Kosovo’s consultations with the European Union on amendments to the Law on Specialist Chambers could serve as an opportunity to restore the trust of European partners and give momentum to Kosovo’s membership in the Council of Europe – a process that has been blocked for more than two years.
Some European affairs analysts assess that the way Kosovo handles these amendments could demonstrate its commitment to the rule of law and to respecting international obligations – issues of importance for membership in the Council of Europe.
Kosovo was close to joining this organization in 2024, but the process stalled due to the political demands of some member states, mainly related to the Association of Serb-Majority Municipalities. Although the consultations on the Law on Specialist Chambers and Council of Europe membership are two separate processes, analysts believe they are politically linked.
Ramadan Ilazi, from the Kosovo Center for Security Studies (KCSS), says that many of the states that decide on Kosovo’s membership in the Council of Europe are also those that closely monitor the fulfillment of its international obligations. However, resolving the dispute with the EU over the legal amendments would not automatically mean unblocking membership.
The final decision remains in the hands of the member states of the Council of Europe, while their political demands, especially those related to the Association, remain unresolved.
A test for relations with Europe
On November 5, European Commissioner for Enlargement Marta Kos confirmed that the European Union is holding talks with the Government of Kosovo on amendments to the Law on Specialist Chambers, also known as the Special Court.
The government, however, has not publicly provided details about these talks and has not responded to Radio Free Europe’s questions about their progress and content. The EU says it is engaging in dialogue with Kosovo on amendments to the Law on the Specialist Chambers
Prime Minister Albin Kurti, speaking on November 10 at the Paris Peace Forum, did not refer to the legal amendments, but said that dissatisfaction with the Special Court’s verdict should be addressed through appeal.
The amendments to the law, initiated by the Democratic Party of Kosovo, were approved in the Assembly on October 6, following protests against the first-instance guilty verdict against four former leaders of the Kosovo Liberation Army.
On September 16, the Special Court in The Hague convicted former President Hashim Thaçi and former Speaker of Parliament Jakup Krasniqi of war crimes, sentencing them to 25 years in prison each, former Speaker of Parliament Kadri Veseli to 18 years, and former deputy Rexhep Selimi to 13 years.
The legal amendments aim, among other things, to limit the jurisdiction of the Special Court and to change several provisions related to procedures and sentencing.
The EU opposed them, warning that they conflict with Kosovo’s international obligations and could undermine the independence of the court.
On October 22, President of Kosovo Vjosa Osmani-Sadriu returned the law to the Assembly for review.
According to the Assembly’s Rules of Procedure, the responsible committee has four weeks from the receipt of the law to prepare the report for the plenary session.
The EU welcomed the President’s decision and requested to be consulted on any further changes, in line with the 2014 exchange of letters between Kosovo and the EU.
In its report of 4 November, the European Commission also warned that the proposed changes raise serious concerns regarding Kosovo’s international obligations, the independence of the judiciary, the protection of victims and witnesses, and accountability for war crimes.
Engjëllushe Morina, senior policy researcher at the European Council on Foreign Relations, based in Berlin, warns that the changes to the Law on the Specialist Chambers could become the next obstacle for Kosovo on its path to the Council of Europe.
She assesses that now, as Kosovo has stable institutions, it should intensify its cooperation with the EU and its diplomatic engagement for European integration.
“Kosovo no longer has time to lose. Given the political context in Europe, things are moving very quickly, and the year 2027, with national elections in many member states, could change the political constellation in the EU. This could lead to a situation where Kosovo has even less support,” Morina told Radio Free Europe.
For Ilazi, meanwhile, consultations with the EU could be an opportunity to demonstrate that Kosovo is ready to address the concerns of European partners through dialogue and institutions.
“If changes are made unilaterally, the existing reservations will only be strengthened. If they pass through serious consultations, Kosovo strengthens its argument” for membership in the Council of Europe, he says.
Ilazi assesses that concerns about the way the Specialist Chambers have administered the judicial process are legitimate, but that they should be addressed through dialogue and institutional mechanisms, not through unilateral legal changes.
This position was also reflected in a joint statement published on 1 November, which Ilazi signed together with 20 academics, activists and civil society representatives from Kosovo and abroad.
In it, the signatories called for concerns regarding the judicial 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 liberation war itself is being put on trial, while stressing that victims and their families, from all communities, deserve the truth and accountability.
“These principles must be respected together and without discrimination. This is also the message that Kosovo should send to the Council of Europe,” he says.
According to him, addressing sensitive issues through institutions, expertise and dialogue would be an important message for Strasbourg and European capitals.
Association, the obstacle that remains
Beyond the debate over the Specialist Chambers, another political obstacle continues to keep Kosovo’s membership in the Council of Europe on hold: the Association of Serb-majority Municipalities.
On April 16, 2024, the Parliamentary Assembly of the Council of Europe recommended Kosovo’s admission, with 131 votes in favor, 29 against and 11 abstentions.
However, a month later, its application was not included on the agenda of the Committee of Ministers meeting – the body that makes the final decision on membership.
Several member states, including Germany and France, asked that Kosovo send the draft statute of the Association, prepared by the EU, to the Constitutional Court for review, as proof of its commitment to the agreements reached in the dialogue with Serbia.
The Government of Kosovo initially opposed the request. Later, then Foreign Minister Donika Gërvalla announced that she had sent a letter to the Council of Europe, warning that the draft statute would be sent to the Constitutional Court by the end of May 2024.
However, this was not enough to unblock the process.
What is the Association?
According to Ilazi, the request for the Association was not a formal criterion for membership, but a political condition of some member states.
He assesses that the positive recommendation of the Parliamentary Assembly had shown that Kosovo met the main standards for admission.
“So, today the problem is not that Kosovo is unprepared. The problem is a lack of political trust. This trust can be built, but it requires continuous and coordinated work,” says Ilazi.
There is no public confirmation that the states that made the Association a political condition have abandoned this demand.
Radio Free Europe asked the Ministry of Foreign Affairs of Kosovo whether the Association remains a condition for membership and what steps are required to secure the support of member states. It also asked the Council of Europe for clarification on the remaining conditions and the possibility of considering the application at the next ministerial meeting.
No institution had responded by the time of publication of this article.
The Association – both an obstacle and a bridge to the EU
According to Morina, the Association condition “is still there,” while it remains to be seen how Kosovo will handle this issue in the dialogue with Serbia.
Ilazi also says that for some European states, the Association remains an indicator of Kosovo’s readiness to fulfill the obligations undertaken in the dialogue.
He assesses that sending the draft statute to the Constitutional Court should not be seen as a political concession, but as a mechanism to guarantee that any solution is compatible with the constitutional order of Kosovo.
“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 must take this step, but not in silence and not as an isolated action,” stresses Ilazi.
According to him, Kosovo must first secure political guarantees from its key European partners and the United States that such a step would pave the way for the review of its application.
Could 2027 be a new opportunity?
On November 10, Montenegro took over the six-month presidency of the Committee of Ministers of the Council of Europe, succeeding Monaco.
Its presidency will end on May 12, 2027, when the next annual ministerial meeting is planned to be held in Montenegro.
However, there is still no confirmation that Kosovo’s application will be included on the agenda of this meeting.
To admit a new member, the Committee of Ministers must secure the support of two-thirds of all representatives entitled to take part in this body, according to the Statute of the Council of Europe.
What does Kosovo gain from the Council of Europe?
This means that, in addition to meeting the required standards, Kosovo also needs broad political support from member states.
For Ilazi, including the application on the 2027 agenda requires coordinated diplomatic engagement and concrete steps in relation to European partners.
“This requires three things: improving relations with the EU, including a consulted solution for the law on the Specialist Chambers, credible steps in the dialogue, and a coordinated diplomatic campaign with states that hesitate,” he says.
Membership in the Council of Europe would open the way for Kosovo to the European human rights protection system, including the possibility for individuals under its jurisdiction to appeal to the European Court of Human Rights./REL/