Bugaqku: Assembly Rules of Procedure contain no provision specifying that amendments can be made to a returned law

Kosovo Democratic Institute Senior Researcher Vullnet Bugaqku has warned of ambiguities in the Rules of Procedure of the Kosovo Assembly and pointed out that there is no provision specifying whether, after Kosovo President Justina Shiroka Pula returned amendments to the Law on Specialist Chambers for reconsideration, MPs or the relevant committee can amend the legislation, which has already passed two readings.

Speaking to Kosovo Press, Bugaqku stressed that the president has the right to return a law for reconsideration, but that such a decision must be accompanied by specific reasoning grounded in the Constitution.

“The Constitution of Kosovo gives the president the right to return a law to the Assembly if she determines that the law, or certain provisions thereof, undermine Kosovo's legitimate interests or the rights of its communities. When returning a law, the president is required to state specific, clear and constitutional reasons why she believes the law, or its provisions, threaten these two areas,” Bugaqku explained.

He added that once a law has been returned to the legislative process, the Assembly speaker must refer the matter to the Committee on Legislation, which then has a maximum of four weeks to prepare a report.

“If the committee concludes that the president's objections, or the reasons for returning the law, are unfounded, it is required to propose to the plenary how to proceed,” Bugaqku said.

He explained that if MPs wish to retain the previously adopted text, they must override the president's veto through a vote in the Assembly.

“The problem is that the current Rules of Procedure of the Assembly are not sufficiently clear. They contain no provision specifying that MPs or the relevant committee can make further amendments to a law after it has been returned,” Bugaqku said.