The lack of consensus in the European Union on the independence of Kosovo, is had because the Member States have made prevail their own national interests over those of the EU and the International Law. Kosovo's unilateral Declaration of independence, violates International Law and the only applicable legal basis, the Security Council Resolution 1244 (1999). In addition, the recognition and support to independence can bring about the destabilization of the Balkans region and a return to the ethnic and nationalist violence. On the other hand, the different activities from the EU after independence, face a series of legal problems with a hard solution. This situation, represents, obviously, a tremendous failure of the European foreign policy in the International scene.