). The European view about a society where the functionality of the state and its different spheres emerge from an independent legal system is opposed by society because Kosovo´s state law is not synchronized with existing social norms in society (such as Albanian customary law). In practice, every situation that becomes a legal mater might involve different social norms at the same time where the strongest social norm(s) will decide the outcome of the case. In this context, the development phase of Kosovo´s legal system is not precisely clear because Kosovo´s legal system falls under the scope of all phases in Turner´s development theory simultaneously as it does not. An indication of why certain living law ´versions´ are present (and active) within Kosovo´s legal system (and society).

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