Draft law on the Specialist Chambers submitted to Shiroka-Pula: What legal experts expect next

Kosovo’s head of state, Justina Shiroka-Pula, has received the Law on the Specialist Chambers and the Specialist Prosecutor’s Office after parliamentary speaker Albulena Haxhiu sent it to her for promulgation on Thursday.

The amendments were approved by parliament on October 6 in a second reading, with the support of 88 lawmakers. Representatives of the Vetëvendosje Movement, PDK, LDK, AAK and non-majority communities took part in the vote.

The law’s main provisions include limiting the mandate of the Specialist Chambers, transferring cases outside their jurisdiction to Kosovo’s regular judicial system, and setting a maximum prison sentence of 15 years.

The amendments were approved after four former leaders of the Kosovo Liberation Army were sentenced on September 16 to a combined 81 years in prison.

According to legal experts, the president has eight days from receiving the law to promulgate it. If she neither promulgates it nor returns it to parliament during that period, it is automatically considered promulgated without her signature and is published in the Official Gazette.

They explain that a law may be returned for reconsideration only if it is deemed harmful to the legitimate interests of the Republic of Kosovo, and that this power may be exercised only once for the same law.

In this case, however, they believe there are no constitutional grounds to return the law, so the president is expected to promulgate it without delay.

Bajraktari expects swift promulgation: Explains the legal deadline and grounds for reconsideration

Lawyer Ardian Bajraktari told “Bota sot” that the president has eight days from receiving the law to promulgate it.

“If, within eight days of receiving it, the president neither promulgates the law nor returns it for reconsideration, it is considered promulgated even without her signature and is published in the Official Gazette,” he said.

He also drew attention to the constitutional limits on returning a law.

“The president may return the law only if she concludes that it harms the legitimate interests of the Republic of Kosovo or of one or more communities, and she may exercise this right only once for the same law,” Bajraktari explained.

In this case, he said, he sees no constitutional grounds for reconsideration and therefore expects the president to promulgate the law.

Burjani: The president should issue an official statement and could halt the law and seek changes

Legal expert Blerim Burjani noted that similar cases have occurred before in Kosovo.

“The president should provide a public explanation. It would be positive if she did so quickly, but there is no rule making it unconstitutional if the law is not signed within a certain period. This has happened several times in Kosovo in the past,” he said.

He added that the president could intervene in the process by halting the law or requesting further additions.