Kos: Changes to the Law on Special Situations are unacceptable to the EU

European Commissioner for Enlargement, Marta Kos, said that the changes to the Law on Kosovo's Specialist Chambers contradict the country's fundamental obligations towards the EU and are unacceptable.

Speaking ahead of a meeting of EU foreign ministers in Luxembourg on October 12, Kos criticized changing legal rules while court proceedings are still ongoing.

"I want to be clear that the changes to the Law on Specialist Chambers in Kosovo contradict Kosovo's fundamental obligations to the EU. This is unacceptable," Kos said.

According to her, changing the rules during the course of a judicial process conflicts with international standards of the rule of law.

"My message is very simple. European enlargement is moving forward. If candidate countries take steps back, they are not on the right track and will not be able to become EU members," she said.

Kosi's statement comes after the Kosovo Assembly approved, last week, changes to the law regulating the functioning of the Specialist Chambers in The Hague, known as the Specialist Court.

The changes were proposed by the Democratic Party of Kosovo, just five days after the September 16 verdict, when the Specialist Chambers sentenced former Kosovo President Hashim Thaçi and three other former leaders of the Kosovo Liberation Army - Kadri Veseli, Jakup Krasniqi and Rexhep Selimi - to a total of 81 years in prison for war crimes.

All four pleaded not guilty throughout the trial.

The legal changes aim to limit the jurisdiction of the Specialist Chambers, narrowing the time period and categories of criminal offences they can handle.

They provide, among other things, for the reduction of the maximum prison sentence to 15 years, the possibility of appealing to the Supreme Court of Kosovo, and serving sentences in Kosovo.

The EU demands respect for the independence of the Special Chamber

The Kosi statement is the latest warning from the EU regarding legal changes.

On October 8, the European External Action Service stated that the amendments to the Law on Specialist Chambers are contrary to Kosovo's international obligations towards the EU.

In response, the EU stressed that the Specialist Chambers are an independent judicial institution, established through decisions of the Kosovo Assembly in 2014 and 2015, and that their mandate and independence must be fully respected.

The EU called on Kosovo to respect international obligations, guarantee the independence of the court, justice for victims and their families from all communities, as well as the protection and safety of witnesses.

The German Embassy in Pristina expressed similar concerns, emphasizing that the independence of the Specialist Chambers cannot be compromised.

The PDK, on ​​the other hand, opposed the EU's assessment.

The MP of this party, Përparim Gruda, said that the changes do not violate any of Kosovo's international obligations.

According to PDK, the aim is not to close the court, but to limit its mandate in accordance with the purpose for which it was established.

Prime Minister Albin Kurti, meanwhile, had described the changes as urgent and not sufficiently analyzed, although his Vetëvendosje Movement supported them during their consideration in Parliament.

The Specialist Chambers are part of the Kosovo judicial system, but operate in The Hague with international judges and prosecutors.

They were established to address allegations of crimes committed during and after the 1998-1999 war in Kosovo.

The basis for their establishment is also related to Kosovo's international agreements with the EU, including the 2014 exchange of letters, which provided for consultations on legal changes that could affect the court's mandate.

Another obstacle in Kosovo-EU relations

The EU's opposition to changes to the Law on the Special Court adds another point of disagreement in relations between Brussels and Pristina, at a time when Kosovo has not yet received the status of a candidate country for membership in the bloc.

Kosovo applied for membership in December 2022, but remains the only country in the Western Balkans without candidate status.

Its progress towards the EU depends, among other things, on reforms in the rule of law, the functioning of democratic institutions, and the normalization of relations with Serbia.

In its latest enlargement report, the European Commission stressed that rapprochement with the EU is conditional on progress in democracy, the rule of law and respect for fundamental rights.

He also reiterated the importance of normalizing relations with Serbia for Kosovo's European perspective.

Kosovo's path to membership is also complicated by the fact that five EU member states - Spain, Greece, Romania, Slovakia and Cyprus - continue to not recognize its independence./ REL