June 29, 2017 9:55 am0 comments

This Discussion paper argues that the absence of a common position among the member states on Kosovo’s status does not prevent the EU from substantial engagement with Kosovo. The legal obstacles facing Kosovo’s bid for candidate status may be surmountable. Article 49 of the Treaty on the European Union, which prima facie seems to impose a condition that Kosovo is unable to meet – that is, being qualified as a “state” – does not in fact require or entail Kosovo’s recognition as a state by the European Union, seeing that the Treaties do not foresee such a competence for the EU. Furthermore, Kosovo’s SAA seems to endorse a legal European perspective for the entity and may have already set a legal precedent that Kosovo could invoke in order to continue to strengthen its contractual relations with the Union. To access the Discussion Paper, please click here.

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