Amendments to the Law on the Special Court have been returned to Kosovo’s Assembly for reconsideration following the president’s actions and requests for further review of the provisions. Lawmakers are expected to consider the reasons for the return and decide whether to amend or approve the proposals.
If the law is put to a vote again, it will need at least 61 votes to pass, a majority of all members of Kosovo’s Assembly, under Article 80, paragraph 4, of the Constitution. It remains unclear whether that majority can be secured.
Të lidhura
None found
The debate over the amendments covers the Special Court’s jurisdiction, limits on sentences, the possibility of a presidential pardon and the powers of Kosovo’s justice institutions.
Without at least 61 votes, the proposals will not be approved or enter into force. In that case, the current law on the Specialist Chambers and Specialist Prosecutor’s Office will continue to apply. Failure to approve the proposals would not abolish the Special Court or halt the trials taking place in The Hague. Changing other provisions would require a new legislative procedure in the Assembly.
Former Constitutional Court member Kadri Kryeziu told “Bota sot” that the president must explain her reasons for returning the law and act in accordance with the Constitution. He cited Article 80, paragraph 3, under which the president may return a law only once, through a suspensive veto. According to Kryeziu, grounds for returning it include a conflict with national or state interests or an infringement of minority rights.
Kryeziu said the president had provided no reason. According to him, under Article 84 of the Assembly’s Rules of Procedure, the law can be approved with 61 votes, and the Assembly must do so within four weeks; otherwise, the law has no effect. If 61 lawmakers vote for it, he said, the law does not need the president’s signature and enters into force 15 days after publication in the Official Gazette.
In Kryeziu’s view, the president should have promulgated the law. The government, as the executive body, should then have held negotiations with the European Union and The Hague on its implementation.
Lawyer Gazmend Halilaj, in a response to “Bota sot”, expressed his support for the Vetëvendosje Movement (LVV) and the Special Court. As a lawyer and citizen, he said he supports fair and transparent proceedings grounded in legal principles, as well as the rule of law and institutional accountability.
According to Halilaj, justice should be guided by principles and truth, not political interests. He stressed that institutions must respect the Constitution and the law, ensure equality before the law and protect everyone’s rights.
On the decision concerning the Law on the Special Court, Halilaj called for full legal and institutional responsibility from the Assembly, as well as restraint, professionalism and respect for constitutional procedures. He explained that his support for LVV is tied to change, accountability and the rule of law, while his support for justice is not contingent on party interests.
Halilaj concluded his personal statement by emphasizing that justice must be the same for everyone: law must come before interests, principle before politics and truth before prejudice. He said that, as a lawyer and citizen, he believes in a just, democratic and accountable state.
