The EU and non-recognized territorial entities – the CJEU's judgment in Case C-632/20 P Spain v. Commission (Kosovo)

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 country’ and confirms that such entities may participate in EU agencies; (b) for the EU's engagement 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.