Talks between Kosovo and the European Union on amendments to the Law on the Specialist Chambers could become an opportunity to rebuild the trust of European partners and inject new momentum into Kosovo’s membership bid at the Council of Europe, which has been stalled for more than two years.
Experts on European affairs believe Kosovo’s approach to these amendments could demonstrate its commitment to the rule of law and to meeting its international obligations, both of which carry significant weight in the process of joining the Council of Europe.
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In 2024, Kosovo came very close to joining the organization, but the process was blocked by political demands from some member states, mainly those related to the Association of Serb-majority municipalities.
Although consultations on the Law on the Specialist Chambers and Kosovo’s Council of Europe membership bid are separate processes, experts see them as politically connected.
Ramadan Ilazi of the Kosovar Centre for Security Studies (QKSS) points out that many of the states involved in deciding whether to admit Kosovo are the same ones closely monitoring its fulfillment of international obligations.
However, reaching an agreement with the EU on the legal amendments would not automatically unblock Kosovo’s membership bid.
The final decision rests with the Council of Europe’s member states, while their political demands, particularly those concerning the Association, remain unresolved.
A test of relations with Europe
On November 5, European Commissioner for Enlargement Marta Kos announced that the European Union was holding talks with Kosovo’s government on amendments to the Law on the Specialist Chambers, also known as the Specialist Court.
However, the government has not publicly provided details of the talks and did not respond to questions from Radio Free Europe about their progress or content.
In his remarks at the Paris Peace Forum on November 10, Prime Minister Albin Kurti did not mention the legal amendments, but said that dissatisfaction with the Specialist Court’s judgment should be addressed through the appeals process.
The amendments, proposed by the Democratic Party of Kosovo, were approved by parliament on October 6, following protests sparked by the first-instance conviction of four former Kosovo Liberation Army leaders.
On September 16, the Specialist Court in The Hague handed down sentences for war crimes: former President Hashim Thaçi and former Parliament Speaker Jakup Krasniqi were each sentenced to 25 years in prison, former Parliament Speaker Kadri Veseli to 18 years, and former MP Rexhep Selimi to 13 years.
Among other things, the amendments are intended to limit the jurisdiction of the Specialist Court and change several provisions relating to procedures and sentences.
The European Union opposed the amendments, warning that they run counter to Kosovo’s international obligations and could jeopardize the court’s independence.
On October 22, Kosovo President Justina Shiroka Pula returned the law to parliament for reconsideration.
Under parliament’s rules of procedure, the responsible committee has four weeks from receiving the law to prepare a report for the plenary session.
The EU welcomed the president’s decision and called for consultation on any further amendments, in accordance with the 2014 exchange of letters between Kosovo and the EU.
In its November 4 report, the European Commission also warned that the proposed amendments raised serious concerns about Kosovo’s international obligations, judicial independence, the protection of victims and witnesses, and accountability for war crimes.
Engjëllushe Morina, a senior policy fellow at the European Council on Foreign Relations, based in Berlin, warns that changes to the Law on the Specialist Chambers could become an additional obstacle for Kosovo on its path to the Council of Europe.
She believes that now, with stable institutions in place, Kosovo should strengthen its cooperation with the EU and its diplomatic engagement on European integration.
“Kosovo has no more time to lose. Given the political context in Europe, things are moving very quickly, and 2027, with national elections in many member states, could change the political landscape in the EU. This could leave Kosovo with even less support,” Morina told Radio Free Europe.
For Ilazi, consultations with the EU could provide an opportunity to show that Kosovo is ready to address its European partners’ concerns through dialogue and institutions.
“If the amendments are made unilaterally, existing reservations will only grow stronger. If they go through serious consultations, Kosovo strengthens its case” for membership in the Council of Europe, he said.
Ilazi believes concerns about how the Specialist Chambers have conducted the judicial process are legitimate, but says they should be addressed through dialogue and institutional mechanisms, not unilateral legal amendments.
This position was also reflected in a joint statement published on November 1 and signed by Ilazi alongside 20 academics, activists and civil society representatives from Kosovo and abroad.
In the statement, the signatories called for concerns about the judicial proceedings in The Hague to be addressed while respecting the rights of the accused, justice for victims and Kosovo’s international obligations.
Ilazi stresses that justice for victims should not create the impression that the liberation war itself is on trial, while victims and their families from all communities deserve truth and accountability.
“These principles must be respected together and without discrimination. That is also the message Kosovo should send to the Council of Europe,” he said.
In his view, addressing sensitive issues through institutions, expertise and dialogue would send an important message to Strasbourg and European capitals.
The Association, an obstacle that remains
Beyond the debate over the Specialist Court, another political obstacle continues to hold up Kosovo’s membership in the Council of Europe: the Association of Serb-majority municipalities.
On April 16, 2024, the Parliamentary Assembly of the Council of Europe recommended Kosovo’s admission, with 131 votes in favor, 29 against and 11 abstentions.
But just a month later, Kosovo’s application was not included on the agenda for a meeting of the Committee of Ministers, the body that makes the final decision on membership.
Several member states, including Germany and France, called on Kosovo to refer the EU-prepared draft statute of the Association to the Constitutional Court for review, as evidence of its commitment to agreements reached in the dialogue with Serbia.
Kosovo’s government initially opposed the demand. Later, then-Foreign Minister Donika Gërvalla announced that she had sent a letter to the Council of Europe, pledging that the draft statute would be referred to the Constitutional Court by the end of May 2024.
However, this was not enough to unblock the process.
According to Ilazi, the demand concerning the Association was not a formal membership criterion, but a political condition imposed by some member states.
He believes the Parliamentary Assembly’s positive recommendation showed that Kosovo met the main standards for admission.
“So, the problem today is not that Kosovo is unprepared. The problem is a lack of political trust. That trust can be built, but it requires sustained and coordinated work,” Ilazi said.
There has been no public confirmation that the states that made the Association a political condition have dropped that demand.
Radio Free Europe contacted Kosovo’s Ministry of Foreign Affairs to ask whether the Association remains a condition for membership and what steps are needed to secure the support of member states. It also asked the Council of Europe to clarify the outstanding conditions and whether Kosovo’s application could be considered at the next ministerial meeting.
Neither institution had responded by the time the article was published.
According to Morina, the condition concerning the Association “is still there,” and it remains to be seen how Kosovo will address the issue in its dialogue with Serbia.
Ilazi also says that, for some European states, the Association remains an indicator of Kosovo’s willingness to fulfill the commitments it made in the dialogue.
He believes referring the draft statute to the Constitutional Court should not be seen as a political concession, but as a mechanism to ensure that any solution complies with Kosovo’s constitutional order.
“It is a constitutional procedure that protects Kosovo itself, because the Court ensures that any solution is consistent with the Constitution and the state’s unitary character. Kosovo should take this step, but not in silence and not as an isolated action,” Ilazi stresses.
In his view, Kosovo should first secure political guarantees from its main European partners and the United States that such a step would pave the way for its application to be considered.
Could 2027 offer a new opportunity?
On November 10, Montenegro took over the six-month rotating presidency of the Council of Europe’s Committee of Ministers, succeeding Monaco.
Its presidency will conclude on May 12, 2027, when the next annual ministerial meeting is scheduled to take place in Montenegro.
However, there has been no confirmation that Kosovo’s application will be included on the agenda for that meeting.
Under the Statute of the Council of Europe, the Committee of Ministers must secure the support of two-thirds of all representatives entitled to participate in the body to admit a new member.
This means that, in addition to meeting the required standards, Kosovo also needs broad political support from member states.
For Ilazi, putting the application on the 2027 agenda will require coordinated diplomatic engagement and concrete steps in relations with European partners.
“That requires three things: improving relations with the EU, including a solution to the Law on the Specialist Chambers reached through consultation; credible steps in the dialogue; and a coordinated diplomatic campaign targeting hesitant states,” he said.
Membership in the Council of Europe would give Kosovo access to the European human rights protection system, including the possibility for individuals under its jurisdiction to apply to the European Court of Human Rights.
