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I am reading 'The ABC of EU law' on page 22, where I found a footnote referencing the source that states,

The prospect of future EU membership has also been offered to Bosnia and Herzegovina and Kosovo.

I then looked up S/RES/1244 but couldn't find any mention of future membership for Kosovo in the Resolution. The only relevant paragraph I found is as follows:

  1. Welcomes the work in hand in the European Union and other international organizations to develop a comprehensive approach to the economic development and stabilization of the region affected by the Kosovo crisis, including the implementation of a Stability Pact for South Eastern Europe with broad international participation in order to further the promotion of democracy, economic prosperity, stability, and regional cooperation.

Now, I want to be sure whether this paragraph indicates the potential for Kosovo to become a member of the EU?

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    I’m voting to close this question because potential does not say they will or when - Turkey had been at some point tried to become a EU member candidate! Sorry, but this is about politics, not law.
    – Trish
    Commented Oct 5, 2023 at 16:53
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    @Trish I don't ask political question. I want to know why the author of this book referred prospect of some countries such as Kosovo to be member of EU with this Resolution 1244. After reading the Resolution, I tried to find the paragraph(s) that would be related to this issue. Then I asked here whether I found a relatable paragraph or not.
    – Toobatf
    Commented Oct 5, 2023 at 18:16
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    @Trish Turkey is a member candidate and has been for nearly 24 years.
    – phoog
    Commented Oct 6, 2023 at 1:01
  • @Trish Yes, the EU is strict to accept new Member according to their criteria.
    – Toobatf
    Commented Oct 6, 2023 at 9:58

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Here is the full paragraph from the paper you cite along with its footnote:

The former Yugoslav Republic of Macedonia and Albania have official candidate status, which was granted in 2009 and 2014, respectively. The prospect of future EU membership has also been offered to Bosnia and Herzegovina and Kosovo (footnote 1).

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(footnote 1) As defined by United Nations Security Council Resolution 1244.

The footnote does not claim that this security council resolution offered the prospect of future EU membership to Kosovo; after all, the UN security council is not capable of making such an offer.

The thing "defined by" resolution 1244 is Kosovo itself. It is necessary to cite that fact in an official publication of the European Commission because not all members of the European Union have recognized Kosovo.

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    I get the feeling that the poster seeks assurance of an accession process. (I don't know if he or she has personal stakes.) Law is the wrong place to seek, it will be a political question. And likely decided by questions of politics rather than law, unless Kosovo manages to become a stable and prosperous democracy first. The EU has too many members who use their veto power to extract more subsidies from the rest.
    – o.m.
    Commented Oct 6, 2023 at 5:39
  • @o.m. I changed the title to avoid misunderstanding. Thank you!
    – Toobatf
    Commented Oct 6, 2023 at 9:56
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For practical purposes, admitting a candidate country which does not meet the Copenhagen criteria, did not implement the acquis communautaire, and did not go through a lengthy adjustment period would be a disaster for the candidate country (and, to a lesser degree, for the EU).

Legally, the unanimous consent of the current members is required to admit a new candidate, and the unanimous consent can also alter or waive any previously stated requirements. The EU is not a sovereign entity. The EU has been delegated the exercise of sovereign rights by the members. What the members decide, goes.

The UNSC resolution you describe has rather vague statements towards regional cooperation and security, and the autonomy of Kosovo within Yugoslavia which could be read as a route towards statehood for Kosovo (and Bosnia). Such statehood is generally considered necessary for accession. The UNSC resolution could also be read as affirming the continuing existence of Yugoslavia, but that is history.

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  • Thank you for your explanation! I know that the accession procedure would be not only challenging for candidate, but also for all current Member States of the EU. I want to know that I found the relatable paragraph from the Resolution which the author referred to.
    – Toobatf
    Commented Oct 5, 2023 at 18:22
  • @Toobatf, my political estimate is that the current EU members will not admit any new members until there has been significant internal reform, and that some current members will block such a reform. The political dynamics might change for Ukraine, depending on the outcome of the war, but not for Kosovo.
    – o.m.
    Commented Oct 5, 2023 at 18:27
  • So could I assume that this paragraph from the aforementioned Resolution is merely suggestion and does not encourage the EU to accept Kosovo as a new Member State?
    – Toobatf
    Commented Oct 5, 2023 at 18:35
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    @Toobatf, what is the difference between 'encouragement' and 'suggestion?' I see none. At the time, the UNSC wanted peace and prosperity, and hoped that someone would pay for the prosperity.
    – o.m.
    Commented Oct 5, 2023 at 18:40
  • Thank you! I got it.
    – Toobatf
    Commented Oct 5, 2023 at 18:44

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