Kosovo y Unión Europea: una secesión planificada

Abstract

The EU’s decision in relation to Kosovo to replace UNMIK and the UN authority with EULEX and the Civilian International Office, and, in short, to foster unilateral secession, was planned at least as early as 2006. This article shows that the EU made a de facto recognition of Kosovo as a State despite the agreement of the Council on 18 February, 2008 and in violation of its own criteria established in 1991. Europe needs a single voice but the solution should not be the imposition of the will of the larger States and a disregard for those that legitimately oppose it. In this highly controversial case, which raises serious legal issues, the EU did not make proper use of its mechanisms for internal dialogue. In the past, when a single voice and action in a matter requiring unanimity could not be achieved, no active policy was implemented and the Union was not manipulated in benefit of the positions of one group. It is not possible to construct either the Common Foreign Security Policy (CFSP) or the Common Security and Defence Policy (CSDP) by ignoring the position of five States. This case indicates the extent to which the political interests of large states are resistant to International Law.