EULEX supports the Kosovan rule of law institutions on their path towards increased effectiveness, sustainability, multi-ethnicity and accountability, free from political interference and in full compliance with international human rights standards and best European practices.
After signing a five-point plan between Serbia and the UN, the UN Security Council approved the addition of EULEX as an assistance mission subjected to UNMIK, rather than outright replacing it.
The Mission included around 3,200 police and judicial personnel (1,950 international, 1,250 local), and began a four-month deployment process on 16 February 2008.
[9] Spain for instance did not take part in the EULEX mission, since legal questions over how it replaces the UN administration have not been answered, according to the Spanish government.
The Stabilization and Association Agreement with Serbia[12] was seen as ensuring the unity of the EU on the question, however the Presidency announced it would not amount to recognition of an independent Kosovo.
EULEX is legally based on United Nations Security Council Resolution 1244, which introduced the international rule of Kosovo in 1999.
In November 2008, the EU accepted the demand of Serbia not to implement the Ahtisaari Plan through EULEX and to be neutral regarding the status of Kosovo.
The attack was organised by a group called Vetëvendosje ("Self-Determination") in reaction to EULEX's police cooperation with Serbia and its actions in Kosovo.
The Strengthening Division (SD), in full close cooperation with other EU actors, supported Kosovo's rule of law institutions at the senior management level in their progress towards sustainability and accountability.
It supported also the Kosovo Correctional Service with mobile capacity to focus on handling of high-profile detainees, prisons and detention centres, including the Mitrovica Detention Centre, and provided support to the Kosovo Police (KP) senior management, including a mobile capacity for police to address structural and organisational weaknesses to improve targeting of serious criminality, including terrorism, corruption, organised crime and specialised units.
In the area of privatisation matters, the mandate of EULEX Judges was restricted to cases falling within the jurisdiction of the Special Chamber of the Supreme Court of Kosovo.
Under its current mandate extended until 14 June 2025, EULEX undertakes monitoring, mentoring, and advising activities and has limited executive functions.
When the Panel determines that a violation has occurred, its findings may include non-binding recommendations for remedial action by the Head of Mission.
Although the EU helped to build capacity, notably in the area of customs, assistance to the police and the judiciary has had only modest success.
[19] According to Andrea Capussela, a former ICO high official, from 2008 to 2013, EULEX policy was to not encroach upon the political elite's interests, or to only do so to protect its credibility; and in these cases to achieve the minimum necessary result.
In his proposal on the steps to be taken to de-escalate the situation in north Kosovo, Prime Minister Albin Kurti pledged to provide full access and monitoring by EULEX and interested human rights NGOs of judicial proceedings in relation to perpetrators of violence.
This meant that the Mission could not stand as defendant in relation to an application by an Italian company, Elitaliana SpA [it], who alleged that they had been wrongly denied a helicopter support contract the previous year.
[24] EU High Representative Federica Mogherini said she would appoint an independent legal expert to probe Eulex.
[27] In November 2017, chief judge Malcolm Simmons resigned and accused EULEX and several senior members of corruption and malpractice.
[28] In response to the accusations, EULEX stated in November 2017 that Simmons himself had been under investigation due to serious allegations against him, which at the time had not been concluded.