The Kosovo Assembly is expected to again take up the Law on the Specialist Chambers and the Specialist Prosecutor’s Office. The PDK’s request for its review is part of the agenda of the plenary session, which continues today at 11:00, after the interruption of yesterday’s proceedings.
Lawmakers are expected to address the vote on changes to the law, which have raised concerns from the United Kingdom, the European Union and Germany. According to their warnings, the changes could affect Kosovo’s international relations and raise questions about respect for international obligations and the principles of the rule of law.
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It is still not known what fate the proposals will have, what steps Kosovo’s institutions will take, and how developments could affect former KLA leaders Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi, who are facing judicial proceedings in The Hague.
Analyst Adem Lushaj says the Assembly can review and re-adopt the law if constitutional procedures are followed. He explains that, under Kosovo’s Constitution, the president may return a law for reconsideration only once, while its re-adoption requires at least 61 votes.
According to Lushaj, any change to the content must go through legislative and constitutional procedures, taking into account the president’s remarks as well as the concerns of the European Union and other international partners.
He assesses that the adopted provisions could be important for the legal position of former KLA leaders, especially regarding sentences and other legal options. However, adoption of the law would not automatically mean their release or the end of judicial proceedings: any legal consequence would depend on the validity and enforceability of the relevant provisions.
Referring to reactions from the United Kingdom, the European Union and Germany, Lushaj warns that actions perceived as undermining international obligations or the independence of the Specialist Chambers could bring political and diplomatic consequences. For this reason, he considers consultation with international partners and respect for the constitutional order essential.
In conclusion, Lushaj stresses that Kosovo has the right and responsibility to seek protection of the rights of former KLA leaders and their fair legal treatment. According to him, this should be done through legal arguments and mechanisms, without damaging the international partnership.
Jurist Blerim Burjani, on the other hand, says that the decision on whether to adopt the amendments belongs to political parties and lawmakers. He calls for the process to be concluded as soon as possible, assessing that earlier changes would be more beneficial for the former KLA leaders who are being tried in The Hague.
Burjani opposes a one-sided handling of the changes. According to him, the law should be discussed with the European Union, with its experts and with Kosovo experts, in order to reach agreement on implementation. In the absence of such agreement, he warns of unfavorable consequences.
Faced with concerns expressed by international actors, Burjani calls for a solution that ensures reconciliation between the parties and avoids further clashes. He sees two possible paths: repealing the law or amending it through an agreement between Kosovo and the European Union.
According to Burjani, agreement with the EU is important so that the changes do not remain merely declarative, but can be genuinely implemented.
