European Union foreign policy chief Kaja Kallas has said that amendments to Kosovo’s Law on the Specialist Chambers contradict the country’s fundamental obligations to the EU and are unacceptable.
Speaking ahead of the EU Foreign Affairs Council meeting in Luxembourg on October 12, Kallas criticised changing legal rules while judicial proceedings are still ongoing.
“I want to be clear that the amendments to the Law on the Specialist Chambers in Kosovo contradict Kosovo’s fundamental obligations towards the EU. This is unacceptable,” Kallas said.
According to Kallas, changing the rules while a judicial process is underway runs counter to international rule-of-law standards.
“My message is very simple. European enlargement is moving forward. If candidate countries take steps backwards, they are not on the right path and will not be able to become members of the EU,” she said.
Kallas’s statement comes after Kosovo’s Assembly approved amendments last week to the law governing the Specialist Chambers in The Hague, commonly known as the Kosovo Specialist Court.
The amendments were proposed by the Democratic Party of Kosovo (PDK) just five days after the September 16 verdict, in which the Specialist Chambers sentenced former Kosovo President Hashim Thaçi and three other former Kosovo Liberation Army (KLA) leaders — Kadri Veseli, Jakup Krasniqi and Rexhep Selimi — to a combined 81 years in prison for war crimes.
All four maintained their innocence throughout the proceedings.
The legislative amendments seek to restrict the jurisdiction of the Specialist Chambers by narrowing the period covered and the categories of criminal offences the court can examine.
Among other provisions, they propose reducing the maximum prison sentence to 15 years, allowing appeals to Kosovo’s Supreme Court and permitting sentences to be served in Kosovo.
EU Calls for Respect for the Specialist Chambers’ Independence
Kallas’s statement is the latest warning from the EU over the legislative changes.
On October 8, the European External Action Service said the amendments to the Law on the Specialist Chambers were incompatible with Kosovo’s international obligations towards the EU.
In its response, the EU stressed that the Specialist Chambers are an independent judicial institution established through decisions of Kosovo’s Assembly in 2014 and 2015, and that their mandate and independence must be fully respected.
The EU urged Kosovo to honour its international obligations, safeguard the court’s independence, ensure justice for victims and their families from all communities, and protect the safety and security of witnesses.
The German Embassy in Pristina also expressed similar concerns, stressing that the independence of the Specialist Chambers must not be undermined.
The PDK, meanwhile, rejected the EU’s assessment.
PDK MP Përparim Gruda said the amendments did not violate any of Kosovo’s international obligations.
According to the party, the aim is not to shut down the court but to limit its mandate in line with the purpose for which it was established.
Prime Minister Albin Kurti had described the amendments as rushed and insufficiently analysed, although his Vetëvendosje Movement supported them during parliamentary consideration.
The Specialist Chambers are part of Kosovo’s judicial system but operate in The Hague, with international judges and prosecutors.
They were established to address allegations of crimes committed during and after Kosovo’s 1998–1999 war.
Their legal foundation is also linked to Kosovo’s international agreements with the EU, including the 2014 exchange of letters, which provided for consultations on legal changes that could affect the court’s mandate.
Another Obstacle in Kosovo–EU Relations
The EU’s opposition to the amendments adds another point of disagreement between Brussels and Pristina, at a time when Kosovo has yet to obtain EU candidate-country status.
Kosovo applied for EU membership in December 2022 but remains the only country in the Western Balkans without candidate status.
Its progress towards the EU depends, among other factors, on rule-of-law reforms, the functioning of democratic institutions and the normalisation of relations with Serbia.
In its latest enlargement report, the European Commission stressed that closer integration with the EU depends on progress in democracy, the rule of law and respect for fundamental rights.
It also reiterated the importance of normalising relations with Serbia for Kosovo’s European prospects.
Kosovo’s path to membership is further complicated by the fact that five EU member states — Spain, Greece, Romania, Slovakia and Cyprus continue to refuse to recognise its independence.
