Serwer: Election of the President as a result of compromise is positive, the EU should assess the law on the Special Court itself

On October 6, the Assembly of Kosovo approved amendments to the Law on the Specialized Chambers, with the aim of reviewing the legal framework of this mechanism. These changes, which followed the sentencing of four former KLA leaders to 81 years in prison in The Hague, affect the scope, sanctions, and procedures of the Specialized Chambers.

While it remains unclear what practical impact this amended law will have and whether it will be challenged in the Constitutional Court, Johns Hopkins professor Daniel Serwer offered a brief comment in a response to the media.

In its reaction following the approval of the legal amendments, the European Union stated that the law “contradicts Kosovo’s international obligations toward the EU.”

Serwer has a concrete recommendation for the Union in this regard.

“The EU should examine whether the provisions of this legislation are sufficient to fulfill the main purpose of the Court: holding accountable persons suspected of committing the crimes mentioned in the [Dick] Marty report.”

When asked whether this law will pose an obstacle to Kosovo’s path toward the EU, Serwer responded: “It is up to the EU to decide on membership criteria, not up to me or Kosovo. Brussels must provide the answer.”

“My view is that Kosovo’s legislation aims to bring the Special Court more in line with what was generally understood to be its mandate when it was created. The problem, of course, is that Kosovo has no way to implement this legislation,” he added.

The approval of the Law on the Special Court in the Assembly of Kosovo preceded another extremely important development for the country: the election of the new President and the avoidance of early elections after nearly two years of institutional blockade.

The American professor described the exit from this political deadlock as positive.

“I think it is a good thing that the compromise has led to the election of a highly qualified president.”

In a response to the media three days ago, the EU reiterated its continued support for the work of the Kosovo Specialized Chambers as an independent judicial institution and underlined that this institution was established by the Assembly of Kosovo, functions within the country’s legal system, and is enshrined in Kosovo’s Constitution.

“Their current mandate and independence must be fully respected. The Kosovo Specialized Chambers are delivering justice, based on the principle of individual criminal responsibility. We call on Kosovo to adhere to its international obligations to guarantee the judicial independence of the Kosovo Specialized Chambers, as well as its commitment to ensuring accountability and delivering justice to victims and their families from all communities in Kosovo,” the EU had stated.