O C T O B E R - D E C E M B E R 2 0 1 8 | I S S U E 1 EPIK BEGINNINGS The Newsletter of the European Policy Institute of Kosovo MORE IN THIS ISSUE: Visa liberalisation - 2 Dialogue - 4 Candidate status - 6 SAA & ERA - 7 EPIK impact - 9 We were thrilled to launch the work of EPIK institute on 10 October INTRODUCTION 2018. As we came to a closure of 2018, the time quickly came to publish our first newsletter. As anything that is done for the first time, it is our unique pleasure to share with you the work of these last three months. By Demush Shasha, There were many things on our plate. Visa liberalization and dialogue on normalization of relations dominated a national discourse. European Executive Director Parliament for the first time used "state capture" to define the state of affairs in Kosovo, whereas on the other hand EU was labelled as "albanophobic" by Kosovo politicians. On reforms end - promises flourished, but actions withered. On a different note - we had a lot of fun :). Public policy-making is the most powerful tool of improving everyday life of ordinary citizens. We truly believe in this and we have been blessed with an amazing team of individuals. Yet, these were challenging times. Times when every public policy alternative should be wittily crafted and cautiously supported with facts. We hope we have offered a modest contribution to this end. VISA LIBERALIZATION Infographic: Number of high-level cases of An epic public-policy conundrum corruption concluded with final court decision Visa liberalisation was by far the most debated issue during 2018. It was naturally so, as an issue of the largest public interest in Kosovo. Since the beginning of this year, representatives of the ruling coalition promised visa-free travel to the citizens of Kosovo in 2018. This was done despite an evident lack of progress in fight against high-level corruption and organized crime, as an outstanding criteria to be met. Promises were made in spite of continuous calls from the representatives of the EU institutions and member states to refrain from mentioning any timelines. In this light, not a single representative of the EU institutions or member states ever committed to any specific date with regard to the visa liberalisation. Calls were continuously made to keep meeting all criteria stemming from the visa liberalisation roadmap, whereas EU will deliver once criteria were met. Once the legislative process of amending the Regulation 539/2001 reached the Council, we witnessed that member states questioned Kosovo progress in fight against corruption. Furthermore, they noted that Kosovo had regressed on rule of Infographic: Who promised visa-free travel by law issues. the end of 2018? In 2016, Kosovo had 0 high-level cases of corruption concluded with final court decision. That number remains the same today. Throughout 2018, Kosovo institutions offered unrealistic promises and failed to manage public expectations with regard to visa liberalisation. As late as mid-December, high-level representatives of the ruling coalition continued to repeat that visa liberalisation can happen in the next few days. Ultimately, failure to deliver on visa liberalisation became a favorite memes subject on social networks and a synonym for the biggest public policy failure in 2018. In 2016, Kosovo had 0 high-level cases of corruption concluded with final court decision. That number remains the same today. VISA LIBERALIZATION Since our launch, we tried to offer a modest contribution in the visa liberalisation public discourse. We examined facts, conducted research, published press releases, designed explanatory infographics and videos, gave interviews and took part in public debates. We continuously underlined the need for an independent judiciary system, free from undue political interference. We noted with concern that there is no progress in fight against high-level corruption. On the basis of internal EU procedural legal requirements, lack of progress on fight against high-level corruption and experience of last countries benefiting from the visa liberalisation we communicated that it is impossible to travel visa-free this year. We condemned public accusations by high-level representatives of the ruling coalition who blamed the EU and its member states for the lack of visa liberalization. They went so far to use language with elements of ethnic hate towards the European Union. Visa liberalisation saga of 2018 will go down in the modern Kosovo history of governance as a single biggest failure of any Government. Irony lays in the fact that it was a self-inflicted one. As we write this newsletter at the closure of 2018, life continues and Kosovo citizens remain the only in the Western Balkans without a basic freedom of movement. Infographic: 8 steps to visa-free travel It is our only hope that in 2019, instead of resorting to new unrealistic promises and baseless accusations of Kosovo's strategic partners, national institutions will have learned a lesson. Rule of law is fundamental to any progress in the European integration process. It is not a criteria, that is to be met - it is a value; a value that must be cherished on daily basis. Progress must be made in fight against corruption. Not because of the visa liberalisation, but because of every each one of us who call this country - a home. Rule of law is a fundamental to any progress in the European integration process. It is not a criteria, that is to be met - it is a value; a value that must be cherished on daily basis. DIALOGUE FOR NORMALIZATION OF RELATIONS From technical dialogue to border change, real quick Dialogue for normalization of relations between Kosovo and Serbia started in 2011, based upon the UN Resolution 64/298. Facilitated by the EU, the technical dialogue had an objective to help in resolving technical issues that can improve daily life of citizens in both countries. Since 2011, political scene in Kosovo was adamant - statehood of Kosovo will never be subject of discussion. Same position was articulated by the US, EU and its member states. Simultaneously, Serbia's position was clear - dialogue is a tool through which Serbia aims division of Kosovo. Fast forward to 2018 - a birth to an idea of border correction is given. An idea that caused public confusion, polarization of internal political scene, and discord among international partners. A launch of the discussion of Kosovo territory, which, in addition to population and the exercise of power, constitutes three basic elements for the recognition of the statehood of a country has undermined the international subjectivity of the Republic of Kosovo. Since the inception of the border discussion, we have witnessed a dramatic decrease in the number of recognitions. In 2011 - we Infographic: Impact of the dialogue on the had 12 recognitions, 2017 - 2 recognitions and 2018 - 1 recognitions recognition. Furthermore in 2018, for the first time, we witnessed the political actions of countries that have sent verbal notes for withdrawal of recognitions. Fast forward to 2018 - a birth to an idea of border correction is given. An idea that caused public confusion, polarization of internal political scene, and discord among international partners. DIALOGUE FOR NORMALIZATION OF RELATIONS Launch of border correction discussion, weakened Kosovo's international subjectivity by reinstating Serbia's role as a determining factor in the definition of Kosovo's statehood. A statehood that has been recognized by 116 countries, and confirmed by the International Court of Justice which legalized the Declaration of Independence as a basic norm of our constitution. In addition to normalizing relations between the two countries, the dialogue aimed at advancing the integration path of Kosovo and Serbia. Almost eight years after the launch of the dialogue, Serbia has asymmetrically benefited from the dialogue. Since the beginning of the dialogue, Kosovo launched the visa liberalization process and got the Stabilization and Association Agreement. In the meantime, Serbia got candidate status, opened accession negotiations and started negotiations in 16 chapters. We have continuously underlined that dialogue should be developed on the premises of Kosovo's sovereignty and territorial integrity. Consensus needs to be built through a transparent and inclusive process, always respecting the legal and constitutional avenues in order to reach a a political consensus - not vice versa. Infographic: Who benefited from the dialogue? On a concluding note, dialogue has no alternative. Good neighborly relations is not just legal SAA obligation of both countries, it is also one of the fundamental EU values. In this light, any agreement must: (1) be based upon the international law; (2) preserve multi-ethnic society of Kosovo and (3) offer contribution to the stability of the region. Launch of border correction discussion, weakened Kosovo's international subjectivity by reinstating Serbia's role as a determining factor in the definition of Kosovo's statehood. CANDIDATE STATUS A fairytale In September 2017, Government presented to the Assembly its political Program. Among other, Program pledged that by the end of 2018, Government will apply for the candidate status. Moreover, on 6 February 2018, the Government went further then just applying for the candidacy, it stated "Year 2018 should be the year when Kosovo with its work and dedication gets candidate status and visa liberalization for its citizens." Today, as we reminisce of 2018 we can generously describe Government pledge to candidate status as an excellent example of wishful thinking. Year 2018, saw an unprecedentedly low level of reforms. In 2016, SAA implementation stood at 55%, in 2017 that figure rose slightly to 62%, only to plummet to 21% in 2018. Out of 22 European Reform Agenda priorities, only 4 were fully met. We have underlined from the outset, that a successful Infographic: Road to Candidate Status candidate application must meet 2 key conditions: (1) convincing track-record of SAA reforms; (2) positive political environment within the EU.