Approximation and Harmonization of Kosovo's legislation with EU Acquis .

• Author: Safet Beqiri
• Position: University of Tirana
• Pages: 298-304

ISSN 2410-759X

Acces online at www.iipccl.org

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Tirana-Albania Vol. 2 No. 1

May, 2016

298

Approximation and Harmonization of Kosovo’s legislation with EU

Acquis

PhD (C.) Safet Beqiri

University of Tirana

Abstract

In this article is presented a summary analysis of the approximation and harmonization

of Kosovo‘s legislation with primary and secondary legislation of the European Union,

specifically with the EU acquis. As a potential candidate country, in its preparations to

approach the integration, Kosovo should focus on examining and analyzing the legislation

on bilateral and multilateral level. This paper aims to analyze the perspective of

approximation and harmonization of Kosovo‘s national legislation with the EU acquis

within the frame of tools or methods and other acts that a candidate country should use

and create an institutional structure for adoption of the acquis. The process of legal

approximation will be very challenging for Kosovo given the complexity of the process

and the needed capacities for local institutions. Nevertheless, a comparative advantage

for Kosovo in this process should be regarded the fact that the drafting and reviewing

process of the legislation is supported by experts from international and local

organizations, although it is obvious that there lack of coordination among them, which

often creates also ambiguities and difficulties.

Keywords: approximation and harmonization, Kosovo, European Union (EU), legislation,

EU acquis, European integration.

Introduction

The aim of the assignment is to explain the approximation and harmonization of

national legislation with EU acquis, which is a long and difficult process of European

integration. But the approximation and harmonization of legislation is a unique

obligation for joining European Union. Kosovo has considered the approximation

of legislation as a part of the EU integration and has begun adoption of legislation

in compatibility with EU legislation (not fully) since the time when Kosovo was

under the international administration by UNMIK.1 UNMIK or United National

Interim Administration Mission in Kosovo was the officially mandated mission of

the United Nations in Kosovo by Security Council resolution 1244 (1999).

Indeed, the adoption of the EU acquis encourages candidate countries and potential

candidate countries like Kosovo to revisit the compatibility of their national

legislation and standards to those of the EU, in order to share the Union‘s common

values (Lisbon Treaty, Article 2, 2009).

With the signing of the Stabilization and Association Agreement, Kosovo has entered

the first contractual relationship with EU. This development has now made clearer

and concrete Kosovo’s aspiration to move towards integration process. Eventually,

1 UNMIK or United National Interim Administration Mission in Kosovo was the officially mandated mission

of the United Nations in Kosovo by Security Council resolution 1244 (1999).