Lawyer Arianit Koci has raised legal concerns over proposed amendments to Kosovo’s Law on Specialist Chambers, questioning how the changes would be implemented after they are approved by the Assembly.
Koci said he supports efforts to assist former Kosovo Liberation Army (KLA) members, but argued that the proposed amendments may not provide a legally workable solution.
According to Koci, the proposal seeks to transfer constitutional review of matters concerning the Specialist Chambers from the Constitutional Chamber in The Hague to the Constitutional Court in Prishtina.
He pointed to Article 162, paragraph 3, of Kosovo’s Constitution, which, in his interpretation, grants the Constitutional Chamber of the Specialist Chambers exclusive authority over constitutional referrals concerning the Specialist Chambers and the Specialist Prosecutor’s Office.
“In my assessment, we cannot remove this competence simply by changing the law,” Koci said.
He warned that unless the constitutional issue is addressed, there could be difficulties in implementing the amendments after they are adopted.
“I am afraid that tomorrow we could hear the argument: ‘We tried, but we did not succeed,’” Koci said, urging lawmakers not to raise expectations among the public and families without first establishing how the proposed changes could be put into practice.
Koci called on MPs to consult legal professionals and seek a solution that can be implemented, rather than focusing primarily on the potential political consequences of their decisions.
“I also want to help the liberators. But I do not believe this is the right way,” he said.
He acknowledged that his position could be misunderstood and could carry a political cost, but said he was prepared to assume that burden.
Koci ultimately called on lawmakers to provide clear answers before voting on the proposed amendments.
“What happens after the vote? How will these changes be implemented, and how will they help the liberators?” he asked, saying that citizens deserved answers to these questions before the Assembly proceeded.
