Palokaj: It will not be easy to convince the EU regarding amendments to the Law on the Specialist Chambers

It will not be easy for Kosovo to convince the European Union regarding the amendments to the Law on the Specialist Chambers, adopted by the Kosovo Assembly on October 6, journalist Augustin Palokaj believes, adding that the EU's expressions of “deep concern” should be taken seriously.

Palokaj, Koha's correspondent in Brussels, points out that statements by European Union spokespersons reflect positions formulated within the institution's own structures.

“There have also been misunderstandings arising from comparisons between the statement by European Commission President Ursula von der Leyen, who visited Pristina, and the EU spokesperson's reaction. Ursula von der Leyen gave a principled response, stating that it is for Kosovo itself to decide. Even if she had wanted to, she could not have intervened. However, she emphasized that Kosovo must respect the independence of the judiciary. Von der Leyen spoke before the vote took place, and the EU could not react to a move that had not yet happened. After the amendments were adopted, the EU responded by reiterating what von der Leyen had said, namely that judicial independence must be preserved and international obligations respected,” Palokaj explained.

He suggested that Kosovo should initiate a dialogue with the EU on this issue, following the approach used when the Specialist Chambers were established.

He stressed that Kosovo must bear in mind that many representatives and officials within European institutions have changed since then, and that current knowledge of the history behind the court's establishment is not as extensive as it once was.

“The EU is not only a supporter of the Specialist Court, but also its largest financier. It will not be easy for Kosovo to convince the EU regarding these amendments,” Palokaj said, Koha reported.

He described the Specialist Chambers as an institution of a hybrid nature, noting that their accountability had been limited since their establishment.

“Just as it was not easy when the court was established, when Kosovo's institutions faced pressure from international friends, it will not be easy regarding these amendments either,” Palokaj added.

On Monday evening, the Kosovo Assembly adopted amendments to the Law on the Specialist Chambers at the initiative of the PDK, following a verdict sentencing KLA leaders to a total of 81 years in prison for war crimes.

Some experts, however, have pointed out that the implementation of the law is questionable because it was amended without consultation with the Specialist Chambers. The EU, meanwhile, has stated that the amendments are contrary to Kosovo's international obligations and called on Pristina to respect those obligations in order to ensure the institution's independence.