Consultations with the European Union over amendments to the Specialist Chambers Law could offer Kosovo an opportunity to rebuild trust with European partners and revive its stalled bid to join the Council of Europe, a process that has been blocked for more than two years.
Experts on European affairs say the way Kosovo handles the proposed legal changes could demonstrate its commitment to the rule of law and respect for international obligations – issues that are important for its membership in the Council of Europe.
Kosovo came close to joining the organization in 2024, but the process stalled amid political demands from several member states, primarily concerning the establishment of the Association of Serb-Majority Municipalities.
Although consultations over the Specialist Chambers Law and Kosovo’s Council of Europe membership are two separate processes, analysts believe they are politically interconnected.
Ramadan Ilazi of the Kosovo Centre for Security Studies (KCSS) says many of the countries involved in deciding Kosovo’s membership are also closely monitoring its compliance with international obligations.
However, resolving the disagreement with the EU over the proposed legal amendments would not automatically unblock Kosovo’s membership bid.
The final decision rests with the Council of Europe’s member states, while their political demands, particularly those concerning the Association, remain unresolved.
A Test for Relations With Europe
On November 5, European Commissioner for Enlargement Marta Kos confirmed that the European Union was holding discussions with the Kosovo Government over amendments to the Law on Specialist Chambers, also known as the Specialist Court.
The government, however, has not publicly provided details about the discussions and has not responded to Radio Free Europe’s questions regarding their progress or content.
Speaking at the Paris Peace Forum on November 10, Prime Minister Albin Kurti did not refer to the proposed legal amendments but said that dissatisfaction with the Specialist Court’s judgment should be addressed through the appeals process.
The amendments, initiated by the Democratic Party of Kosovo (PDK), were approved by the Assembly on October 6, following protests against the first-instance convictions of four former Kosovo Liberation Army (KLA) leaders.
On September 16, the Specialist Chambers in The Hague sentenced former President Hashim Thaçi and former Assembly Speaker Jakup Krasniqi to 25 years in prison each, former Assembly Speaker Kadri Veseli to 18 years, and former MP Rexhep Selimi to 13 years for war crimes.
The proposed amendments seek, among other things, to restrict the jurisdiction of the Specialist Chambers and change several provisions concerning judicial procedures and sentencing.
The EU opposed the changes, warning that they conflict with Kosovo’s international obligations and could undermine the court’s independence.
On October 22, Kosovo President Justina Shiroka Pula returned the law to the Assembly for reconsideration.
Under the Assembly’s rules of procedure, the responsible committee has four weeks from receiving the law to prepare a report for the plenary session.
The EU welcomed the president’s decision and called for consultations on any further amendments, in accordance with the 2014 exchange of letters between Kosovo and the EU.
In its November 4 report, the European Commission also warned that the proposed amendments raised serious concerns regarding Kosovo’s international obligations, judicial independence, the protection of victims and witnesses, and accountability for war crimes.
Engjëllushe Morina, a senior policy fellow at the European Council on Foreign Relations (ECFR), based in Berlin, warns that the proposed amendments could become another obstacle to Kosovo’s path towards the Council of Europe.
She argues that, now that Kosovo has stable institutions, it should intensify cooperation with the EU and strengthen its diplomatic engagement to advance European integration.
“ Kosovo no longer has time to lose. Given the political context in Europe, things are moving very quickly, and 2027, with national elections in many member states, could change the political constellation within the EU. This could put Kosovo in a position where it has even less support,” Morina told Radio Free Europe.
Ilazi, meanwhile, believes the consultations with the EU could provide an opportunity for Kosovo to demonstrate its willingness to address European partners’ concerns through dialogue and institutional channels.
“If the amendments are made unilaterally, existing reservations will only become stronger. If they go through serious consultations, Kosovo strengthens its argument” for membership in the Council of Europe, he said.
Ilazi considers concerns about the way the Specialist Chambers have conducted judicial proceedings legitimate, but argues that they should be addressed through dialogue and institutional mechanisms rather than unilateral legislative changes.
This position was also reflected in a joint statement published on November 1, which Ilazi signed alongside 20 academics, activists and civil society representatives from Kosovo and abroad.
The signatories called for concerns surrounding the proceedings in The Hague to be addressed while simultaneously respecting the rights of the accused, justice for victims and Kosovo’s international obligations.
Ilazi says that justice for victims should not create the impression that the KLA’s liberation struggle itself is being put on trial. He also stresses that victims and their families, from all communities, deserve truth and accountability.
“These principles must be respected together and without discrimination. This is also the message Kosovo should send to the Council of Europe,” he said.
According to Ilazi, addressing sensitive issues through institutions, expert involvement and dialogue would send an important message to Strasbourg and European capitals.
The Association Remains an Obstacle
Beyond the debate over the Specialist Court, another political obstacle continues to hold up Kosovo’s membership in the Council of Europe: the Association of Serb-Majority Municipalities.
On April 16, 2024, the Parliamentary Assembly of the Council of Europe recommended that Kosovo be admitted to the organization, with 131 votes in favour, 29 against and 11 abstentions.
However, one month later, Kosovo’s application was not included on the agenda of the Committee of Ministers, the body responsible for making the final membership decision.
Several member states, including Germany and France, demanded that Kosovo submit the EU-drafted statute of the Association to the Constitutional Court for assessment as evidence of its commitment to agreements reached in the dialogue with Serbia.
The Kosovo Government initially rejected the request. Later, then-Foreign Minister Donika Gërvalla announced that she had sent a letter to the Council of Europe, pledging to refer the draft statute to the Constitutional Court by the end of May 2024.
However, this was not enough to unblock the process.
According to Ilazi, the demand concerning the Association was not a formal membership criterion but rather a political condition imposed by certain member states.
He argues that the positive recommendation by the Parliamentary Assembly demonstrated that Kosovo had met the main standards required for membership.
“The problem today is not that Kosovo is unprepared. The problem is the lack of political trust. That trust can be built, but it requires continuous and coordinated work,” Ilazi said.
There has been no public confirmation that the countries which made the Association a political condition have abandoned their demand.
Radio Free Europe contacted Kosovo’s Ministry of Foreign Affairs to ask whether the Association remains a condition for membership and what steps are required to secure the support of member states. It also sought clarification from the Council of Europe regarding the outstanding conditions and the possibility of reconsidering Kosovo’s application at the next ministerial meeting.
Neither institution had responded by the time the article was published.
According to Morina, the condition concerning the Association “is still there”, while it remains to be seen how Kosovo will address the issue in its dialogue with Serbia.
Ilazi also says that, for several European countries, the Association remains an indicator of Kosovo’s willingness to fulfil the commitments undertaken in the dialogue.
He believes that submitting the draft statute to the Constitutional Court should not be viewed as a political concession, but rather as a mechanism to ensure that any proposed solution complies with Kosovo’s constitutional order.
“It is a constitutional procedure that protects Kosovo itself, because the Court guarantees that any solution will be in line with the Constitution and the unitary character of the state. Kosovo should take this step, but not quietly and not as an isolated action,” Ilazi stressed.
According to him, Kosovo should first secure political guarantees from its main European partners and the United States that such a move would pave the way for reconsideration of its membership application.
Could 2027 Offer a New Opportunity?
On November 10, Montenegro took over the six-month presidency of the Council of Europe’s Committee of Ministers from Monaco.
Its presidency will conclude on May 12, 2027, when the next annual ministerial meeting is scheduled to take place in Montenegro.
However, there is still no confirmation that Kosovo’s membership application will be included on the agenda of that meeting.
Under the Statute of the Council of Europe, admitting a new member requires the support of two-thirds of all representatives entitled to participate in the Committee of Ministers.
This means that, in addition to meeting the required standards, Kosovo needs broad political support from member states.
Ilazi says that getting Kosovo’s application onto the 2027 agenda will require coordinated diplomatic engagement and concrete steps in relations with European partners.
“This requires three things: improving relations with the EU, including a solution to the Specialist Chambers Law reached through consultations; credible steps in the dialogue; and a coordinated diplomatic campaign targeting hesitant countries,” he said.
Membership in the Council of Europe would give Kosovo access to the European human rights protection system, including the possibility for individuals under its jurisdiction to apply to the European Court of Human Rights.
