Michael Emerson, du Centre for European Policy Studies (CEPS), estime que le Kosovo devrait bénéficier d’un « statut spécial » que l’UE est la seule à pouvoir offrir.
The October paper argues that Kosovo’s current situation is unsustainable and « very dangerous », though classic independence as represented by a flag at the UN is also « impossible for the time being and for the foreseeable future » due to Russia’s objections.
A unilateral declaration of independence by Kosovo recognised by the US and some but not all EU states is « obviously unattractive » and would destabilise the wider region as well as the Serbian and Kosovo Albanian communities in Kosovo itself, says the author.
However, Emerson argues that Kosovo’s secession from Serbia is justified as « a well-identified people and territory have suffered a grave injustice at the hands of the central power » and « the seceding entity […] has a reasonable chance of establishing proper governance for itself ».
The EU alone can find a solution as it is « committed to the full integration of the whole of the Balkans into the EU », Emerson argues – but first it must overcome Russia’s blocking of a « classic international resolution ».
The answer is to bypass the UN and place the issue in the framework of European integration, believes Emerson. The EU would negotiate with Kosovo over a new status, with institutional and internal arrangements based on the Ahtisaari plan, and the EU providing guarantees for the Serb minority, he explains.
The main features of his proposal include:
- A Kosovo subject to the general application of EU law and the jurisdiction of the European Court of Justice (ECJ), in areas to be decided jointly between Kosovo and the EU and with the goal of eventual membership in mind.
- The EU would administer its policies and programmes, including the structural funds and Erasmus, in collaboration with the Kosovo government.
- Kosovo would issue passports to its citizens, recognised by the EU and as a consequence, most of the rest of the world, and would have a permanent representation in Brussels to confirm its special status.
Emerson suggests that the legal status of Kosovo be defined as a « special EU region, territory, or associated territory or state », pointing to the « remarkable political legal agility » the EU has shown in devising the status of Norway, Iceland and the Channel Islands as proof that this would work.
He advises Kosovo’s leaders to accept that Russia, in the UN, will prevent the establishment of a fully independent sovereign state, and settle for the « functional recognition » that a special status as part of the EU would entail.
Serbia could be officially upgraded to « membership candidate » alongside Croatia and Macedonia in return for accepting the plan, and a tripartite agreement between Kosovo, Serbia and the EU – subject to ECJ jurisdiction – could be set up to resolve any outstanding issues, he adds.