European integration is not just about the possibility of acquiring economic benefits from a significantly better-doing community of states, in the light of an impoverished nation who has been under constant international embargoes for over a decade.

It is more than that. First of all, it’s about the merging of the political ideologies of different countries. This implies a unified political stance on the majority of international matters, and matters that concern the union itself. Secondly, a common legal infrastructure has to be dominant among the countries forming the union. One particular country cannot go along preaching different legal philosophies whereas having been declared for one unilateral legal doctrine, that of the union. Thirdly, it is about economic integration. It is about sharing benefits, offering assistance, and working on the prosperity of each member of the union. And fourthly, it is about social and cultural integration of those states who are part of the European continent.
This is not a lesson on European integration; it is rather a quick outlook on what is to be expected, and what is at stake for those countries who aspire to, someday, become member of the union. It’s not only about receiving, it is also about giving. In fact, that’s how constituting members of such communities thrive.

A pat on the back is what some EU-ambitious countries have been getting for quite some time now, despite their destructive behaviors which are not in favor of the prosperity of the union.

In any case, what really matters to the subject discussed here, are the political and the legal aspects of this process. With the recent debate on Kosovo’s independence and the possibility to take the decision to recognize it to the International Court of Justice, we se an overlapping of a number of differing stances. While Serbia on one hand aims at becoming a full member of the Union - one day -, it is working day and night on forming and implementing policies which go against those of the European Union. The fact that the majority of the EU countries have recognized Kosovo’s independence, means that they are unwilling to go to the ICJ and ask it for an opinion on a matter which they consider as closed. Can it get any more legal recognizing Kosovo than the unanimous decision of Europe’s largest members? Besides, what is the ICJ made of?

Say the matter is passed at the Security Council. There are three possible outcomes to this process: bureaucratic work for the Court, another limbo status of this part of the Balkans, and a destructive EU-aspiring member, namely, Serbia.

The first of these three possible results is quite a catch for those ICJ workers who really have not much to do. In other words, it would keep them busy for quite some time. The decision would not come as soon as some would like, and this would make people furious. The second of these results, signifies a prolongation of a status which we’ve had in Western Balkans in the past 9 years, with Kosovo being a frozen issue. The amount of time while we await the Court’s decision, would bring neither progress nor a prospect for reconciliation among the parties in tension. And thirdly, we would be seeing a future-EU member, playing against the family which it one day wants to join. Who’s at fault here? It’s mainly Europe. We have seen these similar mistakes being made over and over again, and it is a sad and tragic fact to see that Europe learns the hard way. At least there was a unanimous abstention of EU members regarding Serbia’s initiative to take the decision to recognize Kosovo to the ICJ.

What is super imperative, however, as the next step in EU’s foreign policy, say if the resolution is passed, is the immediate halt of all integration processes that have been started with Serbia in the past years. You cannot have one part of Europe with two countries, one being brought closer to the family of unified members, whereas the other being denied the prosperity and the future of its citizens, because then Kosovo would have to wait until the Court gives its opinion, and this we know is a process that takes time. This, then, would be a significant breach of international law and rights. At this point should then Kosovo file its complaint, for being denied to grow and move forward.

Paradoxically enough, knowing that one day both will be part of the EU, we see a continuing (diplomatic) war being waged among these two countries. It makes no sense to see Serbia try so hard for something which is a done deal. Even if it achieves its dream to ask the ICJ for an opinion on Kosovo’s independence, it is very probable that the decision will be in favor of its independence. But the real question is, what happens with all that time which would be lost while awaiting to hear the final word? What happens with the processes that need to be taken forward; the economic impoverishment which has suffocated the majority of Western Balkans; the disproportional development of these countries compared to countries of the same continent; the hopes of people who dream to be able to travel freely in what they consider they home; the possibility for an exchange of knowledge, scientific understanding and cultural inheritance? The list is long, and one cannot wait for these things to take place. One wants to act, to change the current settings which have engulfed people and won’t let them raise up.

We are talking here the ability to choose the right path. If the end-result is already known, why bother spend time and energy?

 

By Arlind V. Bytyqi, Geneva - CH
arlindvb(at)newkosovareport.com