New legal analysis warns that the 2026 Law on Citizenship may deepen legal uncertainty and indirectly discriminate against Kosovo Serbs and other non-majority communities
North Mitrovica, 28 May 2026 – NGO CASA published today its legal and policy analysis of the newly adopted Law No. 10/L-023 on Citizenship of Kosovo, highlighting a number of serious legal, constitutional, and human rights concerns related to the implementation of the new citizenship framework.
The analysis examines the key differences between the previous 2013 Law on Citizenship and the newly adopted 2026 law, with particular focus on the practical consequences for non-majority communities, displaced persons, diaspora members, and persons born outside Kosovo.
According to the analysis, while the new law modernizes certain administrative procedures and simplifies reacquisition of citizenship for former citizens, it simultaneously introduces stricter limitations for persons born outside of Kosovo who failed to register citizenship before reaching 18 years old. CASA warns that these formally neutral provisions may in practice disproportionately affect Kosovo Serbs and other non-majority communities.
Potential Risks and Challenges for the Serbian and Other Non-Majority Communities
The analysis indicates that the new Law on Citizenship, although formally neutral, may produce disproportionately negative consequences for the Serbian and other non-majority communities in Kosovo. The new law introduces a strict age limitation requiring children born outside Kosovo to register citizenship before the age of 18, with only limited exceptions in cases of statelessness. CASA emphasizes that particularly concerning is the fact that the stricter rules for the registration of citizenship of persons born outside Kosovo are likely to affect Kosovo Serbs the most, due to displacement, reliance on Serbian administrative structures, weaker integration into Kosovo’s civil registration system, and long-standing legal and institutional uncertainty.
At the same time, the law significantly liberalizes the procedures for reacquisition of citizenship for former Kosovo citizens who voluntarily renounced their citizenship, removing previous requirements related to residence, language, integration, and financial criteria. “Although the distinction between acquisition and reacquisition of citizenship appears formally neutral, the practical effects of the law may create unequal consequences for different communities,” the analysis states.
Additional concerns arise from the possibility of subsequent review of the legality of permanent residence registration, broadly formulated national security provisions, and the fact that key issues have been left to future secondary legislation. The new law also increases the importance of registries as evidence of citizenship and introduces formalistic criteria for proving family and economic ties with Kosovo, which may particularly affect displaced persons and citizens with incomplete documentation. As a result, there is a serious risk of legal uncertainty, inconsistent implementation, and indirect discrimination against non-majority communities.
Possible Internal Conflict Within the Law
The analysis further warns of legal ambiguity and a possible normative conflict between Articles 6, 30, and 31 of the new Law on Citizenship. While Article 6 introduces restrictive conditions for acquiring citizenship by descent, including limitations for children born before their parents formally acquired citizenship or permanent resident status, Articles 30 and 31 simultaneously recognize rights for former permanent residents of Kosovo and their direct descendants, which primarily concerns members of the Serbian and other non-majority communities. Such inconsistency may lead to differing administrative interpretations, legal uncertainty, and unequal treatment of descendants born outside Kosovo.
For this reason, the analysis recommends that the Government of Kosovo or the Constitutional Court provide a clear and authoritative interpretation of the relationship between these provisions, in order to ensure that the transitional provisions protecting former permanent residents and their descendants prevail as special rules (lex specialis), while also serving as a fallback mechanism for regulating the civil status of persons who cannot exercise this right under Article 6. In this way, the inclusiveness of the legislative framework governing citizenship and access to personal documents, which are a prerequisite for rights and services in Kosovo, would be ensured. The analysis also recommends that the law explicitly confirm that descendants covered by Articles 30 and 31 are not subject to the restrictive limitations contained in Article 6 paragraph 7, while ensuring inclusive and non-discriminatory implementation toward all communities, especially non-majority communities and displaced persons.
Increased Role of Secondary Legislation Raises Additional Concerns
CASA also expresses concern regarding the extensive delegation of key issues to future bylaws and secondary legislation, particularly concerning permanent residence verification, evidentiary standards, and citizenship claims linked to the status of former permanent residents under UNMIK Regulation No. 2000/13.
The organization warns that the new law does not sufficiently recognize factual long-term residence as a relevant legal criterion for resolving citizenship and permanent residence issues, despite relevant standards developed by the European Court of Human Rights in Strasbourg concerning legal certainty and legitimate expectations.
Concerns Over Lack of Broad Public Consultation
The analysis additionally notes that the law was adopted through a relatively rapid legislative process without visible broad public debate or targeted consultation with the communities most likely to be affected by its implementation.
Given the constitutional sensitivity of citizenship regulation in Kosovo and its direct impact on political participation, representation, and community inclusion, CASA believes that broader consultation with non-majority communities, displaced persons, diaspora organizations, and civil society actors should have preceded the adoption of the law.
Recommendations
The analysis recommends:
- more flexible registration rules for persons born outside Kosovo;
- inclusive and clear secondary legislation;
- recognition of factual residence as a relevant legal criterion;
- articles 30 and 31 should prevail over the restrictive conditions contained in Article 6 paragraph 7, in order to ensure legal certainty, equal treatment, and the inclusive implementation of the law toward the Serbian and other non-majority communities, displaced persons, and descendants born outside Kosovo;
- stronger procedural safeguards against arbitrary review of permanent resident status;
- preservation of flexible evidentiary standards;
- broader public consultations; and
- regular human rights and equality impact assessments during implementation.
NGO CASA will continue monitoring the implementation of the Law on Citizenship and the Law on Foreigners, with particular attention to their impact on non-majority communities and legal certainty in Kosovo.
The full report is available HERE.
