Following the meeting between PDK leader Bedri Hamza and Prime Minister Albin Kurti, discussions have reopened over a possible agreement between the Democratic Party of Kosovo and the Vetëvendosje Movement. At the center of the talks are the draft law amending and supplementing the Law on the Specialist Chambers of Kosovo in The Hague, as well as the election of the president.
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The PDK has stated that it could negotiate with LVV on other issues as well if the draft law on the Special Court is approved. The election of the president was also discussed during the Hamza-Kurti meeting, although no specific names were mentioned.
Professor Enver Bytyçi has expressed reservations about how such an agreement could be reached. He considers it wrong for the PDK to make concessions over the presidency in exchange for support to amend the law on the Special Court, saying that such a scenario would resemble political bargaining.
In a statement to “Bota sot,” Bytyçi stressed that, despite the differences between the parties, Kosovo needs a compromise with the opposition to avoid another institutional crisis.
He argues that, given the risk of the country going to elections again, any agreement with the opposition could be justified. According to him, the creation of institutions is more important than the effect of a temporary political agreement between the ruling majority and the opposition. A return to elections, Bytyçi estimates, would be a blow to the state, its consolidation, Kosovo’s future and its image in the eyes of its international allies and partners.
However, he raises questions about whether votes can first be secured for the Special Court and then for Kosovo’s president. Bytyçi says LVV would have no moral obstacle to voting for a law that would bring the Special Court back to Kosovo, since the party has opposed its creation. For this reason, supporting the PDK’s draft law to correct the legislation could bring it electoral benefits.
According to the professor, the PDK’s and the Alliance for the Future of Kosovo’s interest in amending the law increased after the Special Court’s decision on September 16, when four former leaders of the Kosovo Liberation Army were convicted. In these circumstances, he estimates that up to 100 votes could be secured for amending the law.
The legal amendment could also be approved with 61 votes, but the opposition does not have that number on its own. For this reason, it needs the support of the ruling majority. At the same time, the majority needs opposition votes for Kosovo to establish its institutions and elect the head of state. Bytyçi says that both objectives could be achieved in this way, the approval of the law and the formation of institutions, with Kosovo emerging as the beneficiary. He also asks what benefit the four convicted men in The Hague, Hashim Thaçi, Jakup Krasniqi, Kadri Veseli and Rexhep Selimi, would gain from such a development.
Bytyçi also warns that the compatibility of the amendments with the Constitution must be examined. He says that a law approved without legal expertise could lead to a new institutional confrontation. If the amendments are unconstitutional, they could be referred to the Constitutional Court for review and, if annulled, would be declared invalid.
According to him, Lista Srpska, or another entity, could file a case with the Constitutional Court. If the law is approved and subsequently annulled, Bytyçi questions the value of such a political investment during such a difficult period for Kosovo.
The professor calls for broad consultations with renowned lawyers and constitutional experts before the vote, while decision-making should be conducted prudently, without haste and without risking a return of the issue to square one.
He notes that the opposition wants the draft law to be voted on before the deadline for electing the president expires, perhaps because of a lack of trust in the potential agreement partner. Bytyçi stresses that Vetëvendosje and Albin Kurti have no reason to oppose a law that does not violate the Constitution. Although the ruling majority would bear responsibility toward the international community, particularly the Council of Europe, he believes it would not suffer electorally in political terms.
Bytyçi describes the election of the president as the most urgent issue. According to him, any agreement should first be finalized through this decision, since time is running out and it is not known whether the head of state will be sworn in before October 6.
Meanwhile, he calls for the draft law on the Special Court to undergo a comprehensive constitutional review. Bytyçi warns that its approval, even if it were in compliance with the country’s basic law, could trigger strong reactions, particularly from the European Union. According to him, Kosovo could suffer serious damage and delay obtaining candidate status.
For this reason, he considers consultation with European actors necessary before the law is approved. The greater the understanding from European Union actors, the more limited the consequences of the amendments will be, while Kosovo’s diplomacy should engage in this effort. Consultations could require an extension of the deadline and, according to Bytyçi, revisions to the content of the law as well.
In conclusion, Bytyçi emphasizes that Kosovo’s priority remains the establishment of its institutions. He warns that a lack of trust could leave the country without institutions and without a new law on the Special Court. If the law is not approved, he adds, the number of people who could be sent to The Hague could be twice as high as the number currently there.
