The European Union has welcomed the decision of the President of Kosovo, Justina Shiroka Pula, to return the Law on the Kosovo Specialist Chambers in The Hague for reconsideration in the Assembly, adding that it expects to be consulted if discussions on it resume in the Assembly.
“The EU has consistently expressed deep concern about the initiative to amend the Law on Kosovo Specialist Chambers, both before and after its adoption by the Kosovo Assembly on 6 October,” a European Union spokesperson said.
Shiroka Pula returned the law for reconsideration on October 22 at the request of the law's initiator, the Democratic Party of Kosovo.
"In the spirit of the exchange of letters between the EU High Representative and the President of Kosovo, setting out modalities for consultation with the EU before amending legislation, we expect the EU to be consulted if discussions resume in the Assembly," said the EU spokesperson.
Through an exchange of letters in April 2014 between the then President of Kosovo, Atifete Jahjaga, and EU chief Catherine Ashton, Kosovo made a series of commitments regarding the Specialist Chambers.
The exchange of these letters was essentially the agreement that created what is known today in Kosovo as the Special Court.
Among the commitments that Kosovo made at the time was to consult with the EU on any initiative to change laws that have an impact on the court's mandate, or on judicial procedures stemming from investigations by the Special Investigative Task Force (SITF).
Kosovo also pledged to continue the work of the Specialist Chambers and the Specialist Prosecutor's Office until the completion of the relevant investigations and procedures.
On October 22, the PDK announced that it had asked the president to return the law to the Assembly for reconsideration, arguing that this process aims to complete certain provisions and strengthen the legal certainty of the law.
"The review aims for a final professional verification and addressing elements that may hinder its implementation. The request is for a return to the Assembly, not to the Government or to start work from scratch," PDK said in a press release.
The largest opposition party in Kosovo said that the review of the law should serve the finalization and entry into force of the same. PDK said that it expects the law to be reviewed and enter into force within four weeks.
The return of the law to the Assembly has been criticized by the Alliance, which supported it. Meanwhile, Prime Minister Albin Kurti's Vetëvendosje Movement, although it had voted for it, after the vote, party officials expressed skepticism that it would produce the expected results.
The changes to the Law on the Kosovo Specialist Chambers were made after 21 days of protests, where the first-instance conviction verdict for war crimes against four former KLA leaders: Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi was challenged.
The changes to the law, among other things, provide for a narrowing of the jurisdiction of the Court's mandate, sentences of up to 15 years in prison, for the Supreme Court to be held in Kosovo, and for convicted persons to be subject to presidential pardon.
Following the adoption of the law on the evening of October 6, the European community raised concerns regarding Kosovo's international obligations and the independence of the Specialist Chambers and the Specialist Prosecutor's Office.
Legal experts, meanwhile, have previously warned that changes affecting their mandate could raise constitutional issues and problems in relation to the country's international obligations.
The Specialist Chambers have said they were not consulted on the initiative. Meanwhile, the President of the Specialist Court, Ekaterina Trendafilova, stated that the court has a mandate defined based on the Exchange of Letters, the Constitution of Kosovo and the Law on Specialist Chambers.
She argued in a video message that the Special Court guarantees independent and impartial processes in the service of, as she put it, justice. This statement of hers has faced criticism in Kosovo.
