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Kosovo’s Quest for Council of Europe Membership

In 2014, Kosovo became a member of two Council of Europe (CoE) partial agreements: on the Development Bank and on the European Commission for Democracy through Law (the Venice Commission). More recently, the Government of Kosovo expressed an interest in joining the CoE. This article examines, in the context of Kosovo’s contested statehood, the conditions and procedure for Kosovo’s possible admission to the CoE and describes, in the form of an early warning, the key legal and policy issues that could arise in this process. Insofar as membership criteria are concerned, the article examines Kosovo’s ability to exercise jurisdiction over its territory. In this regard, the case of Azemi v. Serbia before the European Court of Human Rights (ECtHR or the Strasbourg Court) and the EU-facilitated agreements between Belgrade and Pristina are considered. In addition, the article argues that that the direct applicability of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the ECtHR’s case law in Kosovo are evidence of Kosovo’s commitment to fulfilling one of the essential membership criteria. Regarding Kosovo’s prospects for admission, the article submits that the recognition of Kosovo by more than two-thirds of the Council’s member states is an indicator that, in principle, Kosovo could ensure the votes necessary for admission. However, it also highlights the specific challenges Kosovo may encounter in its membership path due to complex admission procedures within the CoE Committee of Ministers and the composition of the members of the CoE Parliamentary Assembly (PACE).