EU Peacebuilding in Kosovo and Afghanistan

Legality and Accountability

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In EU Peacebuilding in Kosovo and Afghanistan: Legality and Accountability Martina Spernbauer offers a comprehensive account of the EU's peacebuilding toolbox in light of the Union's constitutional architecture under the Treaty of Lisbon. A detailed analysis of EU peacebuilding in Kosovo and Afghanistan, with a focus on the security and justice sectors, demonstrates that the Union's continuous dichotomy between the Common Foreign and Security Policy (CFSP) and other Union policies is difficult to maintain for this multi-faceted, comprehensive policy framework, which lies at the interface of security, justice and development. Within this analysis, the central questions of compliance of EU external action with international law and international human rights law in particular under CFSP, as well as accountability towards third countries and their nationals are addressed.
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Biographical Note

Martina Spernbauer, Ph.D. (2012), European University Institute, has worked for the European Union in Brussels, Kosovo and Afghanistan. She has published on various aspects of International Law and EU external relations, including EU membership conditionality.

Table of contents

INTRODUCTION

PART I. LAW ENFORCEMENT IN A PEACEBUILDING ENVIRONMENT

Introduction

Chapter 1. Peacebuilding as a Policy Framework at the Interface of Security, Justice and Development
1.1. Introduction
1.2. Evolution of the Concept of Peacebuilding at the UN in Context
1.3. Peacebuilding as Policy Framework for the International Community
1.4. Peacebuilding at the Security-Justice-Development Nexus
1.5. Conclusion

Chapter 2. The Legislative and Institutional Framework in Kosovo
2.1. Introduction
2.2. Kosovo’s International Constitutional Order: Resolution 1244
2.2.1. The Exercise of Public Power under Resolution 1244
2.2.2. Kosovo under the “Constitutional Framework”
2.2.3. Failed Status Negotiations Entailing a Messy Transition
2.3. Kosovo’s Internationalized Constitutional Order until 2012
2.4. The Law and Practice Discrepancy: the Institutions
2.5. Conclusion

Chapter 3. The Legislative and Institutional Framework in Afghanistan
3.1. Introduction
3.2. The Bonn Agreement
3.3. The 2004 Afghan Constitution
3.4. State Failure in the Law Enforcement Sector
3.5. Afghanistan’s Informal Administration of Justice
3.6. Conclusion

PART II. THE EU PEACEBUILDING TOOLBOX FOR SUPPORT TO THE LAW ENFORCEMENT INSTITUTIONS
Introduction
Chapter 4. Non-CFSP Assistance to the Law Enforcement Institutions
4.1. Introduction
4.2. The Development Cooperation Instrument – all Aims but One?
4.3. The Pre-Accession Instrument – Transporting the acquis Abroad
4.4. The Instrument for Stability – Crisis Response Action and Beyond
4.5. The European Instrument for Democracy and Human Rights
4.6. Programming and Allocation Principles - A Regulated Procedure
4.7. Operationalisation in Kosovo
4.8. Operationalisation in Afghanistan
4.9. Conclusion

Chapter 5. CFSP Assistance to the Law Enforcement Institutions: CSDP Operations
5.1. Introduction
5.2. Civilian CSDP Missions and their Fields of Operations
5.3. EULEX Kosovo
5.4. EUPOL Afghanistan: Police Training and Rule of Law Engagement
5.5. Conclusion

Chapter 6. Constitutional Requirements for EU Peacebuilding
6.1. Introduction
6.2. Non-affection Clauses and their Jurisdictional Progeny
6.3. Neutrality of Institution-building in EU Peacebuilding
6.4. Conclusion

PART III. THE EU PEACEBUILDING TOOLBOX UNDER SCRUTINY
Introduction
Chapter 7. EU Peacebuilding under a “Legality” Test
7.1. Introduction
7.2. Authorisation through Consent of the Host or Beneficiary State
7.3. Authorisation through Delegation of Chapter VII Powers
7.4. Conclusion

Chapter 8. EU Peacebuilding under an “Accountability” Test
8.1. Introduction
8.2. Attribution of Unlawful Conduct in the Context of CSDP Missions
8.3. Accountability in the Context of non-CFSP Peacebuilding
8.4. Issues of Enforceability
8.5. Rights without Remedies in CSDP?
8.6. Conclusion
FINAL CONCLUSION

Readership

All those interested in EU external action, EU constitutional law and international law, as well as those looking for a comprehensive yet detailed account of EU peacebuilding in the two very different contexts of Afghanistan and Kosovo, will find a seminal new text in EU Peacebuilding in Kosovo: Legality and Accountability.

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