European Commissioner for Enlargement Marta Kos criticized Kosovo’s changes to its war-crimes court law in Luxembourg on October 12. Speaking before an EU foreign ministers’ meeting, she said the amendments were unacceptable and breached Kosovo’s fundamental obligations to the bloc.

Kos said changing legal rules while trials were continuing conflicted with international rule-of-law standards. She also warned that candidate countries moving backwards on European standards would not be able to join the EU. Kosovo has applied for membership but does not yet have candidate status.

Amendments would limit the court’s powers

Kosovo’s parliament passed the amendments the previous week, according to Vizion Plus. The Democratic Party of Kosovo, known as the PDK, proposed them five days after the September 16 judgment against former Kosovo Liberation Army leaders.

The amendments would narrow the period and categories of offences covered by the Kosovo Specialist Chambers, Vizion Plus reported. They also provide for a 15-year maximum prison sentence, appeals to Kosovo’s Supreme Court and sentences served in Kosovo. When the changes would take effect remains unclear.

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The Specialist Chambers are part of Kosovo’s judicial system but operate in The Hague. Their status is that of an independent judicial institution.

EU and Kosovo politicians disagree

The European External Action Service said on October 8 that the amendments conflicted with Kosovo’s international obligations to the EU. It called for the court’s independence to be respected. Germany’s embassy in Pristina also said that independence must not be undermined.

PDK lawmaker Përparim Gruda said the changes violated no international obligations. His party said it wanted to limit the court’s mandate to its founding purpose, not close it.

Vlora Çitaku, a PDK deputy speaker of parliament, said disagreements with international partners were normal. She said Kosovo’s institutions should explain the law’s contents and purpose to the EU.

Prime Minister Albin Kurti described the amendments as rushed and insufficiently examined. His Vetëvendosje movement nevertheless supported them during parliamentary consideration. Arbërie Nagavci, the movement’s parliamentary leader, said the party had expressed reservations beforehand.

Another judgment is scheduled for November

Former Kosovo president Hashim Thaçi has been convicted of war crimes and sentenced to 25 years in case 06. He is separately accused of obstructing justice in case 12.

The court scheduled judgment in the second case for November 17 at 10 a.m. The proceedings also involve Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi.

Prosecutors requested a six-year prison sentence for Thaçi in case 12. They said his time in detention should count only towards his 25-year sentence in case 06.

Kosovo applied to join the EU in December 2022 and remains the only Western Balkan country without candidate status. Progress towards membership depends partly on rule-of-law reforms and normalizing relations with Serbia.