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AN AWKWARD SITUATION: KOSOVO, THE EU AND EU MEMBER STATES

Wroclaw Review of Law, Administration & Economics

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Title AN AWKWARD SITUATION: KOSOVO, THE EU AND EU MEMBER STATES
 
Creator Stępień, Michał
 
Description The paper is related to the legal effects of Kosovo’s international status on the relations between the EU and its member states. Kosovo is not recognized as a state by five of the EU member states. On the other hand, all the EU member states support theconclusion an association agreement between the EU and Kosovo (actually Stabilization and Association Agreements). According to the TFEU and EU practice, accession agreements are mixed ones. It means they are concluded together by the EU and its member states. However, in case of the Kosovo SAA, a different solution has been applied. The Kosovo SAA is a bilateral agreement between the EU and Kosovo. In addition, according to the provisions of this SAA, there is no implied recognition of Kosovo as a state by the EU. Such a solution may be, however, considered as exceeding the EU’s external competence. Thus, an awkward situation seems to need an awkward solution.Keywords: Kosovo statehood, non-recognition, European Union.
 
Publisher University of Wroclaw
 
Contributor
 
Date 2018-12-30
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion

 
Format application/pdf
 
Identifier http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/150
 
Source Wroclaw Review of Law, Administration & Economics; Vol 8, No 1 (2018): Issue 1; 44-55
2084-1264
 
Language eng
 
Relation http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/150/248
 
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