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The EU's police and civil administration mission for Kosovo, EULEX, is set to start work side-by-side with the existing UN mission, UNMIK, in a legal and organisational mess surrounding Kosovo's struggle to establish independence.

A new UN resolution drafted in 2007 was to see UNMIK cede powers to the government of an independent Kosovo, supported by the 2,200-strong EULEX police and customs force and overseen by an EU special representative and his International Civilian Office. Russia blocked the new UN resolution but Kosovo declared independence unilaterally on 17 February, creating the current situation in which just 20 of the 27 EU states have recognised Kosovo independence and just 300 EULEX officials have so far been deployed.

The legal problems encountered by EU-Lex, the EU mission in Kosovo, could soon be solved, with diplomats currently in talks over plans to share the leadership with UNMIK, the United Nations peace-keeping mission.

Background: The EU decided in February 2008 to deploy a 2,200 strong 'Rule of Law' mission to Kosovo under the name 'EU-Lex Kosovo'. Its deployment has already started, after having been delayed for both technical and political reasons.  The initial objective was for EU-Lex to take over from UNMIK, the civilian mission established in the Serbian province following the adoption of UN Security Council Resolution 1244 in June 1999. But Serbia and Russia strongly protest against EU-Lex, because this mission has not been endorsed by the UN Security Council (EurActiv 16/04/08). The objective of setting up an EU mission in Kosovo is highly political. The EU has ambitions to take over the post-crisis management of a territory on European soil. It previously failed to do so in 1999 when it had to resort to NATO to stop the ethnic cleansing and acts of extreme violence perpetrated by the regime of Slobodan Milosevic. 

Under plans originally foreseen by the EU, the 2,200 strong EU-Lex mission would eventually replace UNMIK as the leading rule-of-law mission in the new-born state of Kosovo.  But faced with rejection from Serbia and Russia, which have both challenged the mission's legal legitimacy, diplomats are now drawing up plans for the two missions to co-exist under joint command.  The solution would provide the EU with a face-saving trick, according to diplomats who were speaking to EurActiv on condition of anonymity. This is because UNMIK has already been accepted by Serbia and Russia, which has a permanent seat at the UN Security Council.