European Union opposes changes to the Law on Specialist Chambers, Tahiraj and Makolli raise concerns about consequences for Kosovo

The European Union has expressed opposition to the changes that the Assembly of Kosovo approved on October 6 to the Law on Specialist Chambers, demanding respect for the independence and current mandate of the Special Court based in The Hague.

In a reaction published on October 8, Brussels officials underscored that the Specialist Chambers are part of Kosovo’s judicial system and that their functioning must ensure justice for victims, accountability, and witness protection.

The approved legal changes affect issues related to the court’s jurisdiction, impose a limitation of prison sentences to up to 15 years, and provide for the possibility that sentences be served on the territory of Kosovo.

This initiative, proposed by the Democratic Party of Kosovo, has sparked a political debate over the compatibility of the changes with the country’s international obligations and their impact on the mandate of the Special Court.

Activist Saim Tahiraj, in a statement to “Bota sot,” criticized the political pressure seeking to change the Law on Specialist Chambers. He emphasized that justice must not be selective and that judicial decisions should be challenged through legal channels.

Tahiraj warned that interventions made under the pressure of protests could damage the credibility of Kosovo’s institutions and noted that the positions of international partners should be listened to carefully.

According to him, what happened in Kosovo in recent weeks cannot be seen simply as an emotional reaction to a judicial decision. After the Special Court’s verdict, powerful political and social pressure was exerted to change the law on which this court was built and operates. He recalled that Kosovo has gone through a painful history, where during and after the war people were killed even for political motives and many families still await justice. Precisely for this reason, justice cannot be selective, nor can it depend on the name, position, or affiliation of the person being tried. If a judicial decision is considered unjust, it must be challenged through legal remedies and instances defined by law. Justice cannot be decided on the streets, nor can the rules of a court be changed under the pressure of protests.

He called it a paradox that in the name of justice, intervention in a judicial process was demanded, while in the name of protecting the state, a step was taken that could damage the very credibility of the state. In this context, he said that the voice of international friends must be listened to with great seriousness.

Tahiraj also emphasized that the EU’s opposition and the concerns of the German Embassy about the changes to the Law on Specialist Chambers are serious signals that Kosovo must not overlook, recalling the importance of international partners in state-building.

He further noted that the European Union has clearly stated that the approved changes to the Law on Specialist Chambers conflict with Kosovo’s international obligations toward the EU. According to him, the EU demanded that Kosovo respect the independence of the Specialist Chambers and the obligation to ensure criminal accountability and justice for victims and their families from all communities in Kosovo.

He also mentioned that the Embassy of Germany in Pristina expressed deep concern, emphasizing that the Specialist Chambers are an independent judicial institution, established under Kosovo law and grounded in the Constitution of Kosovo, and therefore their independence must not be undermined. These, according to him, are not statements that Kosovo can ignore, but serious signals from partners who have stood by Kosovo in the most difficult days of its history and who have helped in the liberation, building, and consolidation of the state.

He assessed that the changes to the Law on Specialist Chambers risk undermining Kosovo’s international obligations, the credibility of its institutions, and relations with allies.

He also supported the LDK’s position against the changes, emphasizing that justice must be realized through courts and not under political pressure.

At the end of his statement, Tahiraj said that Kosovo cannot behave as if international obligations are valid only when they suit it politically. Agreements and international commitments have value precisely when they are difficult to honor. He warned that changing the law in a way that limits the powers of the Special Court, affects its mandate, and provides for the possibility that its decisions be treated differently in Kosovo, risks creating clashes with the obligations the state has undertaken.

According to him, the consequences must not be underestimated. If Kosovo creates the impression that it is politically interfering in an international judicial institution established by its own law and Constitution, this could damage the credibility of institutions, the rule of law, and relations with international partners. At a time when Kosovo aims for European integration and the strengthening of its international position, this is a risk that must not be taken lightly.

He added that no one should be given arguments against Kosovo and that the state must be stronger than the political emotions of the moment. In this situation, the LDK’s position not to support the change of the law placed state responsibility and international obligations ahead of the political pressure of the moment.

In closing, he emphasized that justice must continue its work. If someone is guilty, let them be declared guilty based on evidence; if someone is innocent, let them be released based on law and justice. Courts and appellate instances exist for this. Kosovo did not win its freedom to replace justice with political pressure. The state must be defended by respecting the law, international obligations, and the trust of friends, because Kosovo needs allies, credible institutions, and a state that honors its word. Justice is not decided on the streets but in court, and the state is defended by respecting the law, not by changing it every time a decision hurts us.

Analyst Vesel Makolli, in a conversation with “Bota sot,” stated that the responsibility for the formation of the Special Court belongs to Kosovo itself, noting the lack of political unity between the peaceful movement and the wartime wing.

He also criticized the euphoria and folkloric approach in politics, which, according to him, make citizens support causes that are not necessarily beneficial for the state.

Makolli emphasized that everyone, including those who protested and especially those who took on the role of leaders of the three-day protest, must know that for the formation of the Special Court, we ourselves are to blame, not someone else, and especially not those who brought freedom — the USA and the EU. According to him, if there had been genuine unity between the peaceful movement of Dr. Ibrahim Rugova, which created state institutions, raised awareness of the Kosovo issue internationally, and paved the way for NATO intervention, and the wartime wing led by Adem Demaçi, before, during, and after the war, this would have strengthened the national and state factor and would have spared the country from many shocking events that continue to have deep consequences in political, social, and institutional developments.

He added that the unity of these two groupings in the interest of Kosovo would have prevented developments with severe consequences for the state, such as the Ahtisaari Plan with the Association, the Dick Marty report, which was a precursor to the Special Court, and consequently the sentences of September 16 in The Hague against Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi would not have been issued.

Makolli described the people as euphoric and deeply immersed in folkloric-glorifying indoctrination, therefore easily falling prey to various causes, which can be anything but not necessarily beneficial for the nation and the state.

He compared the recent protests with previous similar episodes, such as those of 2004 and the opposition to the border demarcation agreement with Montenegro, assessing that these developments have negatively affected Kosovo’s political processes.

He also emphasized that the legal changes would not produce legal effects against the Special Court, while the protests may have helped overcome the institutional deadlock for the election of the president.

According to Makolli, the cause of the protest was identical to those of 2004 and the cause against the ratification of the border agreement with Montenegro. All of these had a negative impact on political developments and on the processes aimed at finalizing Kosovo’s statehood. He added that for everyone, and especially for those involved in politics, it should have been clear that the law amending and supplementing the Law on Specialist Chambers will not produce any legal effect, that is, it will not be able to change the jurisdiction, mandate, or functioning of the Specialist Chambers of Kosovo, which have their legal basis in the Constitution and relevant legislation.

He assessed that the Government’s non-support of the law could help avoid clashes with the EU and international partners. He called for political responsibility, institutional consolidation, and active diplomacy, emphasizing that European integration and the strengthening of the partnership with the USA must be priorities.

In conclusion, Makolli said that another important aspect is that official Kosovo, namely the Government, de facto did not support this law. This approach creates premises to avoid unnecessary clashes with the EU and other international friends in the future, preserving partnership relations and the trust built with them.

He added that after two years of institutional vacuum, Kosovo has no more time for losses, delays, and political clashes. The consolidation of institutions must mark a new beginning, with full political responsibility and maximum commitment from the Prime Minister and the newly elected President.

Makolli emphasized that it is time for the country’s institutions to demonstrate political will, state maturity, and concrete commitment to Kosovo’s interests. Priorities must be internal development, strengthening democracy, improving the country’s international image, and restoring the trust of strategic partners, especially the European Union and the United States of America.

In the end, he said that Kosovo needs active diplomacy, institutional coordination, and concrete results, not just political statements. Clear steps must be taken to advance European integration, deepen the partnership with the USA, and complete the process of international consolidation of Kosovo’s statehood.