Enlargement Agenda - Special focus on Macedonia, Serbia and Kosovo. CEPS Commentary, 27 March 2013

This CEPS Commentary notes that this is a critical time for the EU’s enlargement agenda with competing interests at play – between those who suggest that further enlargement is a heavy burden that the EU can ill afford in the current economic climate, and others who continue to believe that extending the frontiers of peace and security to include the Balkan countries will make the EU a safer place. To counter the naysayers, Erwan Fouéré underlines the importance for the EU to show that its current strategy continues to deliver dividends, as it certainly does in the case of Kosovo and Serbia. He further advises the EU to be ready to adapt its strategy where necessary, as in the case of Macedonia, by using whatever leverage it has in a more direct and consistent way and ensuring that its policy objectives and strategy in this area are based on the progress assessment narrative and not the other way around. In his view, opening accession negotiations with Macedonia will be the only way to prevent the country from sinking into further political instability.

Bosnia, Kosovo and the EU: Is Accession Possible without Full Sovereignty?

Bosnia and Kosovo are the only two members of the EU enlargement zone that have never tried to apply for EU membership, given that both are too far from complying with the required minimum standards. But besides lacking basic capacities, these two potential candidates share another common feature: both are limited, to different degrees, in their national sovereignty. This lack of sovereignty not only limits the capacity of the potential candidates to negotiate or to enter into agreements with the EU; it also undermines their readiness to undertake serious reforms. The EU tries to dodge the political blockades that are the root cause of the problem by focusing on the technical issues; this might provide a temporary relief but cannot substitute a realistic accession perspective, which is currently absent. However, without this perspective, the EU’s ‘normative power’ in these countries will continue to erode – which bears the risk that both Kosovo and Bosnia will, in the end, try to solve existing problems through unilateral measures, such as partition. Given its lack of ability to provide alternatives, the EU has to realistically consider such outcomes and think about the possible consequences.

La Bosnie, le Kosovo et l’UE: une adhésion est-elle possible en l’absence d’une pleine souveraineté? = Bosnia, Kosovo and the EU: Is Accession Possible without Full Sovereignty?

No abstract.

"Viewers should not try this at home". Die Verfassungsgerichte Bosnien-Herzegowinas und Kosovos in deren Rolle als Schlichtungsinstanzen in ethnopolitischen Konflikten = The constitutional courts of Bosnia-Herzegovina and Kosovo in their role as arbitration bodies in ethno-political conflicts. EDAP 01/2014

The article analyzes the role of constitutional courts in Bosnia and Kosovo, both characterized by their partly internationalized membership, in the adjudication of cases that are highly controversial between the different ethno-political factions. The main focus is on the Constitutional Court of Bosnia, which presents one of the richest and most interesting examples of “lawfare” in divided societies. The concept of lawfare has been adapted to refer to the continuation of political battles by ethno-political actors through legal means, in this case, constitutional adjudication. In Kosovo, the Constitutional Court has been an important defender of diversity, albeit its primary focus and merit are to have contributed to the establishment of a concept of democracy close to the people of Kosovo. The article concludes that constitutional courts represent important institutions of internal conflict resolution in divided societies, which have been instrumental in shaping multiculturalism in these post-conflict societies divided by deep ethnic cleavages.