The EU and non-recognized territorial entities – the CJEU's judgment in Case C-632/20 P Spain v. Commission (Kosovo)
| Published date | 01 October 2023 |
| DOI | http://doi.org/10.1177/1023263X231217984 |
| Author | Eva Kassoti |
| Date | 01 October 2023 |
The EU and non-recognized
territorial entities –the CJEU’s
judgment in Case C-632/20 P
Spain v. Commission (Kosovo)
Eva Kassoti*
Abstract
The coming of age of the EU as a global actor and the proliferation of its activities on the
international plane entail that its courts are increasingly faced with complex and politically
laden questions pertaining to territorial entities whose international legal status is far from
clear. The EU’s engagement with Kosovo is a salient example. Due to strong opposition
by some Member States, the EU has not recognized Kosovo as an independent State, but
it has developed a policy of engagement therewith. However, this pragmatic approach
does not resolve the underlying political tensions and legal questions arising from the EU’s
dealings with non-recognized territorial entities, as Case C-632/20 P Spain v. Commission
(Kosovo) attests to. The judgment is significant: (a) for the EU’s growing engagement with
non-recognized territorial entities since it clarifies the meaning of the concept of ‘third coun-
try’and confirms that such entities may participate in EU agencies; (b) for the EU’s engage-
ment with Kosovo –particularly in the light of Kosovo’s 2022 bid for EU membership; and (c)
more broadly, for answering institutional questions pertaining to third-country participation
in EU agencies.
Keywords
Kosovo, interpretation, Statehood, recognition, non-recognized entities, effectiveness
1. Introduction
The coming of age of the EU as a global actor and the proliferation of its activities on the inter-
national plane entail that its courts are increasingly faced with complex and politically laden
*
T M C Asser Institute, Den Haag, Netherlands
Corresponding author:
Eva Kassoti, Senior Researcher, T M C Asser Institute, R.J. Schimmelpennincklaan 20-22, Den Haag, 2500 GL, Netherlands.
E-mail: E.Kassoti@asser.nl
Case Note
Maastricht Journal of European and
Comparative Law
2023, Vol. 30(5) 642–652
© The Author(s) 2023
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DOI: 10.1177/1023263X231217984
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