30 EU Special Representative for Kosovo
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Council Decision extending the mandate of the EU Special Representative in Kosovo
|
| Legal base | Articles 31(2) and 33 TEU; QMV
|
| Department
Document number
| Foreign and Commonwealth Office
(36626), —
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Summary and Committee's conclusions
30.1 This Council Decision seeks to renew the mandate and budget
of Samuel Žbogar as EU Special Representative (EUSR) in Kosovo.
He would also continue his role as acting as head of the EU Office
in Pristina.
30.2 At the time of the last mandate renewal in June
2014, the Minister for Europe (Mr David Lidington), illustrated
various ways in which Mr Žbogar (a former Slovene Foreign
Minister) had continued to make a positive contribution in an
extremely challenging situation, particularly with regard to the
EU's largest and most longstanding rule-of-law mission, EULEX
Kosovo;[81] this was
especially important at this juncture because EULEX Kosovo faced
a very difficult transition, in which Mr Žbogar would no
doubt continue to play a leading role.
30.3 The proposals for EULEX over the next two years
outlined in that Report emanated from a European Court of Auditors
report and an EEAS Strategic Review: an unwieldy EULEX would be
down-sized, specialising in the areas which would make the most
impact in the next two years; its Executive division — covering
policing and sensitive criminal cases — would remain in
both the north and south of Kosovo, but in a smaller way, while
most of EULEX's current capacity-building activities would be
taken on by Commission-funded project work (reflecting a key recommendation
of the European Court of Auditors' earlier report). EULEX would
focus on implementation of agreements reached in the Belgrade-Pristina
dialogue in the north; start to phase out its executive functions
in the justice sector as part of a phased handover of responsibility
to Kosovo; and complete its work on ongoing serious cases: Kosovo
had agreed, in principle, to create a special court to hear any
trials arising from EULEX's Special Investigative Taskforce, which
has been investigating the allegations against senior Kosovo political
figures in the 2010 Marty Report;[82]
and EULEX would have an important role in assisting Kosovo with
the operation of this court.[83]
30.4 In his Explanatory Memorandum of 29 January
2015, the Minister said that the new High Representative, Federica
Mogherini, had now proposed to extend the mandate; that he expected
its length to be eight months, until 31 October 2015; and that
he would update the Committee when this was confirmed.
Our assessment
30.5 The Minister also illustrated the continuing
importance of the EUSR role and how well Mr Žbogar had continued
to fulfil his brief — which we considered all to the good,
given not only the inherent challenges (which, if mishandled were
always capable of undercutting the welcome progress being made)
but also those posed not only by the down-sizing and re-focussing
of EULEX Kosovo, but also the corruption allegations that had
arisen since the EUSR's mandate was renewed (and about which we
expected shortly to hear from the Minister).[84]
30.6 The EUSR's budget had also yet to be fully finalised.
The Committee therefore continued to retain it under scrutiny,
pending confirmation of the length of Mr Žbogar's mandate
and receipt of information about the budget.[85]
30.7 The Minister now says that the proposed budget
for the next eight months is €1,520,000, which represents
an increase of 4.6% (€70,000) in gross terms on last year's
budget of €1,450,000 for the eight-month mandate.
30.8 Though the Minister does not say so directly,
we infer from the length of the budget that (as with various other
EUSR mandates that we have considered in recent weeks) the HR
has now also confirmed that Mr Žbogar's mandate will run
until 31 October 2015.
30.9 On that basis, we now clear the draft Council
Decision.
Full details of
the document: Council
Decision extending the mandate of the European Union Special Representative
in Kosovo: (36626), —.
Background
30.10 The EU has had a central role in post-conflict
Kosovo: firstly, as part of the UN Interim Administration Mission
in Kosovo, or UNMIK; and latterly, through the EU Special Representative/Head
of the EU Delegation and the EU's largest and most longstanding
civilian ESDP mission, EULEX Kosovo.
30.11 The EUSR's mandate stems from the 14 December
2007 European Council underlining the EU's readiness to play a
leading role in strengthening stability in the Western Balkans,
including by contributing to a European Security and Defence Policy
mission and to an International Civilian Office as part of the
international presence in Kosovo. Joint Action 2008/123/CFSP adopted
on 4 February 2008 established an EU Special Representative for
Kosovo. Kosovo declared independence on 17 February 2008.
30.12 As our earlier Reports detail, until May 2011
the EUSR mandate was combined with that of the International Civilian
Representative (ICR; appointed by an International Steering Group,
of which the UK is a member, and the ultimate supervisory authority
over the implementation of the UN Special Envoy's Comprehensive
Settlement Proposal: Kosovo committed itself to that proposal
as part of its declaration of independence). The ICR had no direct
role in the day to day administration of Kosovo, but retained
strong executive and corrective powers to ensure the successful
overall implementation of the Settlement. The ICR's mandate was
to continue until the ISG determined that Kosovo had implemented
the terms of the Settlement.
30.13 Previous Council Decisions cleared by the Committee:
— ended
that arrangement, leaving the incumbent as the ICR;
— set out a new mandate that combined the
EUSR role with that of heading a new Liaison Office in Belgrade,
which had been set up as part of the EU-sponsored (and UN-endorsed)
Dialogue between Pristina and Belgrade;
— appointed Fernando Gentilini as EUSR
(an Italian diplomat, now a member of the EEAS and closely involved
with the Pristina/Belgrade Dialogue since its inception) until
he became the EEAS Director for the Western Balkans; and
— as of 1 February 2012, appointed Samuel
Žbogar for the position (and thus also as Head of the EU
Office in Pristina).
The draft Council Decision
30.14 The Minister noted that:
— the
policy objectives in the proposed mandate include:
"playing a leading role in promoting a stable,
viable, peaceful, democratic and multi-ethnic Kosovo; strengthening
stability in the region and contributing to regional cooperation
and good neighbourly relations in the Western Balkans; promoting
a Kosovo that is committed to the rule of law and to the protection
of minorities and of cultural and religious heritage; supporting
Kosovo's progress towards the EU in accordance with the European
perspective of the region and in line with the relevant Council
Conclusions"; and
— that
this mandate calls for Mr Žbogar to continue to:
· offer
the EU's advice and support the political process;
· promote
overall EU political coordination in Kosovo;
· strengthen
the presence of the EU in Kosovo and ensure its coherence and
effectiveness;
· provide
local political guidance to the Head of EULEX, including on the
political aspects of issues relating to executive responsibilities;
· ensure
consistency and coherence of EU action in Kosovo within the EU
office/EUSR's office, and guiding locally the EULEX transition;
· support
Kosovo's progress towards the EU, in accordance with the European
perspective of the region, through targeted public communication
and Union outreach activities designed to ensure a broader understanding
and support from the Kosovo public on issues related to the EU,
including the work of EULEX;
· monitor,
assist and facilitate progress on political, economic and European
priorities, in line with respective institutional competencies
and responsibilities;
· contribute
to the development and consolidation of respect for human rights
and fundamental freedoms in Kosovo, including with regard to women
and children and protection of minorities, in accordance with
the EU's human rights policy and EU Guidelines on Human Rights;
and
· assist
in the implementation of the Serbia-Kosovo Dialogue facilitated
by the EU, working closely with local actors, and colleagues in
Belgrade and Brussels to improve coordination and delivery.
30.15 With regard to the Financial Implications,
the Minister says:
— he
had yet to receive the draft budget [funded from Heading 4 of
the EU budget, which covers the EU's external spend], but will
examine it in detail on receipt and forward it to the Committee;
and
— in the meantime, with a scrutiny reserve
in place, his officials had stressed the need for a budget to
be circulated as soon as possible, given that the EUSR's mandate
expires on 28 February.
The Minister's letter of 13 March 2015
30.16 The Minister says:
"The proposed budget for the next eight months
is €1,520,000, which represents an increase of 4.6% (€70,000)
in gross terms on last year's budget of €1,450,000 for the
eight month mandate. This increase is due to the progressive transfer,
which began three and a half months into the last eight month
mandate, of nine legislative experts from EULEX to the EUSR. These
experts are embedded in the Ministry of Justice and Internal affairs
and deal with legal cooperation and mutual legal assistance. These
are critical aspects of the EUSR's mandate.
"This year the staff will need to be budgeted
for the full eight month mandate (to end on 31 October 2015) as
opposed to only four and half months, hence the increase.
"We believe this continues to represent value
for money, and despite this small increase in the budget of the
EUSR there is a significant net reduction in the joint cost to
the UK of the EUSR and EULEX of over £20m."
Previous Committee Reports
Thirty-second Report HC 219-xxxi (2014-15), chapter
7 (4 February 2015); also see (36034), —: Third Report
HC 219-iii (2014-15), chapter 11 (18 June 2014) and (36259), —:
Twenty-fifth Report HC 219-xxiv (2014-15), chapter 14 (10 December
2014); also see (33609), —: Fifty-second Report HC 428-xlvii
(2010-12), chapter 24 (18 January 2012); (33170), —: Forty-second
Report HC 428-xxxvii (2010-12), chapter 22 (12 October 2011);
(33066), —: Fortieth Report HC 428-xxxv (2010-12), chapter
13 (7 September 2011); (32738), — and (32590), —:
Twentieth-eighth Report HC 428-xxvi (2010-12), chapter 10 (11
May 2011) and (32590), — (32601), — (32602), —
and (32603), —: Twenty-third Report HC 428-xxi (2010-11),
chapter 4 (23 March 2011); also see (32505), —:
Nineteenth Report HC 428-xvii (2010-11), chapter 12 (16 February
2011).
81 EULEX Kosovo is focused on local ownership and capacity
building, through mentoring, monitoring and advice; aimed at advancing
the goal of a stable, viable, peaceful, democratic, multi-ethnic
Kosovo, contributing to regional cooperation and stability, and
committed to the rule of law and to the protection of minorities. Back
82
Produced for the Council of Europe by Senator Dick Marty, it alleged
that after the end of hostilities with Serbia in 1999, high-ranking
members of the Kosovo Liberation Army (KLA) had been involved
in the murder of mostly Serbian prisoners, whose organs were then
trafficked. Back
83
See (36034), -: Third Report HC 219-iii (2014-15), chapter 11
(18 June 2014), (36259) -: Ninth Report HC 219-ix (2014-15),
chapter 43 (3 September 2014), and Thirty-second Report HC 219-xxxi
(2014-15), chapter 7 (4 February 2015) for full background. Back
84
See (36259), -: Twenty-fifth Report HC 219-xxiv (2014-15), chapter 14
(10 December 2014) for full background. In essence, on 6 November
2104, the Minister wrote concerning recent allegations of corruption
within EULEX's ranks made by a UK national seconded to EULEX as
a prosecutor, and "secondary allegations" relating to
"EULEX's handling of this issue and of the UK staff member
concerned". He noted that the UK, along with other Member
States, had quickly made it clear to EEAS that a thorough response
was needed, which not only investigated the allegations but also
ensured that public confidence was maintained in EULEX's handling
of such cases. EU High Representative/Vice-President Mogherini
then announced on 10 November that an external investigation would
take place led by Mr. Jean Paul Jacqué, a distinguished
law professor and former Director of the Council Secretariat legal
services, who had been asked to provide a report and recommendations
within four months.
On 10 December 2014, we asked the Minister
to write in two months' time on:
· both the Jacqué investigation
and the others that he anticipated, updating us on how matters
stand and whether they have fulfilled his criteria, viz., a "thorough
response" in terms of independence, timeliness, transparency
and "much-needed external scrutiny";
· the matters affecting UK secondees,
including the UK national seconded to EULEX as a prosecutor who
made the original allegations; and
· the establishment of the special
"out of country" court, which is central to the effective
execution of the remainder of the EULEX mandate and indicative
of the commitment of the Kosovar political establishment to its
work.
We report further on this at chapter
28 of this Report. Back
85
See Thirty-second Report HC 219-xxxi (2014-15), chapter 7 (4 February
2015) for detail. Back
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