Marta Kos Says Specialist Chambers Changes Are a Step Back
After talks with Pristina's chief EU negotiator Jeton Zulfaj, the enlargement commissioner praised reforms but warned that amending the law on the court in The Hague would be a serious step backward.
EU Enlargement Commissioner Marta Kos said on Thursday evening, October 15, that the recent amendments to the law on the Kosovo Specialist Chambers are unacceptable. She posted her position on X after talks with Pristina’s chief negotiator with the European Union, Jeton Zulfaj, which focused on Kosovo’s path to EU membership.
The post was not only criticism. Kos acknowledged that Pristina has made progress on rule of law reforms and on implementing the Growth Plan despite two years of institutional instability, and that good headway has been made toward joining the European SEPA payment system.
What did Kos write after meeting Zulfaj?
The praise in the post came with a clear limit. The commissioner wrote:
“But the recent amendments to the Law on Kosovo Specialist Chambers are unacceptable. Their adoption and implementation would be contrary to Kosovo’s obligations to the EU. It would be a serious step backward on Kosovo’s path to the EU.”
She added that respect for the rule of law and independent judicial institutions is essential for preparing the next steps on that path. According to the portal KoSSev, she had also said in previous days that the amendments run against Pristina’s basic obligations to the Union.
The same message three days earlier in Luxembourg
Kos spoke in similar terms on Monday, October 12, in Luxembourg, ahead of a meeting of EU foreign ministers. She said then that changing the law on the Specialist Chambers goes against Kosovo’s basic obligations to the Union, and added:
“Changing the rules while court proceedings are under way defies all internationally established standards of the rule of law.”
In the same appearance she said that candidate countries that backslide are not on the right path and will not be able to join the EU.
What exactly do the amendments change?
The Assembly in Pristina adopted the amendments overnight between October 6 and 7, according to KoSSev, while the Albanian portal Albeu reports that the law passed on October 6. The Democratic Party of Kosovo (PDK) proposed them five days after the September 16 verdict in which former president Hashim Thaci and three former KLA leaders were sentenced to a combined 81 years in prison for war crimes. All four say they are innocent.
According to the portal inAlbania, the amendments:
- narrow the jurisdiction of the court based in The Hague
- cut the maximum sentence to 15 years in prison
- allow appeals to the Supreme Court of Kosovo
- allow sentences to be served in Kosovo
The European Union and Germany publicly defended the court’s independence, according to the same source, while the PDK rejected the criticism from Brussels.
How did the government and parties in Pristina respond?
Albeu carried the reactions of parliamentary groups after Kos commented on the adoption of the law. Vlora Citaku, deputy speaker of the Assembly and a PDK member, said after a session of the Assembly Presidency:
“It is normal that we sometimes disagree with friends, but I believe we will have time to talk with EU representatives and explain the political will of Kosovo’s lawmakers. With this law and its intent, Kosovo is seeking justice. We are not trying to avoid justice, on the contrary, we want to put back on the right track a process that went astray and was distorted. Kosovo is a partner. Partners talk and debate, and I am convinced that we will reach an agreement in the end. It is important to clarify the essence of this law with the EU: what the law asks for and what it wants to achieve. It does not want to avoid justice, on the contrary, it seeks justice.”
Besnik Tahiri, head of the Alliance parliamentary group, described Kos’s words as a continuation of the Union’s long-standing position. He said:
“What I can say about Commissioner Kos’s reaction is that it is simply a continuation of the European Union’s response to what happened, after the EU statement. The parliament adopted the law, and we promise that, as a parliament, we will do everything possible to support the four liberators in The Hague.”
The ruling Self-Determination movement voted for the amendments despite reservations. Arberi Nagavci, head of its parliamentary group, said the party had qualms but still voted for the law:
“We in Self-Determination expressed reservations about addressing these issues through a draft law, both during the session in my speech and through Prime Minister Kurti. Still, as we said, we supported the lawmakers who believed this was the right path.”
Prime Minister Albin Kurti himself judged, according to inAlbania, that the amendments were hasty and insufficiently analyzed. Nagavci added that preparing the appeals phase requires a state strategy and coordination among institutions, but did not say when that process would begin.
