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PDK regrets the Special Law again

Special

The PDK has demanded that the version of the amendments to the Law on the Special Court, which it had itself requested the president to return to the Assembly for amendments, enter into force. The party has now proposed that the president's veto be overturned first, while the amendment of the law be made through a new initiative within two weeks. The approach has prompted opposition from Vetëvendosje and LDK, while it has been supported by AAK. Nevertheless, the PDK proposal has been included in the agenda of the Assembly session, which will continue its work on Friday.

The Assembly has included on its agenda the consideration of the Draft Law that limits the mandate of the Special Court, following the request of the Democratic Party (PDK) to overturn President Justina Shiroka-Pula's veto and to enter into force the version approved by MPs in two readings.

The President had returned the law to the Parliament precisely at the request of the PDK to make some changes to it. However, this political entity has once again "regretted" and has requested that the same content of the law be approved and, after the law enters into force, that it be subject to amendment.

At Thursday's session, the Deputy Speaker of the Assembly, Vlora Çitaku, who is the acting speaker of the PDK, on ​​behalf of the Parliamentary Group of this party, presented a procedural motion to change the agenda, with the proposal that it include the review of the Draft Law on Amending and Supplementing the Law on Specialized Chambers and the Specialized Prosecutor's Office. 

"I request that the law be approved today and that we immediately begin the amendment procedure on Monday. To show seriousness, let's give this process two weeks. I publicly pledge that on Monday we will bring the new legal initiative and within two weeks we will make the changes to the Law in question", Çitaku declared during the session. "We have made this decision aware that it will cost us politically, but for us the goal is more important than the damage it could do to us as a political party. We have made it with the full conviction that we can make changes to it".

The PDK received support to put it on the agenda from the Vetëvendosje Movement and the Alliance.

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"This draft law and the way it has been drafted and addressed is not the right way to deal with it, however, since PDK has believed in this draft law, we have given our support," said Arbërie Nagavci, head of the LVV parliamentary group.

Even the head of the Alliance's deputies, Besnik Tahiri, said that the entity he belongs to supports the motion.
The Democratic League (LDK) did not vote in favor of the changes to the Law on Special. This party did not support the PDK motion either.

"LDK has the same position on this law, as we stated in the session when it was first proposed," said Jehona Lushaku, head of the LDK parliamentary group.

In addition to the approval in Thursday's session, the PDK had another request. But it was immediately rejected by the Speaker of the Assembly.

"I propose that it be listed either immediately after parliamentary questions, or immediately after international agreements," was Çitaku's request.

But the law was not high on the agenda.

"Please, leave it alone, you know very well what the situation is, very well that we have discussed it at length. This item is the last on the agenda and I had asked you not to make any other requests because you are very well aware of the sensitivity, debates and discussions," replied Speaker Haxhiu.

The motion proposal was approved and included as the 11th item on the agenda. Out of 84 deputies present, 79 voted in favor.

This issue was not addressed on Thursday, as, in the absence of the necessary quorum to continue the proceedings, Parliament Speaker Albulena Haxhiu interrupted the plenary session.

"The session continues tomorrow at 11:00. It is not serious that even 30 minutes after 14:00 the deputies are not coming. I cannot function and wait indefinitely," said Haxhiu.

The Assembly's decision was preceded by a decision-making process in the parliamentary committee on legislation, which decided "to draft a report for the plenary session, where MPs will decide whether to approve the draft law without amendments, returned by President Shiroka, with the necessary majority of 61 votes."

In the Commission, PDK lawmakers for the first time submitted the request to overturn President Shiroka-Pula's veto.

MP Bleta Deliu-Kodra said that negotiations have been held with the ruling Vetëvendosje Movement on how the law will be handled. 

"61 votes are needed to approve the law and also to overturn the president's veto. Therefore, on this occasion, I would like to invite all my fellow MPs to proceed with the law and approve it. This is the first phase that is being passed in this Commission and then we will have the opportunity to discuss and amend the already much-discussed law in the plenary session," said Deliu-Kodra.

She said that there have been different interpretations of the Assembly's Rules of Procedure, as the PDK has assessed that amending the law is possible at this stage, while the parliamentary majority has assessed that such a thing is not allowed and that, if changes need to be made to the document, the procedure must start from scratch.

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"Therefore, today we are in the situation that we must proceed with the law for approval in the Assembly, in its current form. Then we will start a new process of amending the law, together with the deputies," she declared.

According to Deliu-Kodra, the current version of the law must be re-voted in the Assembly in accordance with Article 84 of the Rules of Procedure, while 61 votes are needed for its approval and the overturning of the president's veto.
After the Special Court sentenced four former KLA leaders, Hashim Thaçi, Jakup Krasniqi, Kadri Veseli and Rexhep Selimi, to a total of 81 years in prison, the PDK initiated amendments to the law for this court, which envisage the limitation of subject matter, temporal and territorial jurisdiction. Among other things, the amendments require that if the conviction is not overturned on appeal, then the procedure in the Supreme Court will take place in Kosovo and not in The Hague.

The PDK-appointed group that drafted the legal amendments was led by MP Përparim Gruda. He opposed the party's decision to ask the president not to sign the law, and on Thursday, when the party decided to enact the same content of the document, he refused to speak, not answering journalists' questions.

The Alliance was also against the withdrawal of the law. However, the new PDK initiative was supported by this party in the Commission.

MP Besnik Tahiri said that the party he belongs to supports the position of the sponsor of the Law, namely the PDK, both in the Commission and in the Assembly.

"However, we ask the Kosovo Assembly and the Government, if the request is for an amendment, or rather a change, of the articles of this law, that this happen not at the speed of a frying pan, but at the speed of light," said Tahiri.

And, the Vetevendosje Movement MP, Adnan Rrustemi, told the Commission that his party is in favor of the option of not overturning the president's veto and starting the drafting of the law from scratch. However, he emphasized that it will be up to the Assembly to decide on this issue. 

"The sponsor himself initiated the Law, it is precisely the sponsor who himself requested the return of the Law from the President with general justifications and of course it is in the hands of the sponsor to give it a proper and sustainable epilogue. We are in such a situation for new lawmaking, for a new law, giving the sponsor confidence that he has identified defects in the Law. We are not here today to vote for the same, considering the concerns that the sponsor himself has given. We are for a new legal initiative," he said.

Even in a statement for KOHA, Rrustemi said that mistakes are costing heavily, so there is no need to rush as there is still two weeks left. 

"We still have two weeks. It is not good to rush again and make mistakes and regret them again. The mistakes are costing us dearly. There is no fourth reading," said Rrustemi. 
He called for the entire working group for the state strategy for the Appeal in The Hague to consult with the EU and then report to the Assembly to see where changes can be made. 

And his colleague, Artan Abrashi, emphasized that he does not feel obligated to act according to the PDK's scenario. He called the focus on the State Strategy for dealing with the Appeal in The Hague important.  

Meanwhile, his party colleague, Vigan Qorrolli, who is also the chairman of the Parliamentary Committee for Legislation, has expressed his position in favor of moving forward with a new legal initiative.

"Our position as a political majority is very clear: We consider that a new legal initiative drafted with care and joint parliamentary participation would be the most responsible way to address this issue," said Qorrolli.

And, LDK MP Vjosa Osmani, who was president in the previous mandate, said that she is against overturning President Shiroka-Pula's veto.

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"We are now waiting to see what will be brought to the Assembly. In principle, if the intention is to pass the same Law and overturn the President's veto, of course we are not in favor, for all the reasons we presented in the session at that time, but also for additional reasons. Now we do not know if such a thing will be intended or if there will be a new legal initiative to change the Law, but whatever it is, the LDK is not in favor of initiatives that in fact essentially achieve nothing in protecting the historical truth of Kosovo and its liberation war, but simply create false expectations," Osmani said before the start of the Assembly session.

The amendments to the Law on Special were voted on October 6. On October 22, it was returned to the Assembly by President Shiroka-Pula at the request of the PDK, which initiated the amendments.