Changes to the law on the Specialist Chambers: Kabashi explains possible legal obstacles

The implementation of changes to the Law on the Specialist Chambers and the Specialist Prosecutor’s Office has been discussed by Ditar Kabashi, a professor of constitutional law. He raised several legal questions about the amendments approved by the Kosovo Assembly on October 6.

The amendments were approved after four former Kosovo Liberation Army leaders were sentenced to a total of 81 years in prison for war crimes on September 16.

According to Kabashi, compliance with the procedures set out in current legislation is essential to the passage of any law. Amendments to an existing law, he explained, must follow the same legal process as the one through which it was originally passed.

The professor said citizens’ expectations and demands for a fair trial for the former Kosovo Liberation Army leaders were understandable, but stressed that they do not replace the obligation to follow legal procedures.

In his explanation, Kabashi reiterated that laws must be enacted in accordance with the procedures set out in legislation. He noted that, despite citizens’ desire for justice in the case against the former KLA leaders, the legal process remains binding and amendments can be made only by following the procedure used to draft the law.

Turning to the approval of the amendments, he identified several points that could become the subject of legal challenges. One is the procedure followed in relation to the deadline for the second reading, specifically the waiving of the 72-hour period.

Other issues identified by the professor concern the powers of the Constitutional Court and the scope of its review of cases.

Kabashi explained that possible objections to the procedure for enacting the law relate, first, to procedural matters and the failure to observe the 72-hour period before the second reading. In addition to this, he said, the Constitutional Court’s powers and the limits of its assessment or review of cases also remain to be addressed.

The professor called for these issues to be discussed and assessed from a legal perspective.