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Head of EULEX says Kosovo President has not consulted him when proposed constitutional amendments on Special Court mandate

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Head of EULEX, Lars-Gunnar Wigemark, says Kosovo president Hashim Thaci has not consulted the EU Rule of Law Mission when submitted to the Assembly the proposal on the Hague-based Special Court’s mandate. The EULEX considers that Thaci’s proposal on the mandate of Special Court should be ruled inadmissible.

The Head of EULEX in his referral to the Specialist Chambers of the Constitutional Court has recalled that in 2014 the President of Kosovo and EU High Representative in the Exchange of Letters agreed on EULEX mandate and establishment of a specialist court which was later ratified by the Parliament of Kosovo. The Exchange of Letters resulted in amendment of the Constitution enabling establishment of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office in the Hague, in 2015.

In his request to the Parliament, Thaci called on MPs to extend the mandate of this Court beyond an initial five-year mandate. According to Thaci’s proposal the mandate of the KSC and SPO shall continue until notification of completion of mandate is made by the Council of the European Union, in consultation with the Government of the Republic of Kosovo.

Following President’s proposal, Speaker of Parliament Vjosa Osmani addressed a letter to the President of the KSC, Ekaterina Trendafilova, asking whether the proposed amendments diminish the human rights guaranteed by the Constitution of Kosovo. The constitutional amendments are possible only with two third of votes of Kosovo MPs. The voting can take place only after the Speaker addresses the Constitutional Court to assess whether the proposed amendments are in line with the Constitution. The Specialist Chambers of the Constitutional Court asked comments from the EULEX related to this matter.

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