Europeanization of the Rule of Law in Western Balkans - the peculiar case of the EU’s transformative power failure in Kosovo

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This research examines the Europeanization process of the rule of law sector in Kosovo. As a unique example with limited statehood, not recognized by 5 EU member states, the study focuses on the transformative powers of European Union through its conditionality mechanism, with heavy presence on the role of EU Rule of Law Mission – EULEX in the country, its ambiguous executive mandate and the reasons of failure on reforming the rule of law sector in Kosovo. As basis for the research the Europeanization definition by Radaelli and the External Incentives Model by Schimmelfennig and Sedelmeier were used, in order to scrutinize the approach and argue on the contrary effects that this model has produced in Kosovo, both in results on the ground but also the increased skepticism towards the EU. This study is focused in analysing the institutional and normative framework in the rule of law sector, sponsored but also heavily influenced by the EU through EULEX vis-à-vis the results that are produced. It also looks at the political effects of the EU conditionality closely linked to the Pristina-Belgrade dialogue process in conjunction with the “carrot” and “stick” policy of the EU. The research concludes that the model of Europeanization and the uniformed transformative powers cannot be applied in a complex political context such as Kosovo, which leads to the recommendation that the EU needs to change its systemic approach in its relationship with Kosovo and other countries alike. The recommendation of rethinking the current approach used by theoreticians as well as the EU, should in the future fill in the gap for more precise studies on the topic, but also provide a venue for a better institutional approach that would contribute to better results.

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