Bugaqku: Approving amendments to the Specialist Chambers without respecting the 72-hour deadline risks constitutionality

Vullnet Bugaqku, a legal affairs expert at the Kosovo Democratic Institute, has warned that Parliament could violate its Rules of Procedure and, consequently, the Constitution if the draft law amending the Law on the Specialist Chambers is approved in second reading without the minimum 72-hour period having elapsed since its approval in first reading.

“Under these rules, at least 72 hours must pass from the moment the law is approved in first reading until it is put to a vote in second reading,” Bugaqku told Radio Free Europe.

He explained that this time restriction can be bypassed only when the country is under a state of emergency or an emergency situation has been declared.

The KDI expert also referred to a decision by the Constitutional Court in December 2024, which had found constitutional violations and annulled 12 laws due to procedures and deadlines not being respected during their adoption.

If the amendments to the Specialist Chambers are put to a vote before the 72 hours have elapsed, the case could be referred to the Constitutional Court for review. A request for such a procedure can be submitted by at least 10 deputies, the president or the government.

The draft law passed its first reading on Monday, while the Democratic Party of Kosovo has requested that its review and vote in second reading be held on the same day.