Marta Kos: Changes to law on specialized courts clash with EU obligations

The European commissioner for enlargement, Marta Kos, described as unacceptable the amendments to the Law on Kosovo’s Specialized Courts, stressing that they conflict with the country’s fundamental obligations toward the European Union.

In a statement to the media before the EU foreign ministers’ meeting in Luxembourg on 12 October, Kos criticized the fact that the legal rules were being changed while the court cases were still being examined.

“I want to be clear that the amendments to the Law on Kosovo’s Specialized Courts conflict with Kosovo’s fundamental obligations toward the EU. This is unacceptable,” Kos said.

She added that changing the rules midway through a trial conflicts with international standards of the rule of law.

“My message is very simple. European enlargement is progressing. If candidate countries take steps backward, they are not on the right track and will not be able to become EU members,” she declared.

These comments came after Kosovo’s parliament approved a series of amendments to the law governing the operation of the Specialized Courts in The Hague, also known as the Special Court, last week.

The proposed amendments came from the Democratic Party of Kosovo just five days after the court announced its ruling on 16 September, when the Specialized Courts sentenced former president Hashim Thaçi and three former leaders of the Kosovo Liberation Army – Kadri Veseli, Jakup Krasniqi and Rexhep Selimi – to a total of 81 years in prison for war crimes.

All four declared themselves innocent throughout the trial.

The adopted amendments aim to narrow the jurisdiction of the Specialized Courts by limiting the period of time and the categories of criminal offences they may hear.

Among other things, the amendments provide for the maximum prison sentence to be reduced to 15 years, allow appeals to Kosovo’s Supreme Court and require prisoners to serve their sentences in Kosovo.

The European Union says the independence of the Specialized Courts must be respected

Marta Kos’s statement is the latest warning from the European bloc regarding these legal amendments.

On 8 October, the European External Action Service said that the amendments to the Law on the Specialized Courts were inconsistent with Kosovo’s international obligations toward the EU.

In its response, the EU stressed that the Specialized Courts are an independent judicial institution established by decisions of Kosovo’s parliament in 2014 and 2015, and that their mandate and independence must be fully respected.

The European bloc urged Kosovo to fulfil its international obligations, ensure the court’s independence and deliver justice to victims and their families from all communities, as well as protect and ensure the safety of witnesses.

The German Embassy in Pristina also expressed similar concerns, emphasizing that the independence of the Specialized Courts cannot be compromised.

On the other hand, the PDK rejected the EU’s assessment.

PDK MP Përparim Gruda said the amendments did not violate any of Kosovo’s international obligations.

According to the party, the aim is not to close the court but to narrow its mandate in line with the reason it was created.

Meanwhile, Prime Minister Albin Kurti had described the amendments as rushed and not sufficiently analyzed, although his Self-Determination movement supported them during their consideration in parliament.

The Specialized Courts are part of Kosovo’s judicial system but operate in The Hague with international judges and prosecutors.

They were established to hear claims concerning crimes committed during and after the 1998-1999 war in Kosovo.

Their establishment is also linked to Kosovo’s international agreements with the EU, including the 2014 exchange of letters, which provided for consultations on legal amendments that could affect the court’s mandate.

Kosovo-EU relations face another obstacle

The EU’s opposition to the amendments adds another issue to the disagreements between Brussels and Pristina, at a time when Kosovo has still not obtained candidate-country status for accession to the bloc.

Kosovo applied for membership in December 2022 but remains the only country in the Western Balkans without candidate status.

Its progress toward EU membership depends, among other things, on reforms in the rule of law, the functioning of democratic institutions and the normalization of relations with Serbia.

The European Commission emphasized in its latest enlargement report that closer alignment with the EU is conditional on progress in democracy, the rule of law and respect for fundamental rights.

It also reiterated the importance of normalizing relations with Serbia for Kosovo’s European perspective.

Kosovo’s path toward membership is further obstructed by the position of five EU member states – Spain, Greece, Romania, Slovakia and Cyprus – which still do not recognize its independence.

TAGS: Kosovo, EU, law, amendment, specialized court