2013年-CEPS欧洲政策研究中心_Kosovo_merits_special_status_as_part_of_the_EU_4页_102kb

总结：Kosovo merits "special status as part of the EU"

核心内容

Kosovo's status as an independent state remains blocked by Russia and China in the UN Security Council, and Serbia refuses to accept any resolution recognizing Kosovo's independence. This has led to a political stalemate. However, the article argues that Kosovo can still claim a legitimate case for secession based on normative criteria such as suffering from grave injustice, being a last resort, and having the capacity to establish proper governance.

Given the geopolitical constraints, the EU is presented as the only viable actor to offer Kosovo a special status that bypasses the UN's legal framework and instead integrates Kosovo into the EU's institutional and legal system. This would provide functional recognition without full statehood, allowing the EU to manage policies in Kosovo while avoiding UN-level recognition that could trigger conflict or regional instability.

主要观点

• Kosovo's Secession Case: Kosovo has a stronger case for secession than many other entities due to its history of genocide, mass displacement, and lack of self-determination.
• EU as the Solution: The EU, committed to integrating the Balkans, has the means to create a special legal and institutional relationship with Kosovo that is not subject to Russian or Chinese veto.
• Adapting the Ahtisaari Plan: The Ahtisaari plan, originally designed for UN endorsement, needs to be adapted to fit the EU framework. This would involve defining a new status for Kosovo and establishing governance and legal structures accordingly.
• Special Status Options: The EU could offer Kosovo a special status, such as "special EU region" or "associated territory," which would imply functional integration with the EU but not full membership.
• EU Policies in Kosovo: The EU would administer its policies and programs in Kosovo, including structural funds and education initiatives like Erasmus. EU law would be applied, with transitional arrangements and exemptions as needed.
• Avoiding Unilateral Independence: A unilateral declaration of independence by Kosovo risks triggering a split within the EU and international instability. The EU should instead offer a framework that allows Kosovo to gain functional recognition without full statehood.
• Serbia's Role: Serbia is not required to change its constitution but could be invited to cooperate in the EU-led integration process. It might also be upgraded to a "membership candidate" status, similar to Croatia and Macedonia.

关键信息

• Unilateral Declaration Risks: The article warns of dangerous scenarios if Kosovo declares independence unilaterally, including EU division and regional destabilization.
• Functional Recognition: A special status within the EU would provide functional recognition, including EU policy administration, passport recognition, and EU legal jurisdiction.
• EU's Legal Agility: The EU has a history of accommodating special relationships, such as with Norway, Iceland, and Liechtenstein, and can apply similar models to Kosovo.
• Tripartite Agreement: A potential solution involves a tripartite agreement between the EU, Serbia, and Kosovo to define functional arrangements, with EU law taking precedence.
• Long-Term Integration: The ultimate goal is full EU membership for Kosovo, but this will require time and will not be immediate. The EU must balance Kosovo's needs with the stability of the broader Balkans region.

欧洲政策研究中心（CEPS）简介

CEPS is a leading European think tank based in Brussels, established in 1983. It focuses on high-quality policy research and analysis to address European challenges. Its goals include:

• Conducting state-of-the-art policy research.
• Maintaining academic excellence and independence.
• Providing a forum for debate among stakeholders.
• Building collaborative networks across Europe.
• Disseminating findings through publications and events.

Assets of CEPS include:

• Full independence in setting research priorities.
• Nine research networks involving institutes worldwide.
• A large membership base of corporate and institutional members.

Programme Structure includes in-house research programs and collaborative initiatives, such as:

• Economic & Social Welfare Policies
• Energy, Climate Change & Sustainable Development
• EU Neighbourhood, Foreign & Security Policy
• Financial Markets & Taxation
• Justice & Home Affairs
• Politics & European Institutions
• Regulatory Affairs
• Trade, Development & Agricultural Policy

Research Networks/Joint Initiatives:

• Changing Landscape of Security & Liberty (CHALLENGE)
• European Capital Markets Institute (ECMI)
• European Climate Platform (ECP)
• European Credit Research Institute (ECRI)
• European Network of Agricultural & Rural Policy Research Institutes (ENARPRI)
• European Network for Better Regulation (ENBR)
• European Network of Economic Policy Research Institutes (ENEPRI)
• European Policy Institutes Network (EPIN)
• European Security Forum (ESF)

CEPS also organizes events and collaborates with stakeholders, including policymakers, academics, and media. It is funded through membership fees, research projects, grants, and other sources, including the European Commission.

结论

The article suggests that the EU should offer Kosovo a special status that reflects its unique situation and allows for functional integration, while avoiding the risks of full independence. This approach would serve both Kosovo and the EU's broader integration goals in the Balkans.