The European Union has opposed the amendments approved by the Kosovo Assembly to the Law on Specialist Chambers and the Specialist Prosecutor's Office, assessing that they conflict with Kosovo's international obligations towards the EU.
EU spokesman Christian Wigand stressed that the mandate and independence of the Kosovo Specialist Chambers must be fully respected. “The Kosovo Specialist Chambers are delivering justice, based on the principle of individual criminal responsibility,” Wigand stated.
He stressed that the EU has consistently supported the work of the Specialist Chambers as an independent judicial institution.
"We call on Kosovo to adhere to its international obligations to guarantee the judicial independence of the Kosovo Specialist Chambers, as well as to fulfill its commitment to ensure accountability and provide justice to victims and their families from all communities in Kosovo. The protection and safety of witnesses must be guaranteed," the EU spokesperson said.
The EU's reaction comes a day after the Kosovo Assembly, on October 6, approved in second reading the amendments to the Law on Specialist Chambers and the Specialist Prosecutor's Office, concluding the parliamentary procedure for the draft law initiated by the Democratic Party of Kosovo.
The EU had previously expressed "deep concern" regarding the adoption of these changes, assessing that they conflict with Kosovo's international obligations.
The PDK, which proposed the changes, has opposed this EU position, saying that the changes do not aim to abolish the Specialized Chambers.
According to the PDK, Kosovo remains committed to the obligations it has undertaken, including investigating allegations of organ trafficking.
Meanwhile, the Vetevendosje-led government has not commented on the EU statement to Radio Free Europe. During the consideration of the draft law in Parliament, Prime Minister Albin Kurti described the proposed changes as "hasty."
The debate over the changes has also raised the legal issue of whether a domestic law can change the effects of an international agreement to which that law is related.
Although the Assembly of Kosovo has the authority to adopt and amend laws, amending a domestic law does not automatically imply amending an international agreement. For amending an international agreement, the relevant procedures determined by the agreement itself and international law apply.
The Specialist Chambers are based in The Hague, but are part of the Kosovo judicial system. The institution was established through a separate legal framework and operates as an independent judicial institution.
The EU is one of the main supporters of the Specialist Chambers and, according to published data, has allocated around 400 million euros for their operation since their establishment.
