The European Union has welcomed Kosovo President Justina Shiroka Pula’s decision to return the Law on the Kosovo Specialist Chambers in The Hague to Parliament for reconsideration, adding that it expects to be consulted if discussions on the legislation resume.
“The EU has consistently expressed deep concern about the initiative to amend the Law on the Kosovo Specialist Chambers, both before and after its adoption by the Kosovo Parliament on October 6,” an EU spokesperson said.
Shiroka Pula returned the law for reconsideration on October 22 at the request of the Democratic Party of Kosovo (PDK), which had initiated the legislation.
“In the spirit of the exchange of letters between the EU High Representative and the President of Kosovo, which establishes the modalities for consultation with the EU before amending the legislation, we expect the EU to be consulted if discussions resume in Parliament,” the EU spokesperson said.
Through an exchange of letters in April 2014 between Kosovo’s then-President Atifete Jahjaga and EU High Representative Catherine Ashton, Kosovo undertook a series of commitments regarding the Specialist Chambers.
The exchange of letters essentially formed the agreement that established what is now known in Kosovo as the Specialist Court.
Among the commitments Kosovo made at the time was an obligation to consult the EU on any initiative to amend legislation affecting the court’s mandate or judicial proceedings arising from investigations conducted by the Special Investigative Task Force (SITF).
Kosovo also committed to ensuring that the Specialist Chambers and the Specialist Prosecutor’s Office would continue operating until the relevant investigations and proceedings were completed.
On October 22, the PDK announced that it had asked the president to return the law to Parliament for reconsideration, arguing that the process was intended to supplement certain provisions and strengthen the law’s legal certainty.
“The reconsideration aims to ensure a final professional review and address elements that could hinder its implementation. The request is for the law to be returned to Parliament, not to the government or for the process to start from scratch,” the PDK said in a press statement.
Kosovo’s largest opposition party said the reconsideration should serve to finalize the law and bring it into force. The PDK said it expects the law to be reconsidered and enter into force within four weeks.
The decision to return the law to Parliament has been criticized by the Alliance, which had supported the legislation.
Meanwhile, Prime Minister Albin Kurti’s Vetëvendosje Movement, although it voted in favor of the law, later saw party officials express skepticism about whether the amendments would produce the expected results.
The amendments to the Law on the Kosovo Specialist Chambers followed 21 days of protests against the first-instance war crimes convictions of four former Kosovo Liberation Army (KLA) leaders: Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi.
Among other provisions, the amendments envisage narrowing the court’s jurisdiction and mandate, limiting prison sentences to 15 years, holding Supreme Court proceedings in Kosovo, and making convicted individuals eligible for presidential pardons.
Following the law’s adoption on the evening of October 6, the European community raised concerns about Kosovo’s international obligations and the independence of the Specialist Chambers and the Specialist Prosecutor’s Office.
Legal experts have previously warned that amendments affecting their mandate could raise constitutional questions and create problems regarding the country’s international obligations.
The Specialist Chambers have stated that they were not consulted about the initiative.
Meanwhile, the President of the Specialist Chambers, Ekaterina Trendafilova, has said that the court’s mandate is established by the exchange of letters, Kosovo’s Constitution and the Law on the Specialist Chambers.
In a video message, she argued that the Specialist Court guarantees independent and impartial proceedings in the service of justice. Her remarks have drawn criticism in Kosovo.
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