Legal Creativity in EU External Relations: The Stabilization and Association Agreement Between the EU and Kosovo

In: European foreign affairs review, Band 22, Heft 3, S. 393-409

Abstract

This article puts the specific features of the Stabilization and Association Agreement (SAA) between the EU and Kosovo in perspective. In particular, it analyses how the unsolved issue of Kosovo's recognition affects the scope and content of the agreement. For this purpose, the SAA with Kosovo is compared to the SAA with Serbia. Despite the at first sight comparable structure of both agreements, the absence of mixity in the SAA with Kosovo as well as the reservations regarding its international legal status lead to a number of noticeable differences, in particular as far as the rules regarding entry and residence of Kosovo nationals are concerned.