European Union Rule of Law Mission in Kosovo
The European Union Rule of Law Mission in Kosovo, known as EULEX Kosovo or simply as EULEX, is the largest civilian mission ever launched under the Common Security and Defence Policy of the European Union. EULEX supports the Kosovan rule of law institutions on their path towards increased effectiveness, sustainability, multi-ethnicity and accountability, free from political interference and in full compliance with international human rights standards and best European practices.
EULEX's current mandate covers the period to 14 June 2027 and is based on Council Decision 2025/1161. Within its mandate, the Mission undertakes monitoring, mentoring, and advising activities and has limited executive functions.
The Mission works within the framework of UN Security Council Resolution 1244.
History
A 1,800 to 1,900 strong mission was approved by the European Council on 14 December 2007. This was later increased to 2,000 personnel due to the lack of an agreement with Serbia. It consisted of police officers, prosecutors and judges, focusing on rule of law issues, including democratic standards.The final decision on the mission was planned to be taken on 28 January 2008. This was postponed due to concerns over possible negative effects on the second round of the presidential election in Serbia on 3 February 2008 and the possible signing of the Stabilization and Association Agreement with Serbia on that date. The officially voiced reason for the postponement was the lack of a legal basis for the mission. A Joint Action was approved on 4 February 2008 and the final decision was made on 16 February 2008.
EULEX was therefore set up in February 2008 to support local institutions in the rule of law, right after the self-declared independence by Kosovo on 17 February 2008. After signing a five-point plan between Serbia and the UN, the UN Security Council approved the addition of EULEX as an assistance mission subjected to UNMIK, rather than outright replacing it.
The Mission included around 3,200 police and judicial personnel, and began a four-month deployment process on 16 February 2008. In September 2012, the Kosovo Assembly voted to extend EULEX to 2014. In April 2014, the Kosovo Assembly once again voted to extend EULEX's mandate, this time until June 2016. The European Council then decided to extend the mandate of the EU Rule of Law Mission in Kosovo until 14 June 2018, before extending it again in June 2018.
EULEX's current mandate covers the period to 14 June 2027, with an allocated budget of EUR 64.5 million to cover the EULEX Kosovo mission's expenditure for the implementation of its new mandate in Kosovo.
Heads of Mission of EULEX
Contributing States
EULEX is supported by all 27 European Union Member States, and the five Contributing States.However, some EU countries do not recognize Kosovo as an independent state. Spain for instance did not take part in the EULEX mission, since legal questions over how it replaces the UN administration have not been answered, according to the Spanish government. Furthermore, political issues related to the independence claims of the Catalonia region prevented Spain from recognizing Kosovo a self-declared independent State. In June 2008, Spanish Foreign Minister Miguel Ángel Moratinos announced in a meeting of European Union Foreign Ministers that Spain would not send its contingent to the EULEX mission until there has been a formal transfer of powers from the United Nations. The other EU countries that do not recognize the independence of Kosovo are Greece, Cyprus, Romania and Slovakia.
Political context
The EU has been divided on whether to recognize an independent Kosovo without international and Serbian approval. The Stabilization and Association Agreement with Serbia was seen as ensuring the unity of the EU on the question, however the Presidency announced it would not amount to recognition of an independent Kosovo.EULEX is legally based on United Nations Security Council Resolution 1244, which introduced the international rule of Kosovo in 1999. However, the mission, which was previously planned to be covered by the Security Council's approval of the Ahtisaari Plan, has not received a new UN Security Council mandate due to the opposition from Russia. Serbia also views the Mission as an EU recognition of an independent Kosovo.
In November 2008, the EU accepted the demand of Serbia not to implement the Ahtisaari Plan through EULEX and to be neutral regarding the status of Kosovo. In turn, EULEX would be accepted by Serbia and the UN Security Council.
Protests
On 25 August 2009, the EULEX mission was subject to violent protests, resulting in the damaging of 28 EU vehicles. Three Kosovo police officers were injured in the clashes which resulted in 21 arrests by the Kosovo police. The attack was organised by a group called Vetëvendosje in reaction to EULEX's police cooperation with Serbia and its actions in Kosovo. There is resentment towards the EU mission for exercising its powers over Kosovo while mediating between the state and Serbia. Policies concentrating on crisis management, rather than resolution, as well as the pursuit of ethnic autonomy and its overly broad mandate over Kosovo's governance is at the stem of the discontent with the EU mission.Intermediary mediation
Former Executive Mandate
Before December 2018, EULEX had an executive mandate to pursue two operational objectives: a monitoring, mentoring and advising objective, providing support to Kosovo's rule of law institutions – specifically in the police, judiciary and customs areas – and to the Belgrade-Pristina dialogue, and an executive objective, supporting the adjudication of constitutional and civil justice and prosecuting and adjudicating selected criminal cases.The mission implemented this mandate through the Strengthening Division and the Executive Division.
Strengthening Division
The Strengthening Division, in full close cooperation with other EU actors, supported Kosovo's rule of law institutions at the senior management level in their progress towards sustainability and accountability. It aimed to strengthen the chain of criminal justice, with an emphasis of fighting political interference, through monitoring mentoring and advising, including the monitoring of selected Kosovo case, such as corruption, organised crime, inter-ethnic crimes and war crimes, providing advice on the prosecution and investigation of these crimes. In addition, it provided structured support to develop the capacity and competence of the Kosovo Judicial Council and Kosovo Prosecutorial Council. It supported also the Kosovo Correctional Service with mobile capacity to focus on handling of high-profile detainees, prisons and detention centres, including the Mitrovica Detention Centre, and provided support to the Kosovo Police senior management, including a mobile capacity for police to address structural and organisational weaknesses to improve targeting of serious criminality, including terrorism, corruption, organised crime and specialised units. The Strengthening Division also assisted the Kosovo Border Police/Kosovo Customs in the implementation of the Kosovo IBM and migration strategies, including freedom of movement and IBM agreements and joint activities with FRONTEX. Finally, the SD supported the Civil Registration Agency in implementing the Belgrade-Pristina Dialogue agreements.Executive Division
Through its Executive Division, EULEX focused on delivering law services until the progress of local authorities allowed a complete transition of executive functions to them. This means that EULEX Judges and Prosecutors were embedded in Kosovo institutions and served in accordance with Kosovo law. Joint cases were investigated and prosecuted by mixed teams consisting of Kosovo prosecution authorities and EULEX prosecutors. In these cases, the Executive Division engaged in mentoring the counterpart in the form of peer-to-peer cooperation in their investigation and prosecution. EULEX dealt with highly sensitive cases related to war crimes, terrorism, organised crime and corruption.EULEX Civil Judges adjudicated property disputes and privatisation matters. In the area of privatisation matters, the mandate of EULEX Judges was restricted to cases falling within the jurisdiction of the Special Chamber of the Supreme Court of Kosovo. EULEX under its Executive objective supported the Department for Forensic Medicine by carrying out executive functions with reference to missing persons and war crimes.
Current mandate (2025–2027)
Under its current mandate extended until 14 June 2027, EULEX undertakes monitoring, mentoring, and advising activities and has limited executive functions.Through its Case Monitoring Unit, the Monitoring Pillar conducts a robust monitoring of selected cases, which covers the entire chain of criminal justice as well as civil justice cases on property and privatization issues. The Pillar also focuses its monitoring activities on selected cases which were dealt with by EULEX under its previous mandate that ended in mid-June 2018 and were later handed over to the local judiciary as well as other cases.
Through its Correctional Unit, the Monitoring Pillar also supports the Kosovo Correctional Service in developing a professional management team through monitoring, mentoring and advising and through a continued presence in KCS facilities. The Correctional Unit also helps the KCS increase its capacities in providing rehabilitation of prisoners.
Through EULEX's Senior Police Advisors in northern Kosovo, the Monitoring Pillar advises Kosovo Police's Region North Directorate and the four police stations under its command on number of issues related to the provision of policing services.
Operational functions are undertaken by the Mission's Operations Support Pillar, which maintains a limited residual capability as a Kosovo's second security responder, where Kosovo Police is the first security responder, EULEX is the second one, and KFOR is the third security responder. EULEX also supports the Kosovo Police in the field of international police cooperation by facilitating the exchange of information between the Kosovo Police and Interpol, Europol or the Serbian Ministry of Interior. The Mission also assists the Kosovo Specialist Chambers and Specialist Prosecutor's Office by providing logistic and operational support in line with relevant Kosovo legislation. In addition, EULEX experts continue to work together with their local counterparts at the Institute of Forensic Medicine to determine the fate of missing persons by offering expertise and advice in the identification of potential clandestine graves and the exhumation and identification of victims from the Kosovo conflict. Last but not least, the Mission continues to manage its witness protection programme.