NGO CASA Calls for Temporary Exemptions of Categories of Persons who may be Particularly Affected from the Implementation of the Law on Foreigners and Law on Vehicles to Protect Fundamental Rights
11th of March, 2026 – While maintaining that postponing full implementation of the law is the best solution, NGO CASA also issued an appeal to the international community and competent institutions requesting the temporary exemption of certain categories of persons from the full implementation of the Law on Foreigners and the Law on Vehicles, which is expected to begin on 15 March 2026.
The appeal is based on a legal and policy analysis conducted by NGO CASA with independent legal experts, assessing the potential impacts of the full implementation of these laws on members of the Serbian and other non-majority communities in Kosovo. The organization warns that immediate and strict enforcement could create serious legal uncertainty, human rights risks, and major disruptions to daily life, especially for those who have lived and worked in Kosovo for many years without Kosovo-issued documentation. CASA also notes that these restrictions could have wider societal effects, including potential disruptions to healthcare and education services within the Serbian community.
According to NGO CASA’s analysis, a legal question arises regarding the long-standing administrative tolerance by Kosovo authorities of the entry, residence, employment, and vehicle use of persons holding Serbian-issued documents. For over a decade, many individuals have openly lived and worked in Kosovo, including in healthcare, education, and other public services, without facing administrative sanctions. International legal standards and European Court of Human Rights jurisprudence indicate that authorities cannot ignore the long-term de facto residence of individuals when it has been known, tolerated, or effectively accepted. Key legal principles include the prohibition of excessive formalism, legal certainty, and legitimate expectations, which protect individuals who have relied on consistent administrative practices.
Based on field observations and information provided by affected individuals, NGO CASA has identified several categories of persons who may be particularly affected, including individuals with unresolved civil status or long-term residence in Kosovo without Kosovo-issued documents, persons married to Kosovo ID holders, individuals undergoing civil status verification procedures, medical professionals, professors, and employees in public services, students, internally displaced persons, returnees and other complex cases requiring access to status resolution procedures, as well as individuals who have long relied on administrative tolerance regarding the use of vehicles registered with Serbian documentation.
NGO CASA highlights that many of the challenges, are closely linked to solutions under the EU-facilitated Brussels Dialogue and should be addressed within that framework. In the meantime, the organization proposes practical temporary measures, including temporary exemption of affected individuals from full enforcement of the laws, establishment of a transitional legal regime, provision of accessible administrative procedures and temporary certificates, ensuring local availability of these procedures, and suspension of punitive measures. These steps are intended to protect human rights, reduce immediate disruption, and allow authorities time to develop sustainable solutions.
NGO CASA urges international actors, relevant institutions, and stakeholders to urgently consider the proposed measures and support efforts to identify sustainable and equitable solutions for those affected by the implementation of these laws. The organization emphasizes that special attention should be given to individuals with long-term de facto residence in Kosovo. The analysis concludes that the immediate full implementation of the Law on Foreigners and Law on Vehicles without transitional safeguards may undermine these principles and expose affected individuals to risks such as restrictions on residence, employment, movement, and access to basic services. CASA’s appeal is accompanied by a list of identified categories of persons at risk, brief legal analysis and practical temporary measures.
For more information on the appeal and brief legal analyses please go HERE.
