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The law was passed, now the test of sovereignty!

2026-10-09 14:54:37 / IDE NGA AZGAN HAKLAJ

The law was passed, now the test of sovereignty!


FROM APPROVAL TO DECREE, FROM DECREE TO IMPLEMENTATION!
CONSTITUTION - SOVEREIGNTY - JURISDICTION - JUSTICE - APPEAL!
The law was approved.
This is not the end of the battle.
It is the beginning of a new stage.
Because after the vote of the Assembly, questions come that cannot be avoided:
Will the President decree it?
And, if decreed:
Will it enter into force?
And, after it enters into force:
Will it be implemented?
This is where the real test begins.
  THE PRESIDENT BEFORE THE PRESIDENCY!
HER POSITION AS CHAIRMAN OF THE ACADEMY OF SCIENCES AND ARTS OF KOSOVO!
This question takes on special weight also due to an institutional fact.
Before the election of the President of the Republic of Kosovo, Justina Shiroka - Pula was the President of the Academy of Sciences and Arts of Kosovo.
The Assembly, on October 6, 2026, elected her President of the Republic and she took office after taking the constitutional oath.
But just a few days earlier, on September 26, in her capacity as the President of the Academy of Sciences, the President had publicly reacted to the verdict of the Specialized Chambers against four former KLA leaders.
That position called for reflection not only on the verdict, but also on the nature, mandate and functioning of the Specialized Chambers, emphasizing that justice must be equal, inclusive and impartial, and that mechanisms that deal with sensitive historical periods must avoid any perception of selective justice or unequal treatment of victims and responsibilities.
This position is not proof of what President Justina Shiroka Pula will decide today.
But it is an important part of the institutional context.
And now the question becomes even stronger:
THE LAW WAS APPROVED.
WILL THE PRESIDENT DECREE IT?
  FROM VOTE TO DECREE!
The Assembly has completed one of the links in the process:
It has approved the law.
But parliamentary approval does not automatically mean implementation.
Now comes the constitutional and institutional phase.
Decree.
Entry into force.
And then the biggest test:
IMPLEMENTATION.
Because a law does not change reality with just text.
The law must have legal force.
And once it has entered into force, the institutions must implement it.
  WHAT DOES THIS LAW AFFECT?
Essentially, the debate is not simply about a technical change.
It touches on a much larger issue:
Who has the final say on the legal order of the Republic of Kosovo?
The Constitution?
The Assembly?
The Courts?
The institutions of Kosovo?
Or a mechanism created with a special mandate outside the regular system?
This is where the real weight of the change lies.
The Constitution of Kosovo, through Article 162 and Amendment 24, establishes the constitutional basis for the Specialist Chambers and the Specialist Prosecutor’s Office.
But precisely for this reason, any change in the relevant law must be read in direct relation to the Constitution, the mandate, jurisdiction and guarantees of due process.
  ARTICLE 23 — THE POINT WHERE THE BATTLE WILL FOCUSE!
According to the interpretation supporting the legal change, the Specialist Constitutional Chamber should have limited jurisdiction over matters related to the decisions, orders and judgments of the Specialist Chambers and the Specialist Prosecutor’s Office.
While the constitutionality of the law itself and the basic law for the Specialist Chambers would be a matter for the Constitutional Court of the Republic of Kosovo in Pristina.
This is precisely the point where the debate becomes constitutional.
Because the question is not only:
What does the law say?
But:
Does this regulation stand up to the Constitution?
And this cannot be resolved with political rhetoric.
It must be resolved with:
CONSTITUTION.
LEGAL TEXT.
JURISPRUDENCE.
JURISDICTION.
PROCEDURE.
The document must be the judge.
  THIS IS THE MOMENT OF SOVEREIGNTY!
This law can be read as an attempt to restore the exercise of the legal sovereignty of the Republic of Kosovo.
Not as a slogan.
Not as an emotion.
But as a fundamental question of the state:
Does the Republic of Kosovo have the capacity to issue laws, change them and determine the legal order that regulates its institutions?
Sovereignty is not only the flag.
It is not only the territory.
It is not only the border.
Sovereignty is also the ability of the state to issue, interpret, implement and defend its own legal order, within the limits of the constitution and international obligations.
Therefore, this law has a weight that goes beyond a technical amendment.
It opens a debate on the relationship between the sovereignty of Kosovo and a judicial mechanism with a special mandate.
  APPROVAL - DECREE - ENTRY INTO FORCE - IMPLEMENTATION!
This is the way.
First step:
APPROVAL.
The Assembly approved it.
Second step:
DECREE.
Now the question is on the President's table.
Third step:
ENTRY INTO FORCE.
After the completion of the constitutional and legal procedures.
Fourth step:
IMPLEMENTATION.
And that's where the real battle begins.
Because you can approve a law.
But the state is tested when the law faces the institution that is supposed to implement it.
  WILL THE SPECIALIZED CHAMBER IMPLEMENT IT?
This is the next big question.
The Specialized Chambers have their mandate and have emphasized that they continue to fulfill their mandate, guaranteeing fair procedures and the protection of witnesses and victims.
Meanwhile, after the adoption of the law, the Chambers announced that they were not consulted on the changes and that they had no comment at that moment.
So, there is now a new reality:
the Assembly has approved the law.
The specialized institution has its mandate.
And here arises the clash that must be dealt with by legal instruments.
Not with statements.
Not with pressure.
Not with emotions.
With the Constitution.
With law, with procedure, with appeal.
  SOVEREIGNTY IS NOT ANTI-JUSTICE!
This must be said clearly.
The demand for respect for Kosovo's legal sovereignty is not a demand for impunity.
Justice must function.
But justice must be:
Independent, impartial, individual, proven, legally justified.
This is also where our fundamental struggle is related:
CRIMINAL RESPONSIBILITY IS INDIVIDUAL.
A people cannot be punished for its history.
A liberation war cannot be criminalized solely because of the actions of individuals.
Nor can anyone be declared innocent simply because they belong to a historically just cause.
But no one can be convicted without evidence.
The individual is judged on the basis of evidence.
The liberators were convicted without evidence, and despite the fact that the verdict states individual punishment, collective punishment is clearly visible, because there is no evidence that proves the specific connection of each individual with each criminal offense.
Punishment with envelopes, without eyewitnesses.
For those who try to argue that the KLA is not being punished, but the individual, we say:
  HISTORY IS NOT PUNISHED TOGETHER WITH INDIVIDUALS!
Kosovo does not demand another justice.
Kosovo demands equal justice.
The KLA can be the subject of historical, political and legal debate.
But the history of a people cannot be mechanically inserted into a criminal verdict.
Nor can a criminal verdict be mechanically transformed into a verdict on a people.
The court judges individual criminal responsibility.
History analyzes an era.
Politics judges its responsibility.
And the people preserve their memory.
These are three different plans.
Their inequality is a condition for a serious debate.
  FROM LAW TO APPEAL!
And here everything is connected to the DOSSIER.
KLA — WAR — FREEDOM — THE HAGUE — APPEAL
The new law is not a separate chapter.
It is directly related to the legal battle.
Because the appeal battle is not only:
Was the decision made?
But:
Was individual responsibility proven?
Was criminal responsibility interpreted correctly?
Was the standard of proof used correctly?
Was jurisdiction respected?
Was due process protected?
And above all:
CAN THE LIBERATION WAR BE TURNED INTO CRIMINAL PURPOSE?
This is the question that must be faced legally.
Not with myth.
Not with hatred.
Not with propaganda.
WITH EVIDENCE.
  AND NOW?
The law was approved.
Approval was the first step.
Now comes:
DECREE.
Then:
ENTRY INTO FORCE.
And then:
IMPLEMENTATION.
There it will be seen whether this change remains just an act of the Assembly or turns into a norm that produces real legal effect.
And if a legal clash arises, then the battle passes to the competent institutions.
Not on the path of chaos.
Not in the language of revenge.
Not in conflict with justice.
But:
CONSTITUTION.
LAW.
JURISDICTION.
EVIDENCE.
APPEAL.
  APPROVAL IS A STAGE.
IMPLEMENTATION IS EVIDENCE.
Today, Kosovo faces an important moment.
A law was approved.
A president who until yesterday headed the Kosovo Academy of Sciences and Arts, and who a few days before her election to the Presidency demanded equal, comprehensive and impartial justice, now faces a new institutional responsibility.
Therefore, the question does not end with the vote.
Will the President decree it?
Then:
Will the law enter into force?
And then the question that will really determine the weight of this moment:
WILL IT BE IMPLEMENTED?
Because that is where the real test begins.
The test of the law.
The test of the constitution.
The test of jurisdiction.
The test of justice.
And, above all, the test of the legal sovereignty of the Republic of Kosovo.
History is not punished along with individuals.
War is not judged as a crime just because it was a war.
And justice cannot be fair if it is not the same for everyone.
NOW THE REAL BATTLE BEGINS.

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