After the convicting verdict against the former KLA leaders, demands for the abolition of the Special Court have increased on the political scene.
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Professor and jurist Muhamet Kelmendi has reacted to this issue, stressing that the Kosovo Assembly must take institutional steps but cannot close the Special Court’s activity through an ordinary decision.
According to Kelmendi, any intervention in the status or mandate of this court must respect Kosovo’s Constitution, the legislation in force, and the country’s international obligations.
He recalled that the Special Court and the Specialist Prosecutor’s Office were established on a legal basis that includes the international agreement ratified by the Assembly, the constitutional amendment of Article 162, as well as the Law on the Specialist Chambers and the Specialist Prosecutor’s Office.
“The Kosovo Assembly must act. However, due to the legal framework on which these institutions were established, the Assembly cannot simply abolish the Special Court with an ordinary decision. Any change to its status or mandate must be in accordance with the Constitution, the relevant law, and Kosovo’s international obligations,” he stated.
Kelmendi assessed that MPs should analyze the constitutional and legal competencies of the Assembly and determine the institutional procedure for ending the Special Court’s mandate, if the legal conditions for such an action exist.
“Article 162 stipulates that the mandate continues until the European Union Council announces its completion. The Assembly must examine all its constitutional and legal powers and seek the institutional path to close the mandate, if the legal conditions for this are met. This court should be dissolved,” Kelmendi wrote on Facebook.
