Koci warns MPs about the law on Specialist Chambers: They need to know what happens after the vote

Lawyer Arianit Koci has reacted to the proposed amendments to the Law on Specialist Chambers, expressing concern that the review of constitutionality could be transferred from the Constitutional Chamber in The Hague to the Constitutional Court in Pristina.

Koci says that the aim of helping the liberation fighters is understandable, but believes that this is not necessarily the right course of action. According to him, Article 162 of the Constitution gives the Chamber in The Hague exclusive jurisdiction over constitutional referrals concerning the Specialist Chambers and the Specialist Prosecutor’s Office. He called on MPs to clarify what will happen after the vote and how the amendments will be implemented, reports “Bota sot”.

Full reaction

Like many others, I too want to help the liberation fighters. However, I am not convinced that the current proposal is the right solution.

The amendments made public provide that the review of the constitutionality of the Law on Specialist Chambers should no longer remain with the Constitutional Chamber in The Hague, but should be transferred to the Constitutional Court in Pristina.

My concern is related to the fact that Article 162, paragraph 3, exclusively assigns the Chamber in The Hague jurisdiction over constitutional referrals concerning the Specialist Chambers and the Specialist Prosecutor’s Office. In my assessment, this jurisdiction cannot simply be removed through an amendment to the law.

If this obstacle is not addressed, there is a risk that we may later hear the argument: “We tried, but we failed.”

The hopes of citizens and families must not be treated as a game.

For this reason, attention must be paid to experts working in the interests of the country and the liberation fighters, without calculating how many votes they might gain or lose. A solution that is genuinely implementable must be found.

I remain ready to make my contribution.

I understand that this position may be misinterpreted and may bring me political costs, but someone must also take on this burden.

Therefore, before voting, MPs must answer several important questions:

What will happen after the vote? How will the amendments be implemented, and in what way will they help the liberation fighters? Citizens have the right to receive answers to these questions.

The responsibility of MPs does not end at the moment the vote is cast.