Kosovo President Justina Shiroka-Pula must decide by Friday, October 23, whether to promulgate the Law on the Specialist Chambers or return it to the Assembly for reconsideration. If the law is returned, lawmakers can pass it again with at least 61 votes, while the procedure for amending the disputed provisions remains unclear.
Eugen Cakolli, a researcher at the Kosovo Democratic Institute (KDI), has explained the constitutional and parliamentary steps involved, noting that the president’s deadline to make a decision expires on October 23.
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According to Cakolli, the head of state can return a law to the Assembly for reconsideration through a mechanism known as a “suspensive veto.” However, this action must be based on specific objections that the law may harm the legitimate interests of Kosovo or its communities.
“The president can return a law to the Assembly for reconsideration through the mechanism known as a suspensive veto, temporarily suspending its promulgation,” Cakolli said.
He explained that this power can be exercised within eight days of receiving the law. If no decision is made within that period, the law is considered promulgated even without a presidential decree and enters into force after publication in the Official Gazette.
If Shiroka-Pula returns the Specialist Chambers Law, the Assembly can pass it again with a majority of all lawmakers, meaning at least 61 votes.
“If the law is returned, the Assembly can vote on it again with a majority of all lawmakers—that is, with at least 61 votes in favor—thereby overriding the veto,” he said.
After such a vote, the law is considered promulgated, and the president no longer has the right to return the same act a second time.
However, Cakolli noted that there is uncertainty about the procedure to follow if the Assembly were to try to amend the articles opposed by the president.
He said the Assembly’s previous Rules of Procedure clearly set out the possibility of addressing issues raised by the president. The current Rules of Procedure, meanwhile, describe the steps for overriding a veto but do not explain in detail how the provisions could be amended.
The KDI researcher’s view is that the Assembly should be able to amend the disputed articles, since returning a law is intended precisely to allow it to be reconsidered and the president’s objections to be addressed.
“If the Specialist Chambers Law is returned, the Committee on Legislation has four weeks from receiving it to prepare a report for a plenary session, although the review could be completed sooner,” Cakolli stressed.
According to him, the Committee on Legislation’s interpretation of the Rules of Procedure could clarify how any proposed amendments should be submitted and voted on before the law is reconsidered in a plenary session.
Cakolli also cited previous cases, saying that Kosovo’s presidents have returned at least eight laws to the Assembly for reconsideration.
Four of these cases occurred during the term of former President Atifete Jahjaga, two during the term of former President Hashim Thaçi, and two during the term of former President Vjosa Osmani.
One of the laws returned during Jahjaga’s term, concerning pensions for members of the Kosovo Security Force, was referred to the Constitutional Court. The court clarified the limits of the president’s powers when returning laws.
Therefore, by Friday, October 23, it is expected to become clear whether Justina Shiroka-Pula will promulgate the Law on the Specialist Chambers or return it to the Assembly for reconsideration.
