The Impact of Judgments in Spain v Commission (Kosovo) on Kosovo EU Membership

Abstract

On 17 January 2023, the Court of Justice delivered its judgment in the Spain v Commission (Kosovo) case, ruling that despite the EU’s non-recognition of Kosovo as a State, Kosovo may participate as a third country in an EU agency under the obligations laid down in Article 35(2) of the BEREC Regulation. The judgment is significant because it clarifies Kosovo’s relations with the EU and, more specifically, the ability of Kosovo as a third country to participate in EU agencies. This article analyses the Court of Justice of the European Union judgments in Spain v Commission (Kosovo) and discusses the impact on the future accession of Kosovo to the EU. The paper argues that while these judgments have a positive effect on the consideration of Kosovo as a ‘third country’ in joining EU bodies and agencies, non-recognition of Kosovo as an independent State by five EU Member States is an obstacle to advancing further its prospects of European integration.

Keywords

• general court
• court of justice
• kosovo
• third country
• third state
• eu regulatory bodies
• eu accession