Constitution

Kosovo 2008 Constitution (reviewed 2016)

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Table of Contents

Chapter XIV. Transitional Provisions

Article 146. International Civilian Representative

[Abrogated by Constitutional Amendment 7, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

Notwithstanding any provision of this Constitution:

  1. The International Civilian Representative and other international organizations and actors mandated under the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007 have the mandate and powers set forth under the said Comprehensive Proposal, including the legal capacity and privileges and immunities set forth therein.
  2. All authorities in the Republic of Kosovo shall cooperate fully with the International Civilian Representative, other international organizations and actors mandated under the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007 and shall, inter alia, give effect to their decisions or acts.

Article 162. Effective Date

This Constitution shall enter into force and effect on 15 June 2008.

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Article 147. Final Authority of the International Civilian Representative

[Abrogated by Constitutional Amendment 8, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

Notwithstanding any provision of this Constitution, the International Civilian Representative shall, in accordance with the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007, be the final authority in Kosovo regarding interpretation of the civilian aspects of the said Comprehensive Proposal. No Republic of Kosovo authority shall have jurisdiction to review, diminish or otherwise restrict the mandate, powers and obligations referred to in Article 146 and this Article.

Article 148. Transitional Provisions for the Assembly of Kosovo

Article 149. Initial Adoption of Laws of Vital Interest

[Abrogated by Constitutional Amendment 10, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

Notwithstanding the provisions of Article 81 of this Constitution, the laws of vital interest enumerated therein shall be initially adopted by the majority vote of the deputies of the Assembly present and voting.

Article 150. Appointment Process for Judges and Prosecutors

Article 151. Temporary Composition of Kosovo Judicial Council

[Abrogated by Constitutional Amendment 12, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

Until the end of the international supervision of the implementation of the Comprehensive Proposal for Kosovo Status Settlement, dated 26 March 2007, the Kosovo Judicial Council shall be composed as follows:

  1. Five (5) members shall consist of the Kosovan members of the Independent Judicial and Prosecutorial Commission who have been vetted by the Independent Judicial and Prosecutorial Commission as part of Phases 1 and 2 of the Appointment Process, in accordance with Administrative Direction 2008/02. Of these five (5) members, one (1) judge and one (1) prosecutor, randomly selected, shall serve on the Kosovo Judicial Council until the natural expiration of their existing mandates, at which time they shall be replaced by one (1) judge and one (1) prosecutor vetted by the Independent Judicial and Prosecutorial Commission and elected by their peers following methods intended to ensure the widest representation of the judiciary and prosecutorial service. The remaining two (2) judges and one (1) prosecutor, from among the five Kosovan Independent Judicial and Prosecutorial Commission members, shall serve on the Kosovo Judicial Council for an additional one (1) year term after the natural expiration of their existing mandates, at which time they shall be replaced by the same procedure as their former Independent Judicial and Prosecutorial Commission colleagues. In the event that an entity responsible for matters related to the appointment, disciplining and dismissal of prosecutors were established, all five remaining members of the Kosovo Judicial Council shall be judges.
  2. The remaining eight (8) members of the Council shall be elected by the Assembly of Kosovo as set forth by this Constitution, except that two (2) out of the four (4) members elected by deputies holding seats attributed during the general distribution of seats shall be international members selected by the International Civilian Representative on the proposal of the European Security and Defense Policy Mission. One of the international members shall be a judge.

Article 152. Temporary Composition of the Constitutional Court

[Abrogated by Constitutional Amendment 13, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

Until the end of the international supervision of the implementation of the Comprehensive Proposal for Kosovo Status Settlement, dated 26 March 2007, the Constitutional Court shall be composed as follows:

  1. Six (6) out of nine (9) judges shall be appointed by the President of the Republic of Kosovo on the proposal of the Assembly.
  2. Of the six (6) judges two (2) judges shall serve for a non-renewable term of three (3) years, two (2) judges shall serve for a non-renewable term of six (6) years, and two (2) judges shall serve for a non-renewable term of nine (9) years. Mandates of initial period judges shall be chosen by lot by the President of the Republic of Kosovo immediately after their appointment.
  3. Of the six (6) judges, four (4) shall be elected by a two-thirds (2/3) vote of the deputies of Assembly present and voting. Two (2) shall be elected by majority of the deputies of the Assembly present and voting including the consent of the majority of the deputies of the Assembly holding seats reserved or guaranteed for representatives of Communities that are not in the majority in Kosovo.
  4. Three (3) international judges shall be appointed by the International Civilian Representative, upon consultation with the President of the European Court of Human Rights. The three (3) international judges shall not be citizens of Kosovo or any neighboring country.
  5. The International Civilian Representative shall determine when the mandates of the international judges expire and the judges shall be replaced as set forth by the Constitution.

Article 153. International Military Presence

[Abrogated by Constitutional Amendment 14, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

Notwithstanding any provision of this Constitution, the International Military Presence has the mandate and powers set forth under the relevant international instruments including United Nations Security Council Resolution 1244 and the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007. The Head of the International Military Presence shall, in accordance with the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007, be the final authority in theatre regarding interpretation of those aspects of the said Settlement that refer to the International Military Presence. No Republic of Kosovo authority shall have jurisdiction to review, diminish or otherwise restrict the mandate, powers and obligations referred to in this Article.

Article 154. Kosovo Protection Corps

[Abrogated by Constitutional Amendment 15, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

The Kosovo Protection Corps shall be dissolved within one year after entry into force of this Constitution. Until such dissolution, the International Military Presence, in consultation with the International Civilian Representative and the Republic of Kosovo, shall exercise executive authority over the Kosovo Protection Corps and shall decide on the schedule of its dissolution.

Article 155. Citizenship

[Moved to Chapter I by Constitutional Amendment 16, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

  1. All legal residents of the Republic of Kosovo as of the date of the adoption of this Constitution have the right to citizenship of the Republic of Kosovo.
  2. The Republic of Kosovo recognizes the right of all citizens of the former Federal Republic of Yugoslavia habitually residing in Kosovo on 1 January 1998 and their direct descendants to Republic of Kosovo citizenship regardless of their current residence and of any other citizenship they may hold.

Article 156. Refugees and Internally Displaced Persons

[Moved to Chapter II by Constitutional Amendment 16, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

The Republic of Kosovo shall promote and facilitate the safe and dignified return of refugees and internally displaced persons and assist them in recovering their property and possession.

Article 157. Auditor-General of Kosovo

[Abrogated by Constitutional Amendment 18, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

Until the end of the international supervision of the implementation of the Comprehensive Proposal for Kosovo Status Settlement, dated 26 March 2007, the Auditor-General of the Republic of Kosovo shall be an international appointed by the International Civilian Representative.

Article 158. Central Banking Authority

[Abrogated by Constitutional Amendment 19, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

Until the end of the international supervision of the implementation of the Comprehensive Proposal for Kosovo Status Settlement, dated 26 March 2007, the Governor of the Central Bank of the Republic of Kosovo shall be appointed by the President of the Republic of Kosovo following consent by the International Civilian Representative.

Article 159. Socially Owned Enterprises and Property

Article 160. Publicly Owned Enterprises

Article 161. Transitional Provision

[As amended by Constitutional Amendment 22, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]

The individuals appointed by the International Civilian Representatives in accordance with the Comprehensive Proposal for the Kosovo Status Settlement, 26 March 2007 whose appointments have not been terminated prior to the declaration of the end of supervised independence shall continue to carry out their functions in the institution for the specified term of appointment. Kosovo shall accord to these individuals the same privileges and immunities as are enjoyed by diplomatic agents and their families under the Vienna Convention on Diplomatic Relations.

Article 162 – NEW. The Specialist Chambers and the Specialist Prosecutor’s Office

[Added by Constitutional Amendment 24, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 20 / 5 AUGUST 2015, PRISTINA]

Notwithstanding any provision in this Constitution:

  1. To comply with its international obligations in relation to the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011, the Republic of Kosovo may establish Specialist Chambers and a Specialist Prosecutor’s Office within the justice system of Kosovo. The organization, functioning and jurisdiction of the Specialist Chambers and Specialist Prosecutor’s Office shall be regulated by this Article and by a specific law.
  2. The Specialist Chambers and Specialist Prosecutor’s Office shall uphold the protections enshrined within Chapter IIof the Constitution, and in particular shall act in compliance with the international human rights standards guaranteed by Article 22 and subject to Article 55.
  3. A Specialist Chamber of the Constitutional Court, composed of three (3) international judges appointed in addition to the judges referred to in Article 114 (1), shall exclusively decide any constitutional referrals under Article 113 of the Constitution relating to the Specialist Chambers and Specialist Prosecutor’s Office in accordance with a specific law.
  4. The Specialist Chambers and the Specialist Prosecutor’s Office shall have full legal and juridical personality and shall have all the necessary powers and mandate for their operation, judicial co-operation, assistance, witness protection, security, detention and the service of sentence outside the territory of Kosovo for anyone convicted, as well as in relation to the management of any residual matters after finalization of the mandate. Arrangements arising from the exercise of these powers are not subject to Article 18.
  5. Before entering into any international treaty with a third state relating to judicial cooperation, which would otherwise require ratification under Article 18, the Specialist Chambers shall seek the agreement of the Government.
  6. The Specialist Chambers may determine its own Rules of Procedure and Evidence, in accordance with international human rights standards as enshrined in Article 22 and be guided by the Kosovo Code of Criminal Procedure. The Specialist Chamber of the Constitutional Court shall review the Rules to ensure compliance with Chapter II of the Constitution.
  7. The Specialist Chambers and the Specialist Prosecutor’s Office may have a seat in Kosovo and a seat outside Kosovo. The Specialist Chambers and the Specialist Prosecutor’s Office may perform their functions at either seat or elsewhere, as required.
  8. Consistent with international law and pursuant to international agreements, any persons accused of crimes before the Specialist Chambers may be detained on remand and transferred to the Specialist Chambers sitting outside the territory of Kosovo. If found guilty and sentenced to imprisonment, any such persons may be transferred to serve their sentence in a third country, outside the territory of Kosovo, pursuant to arrangements concluded under paragraph 4.
  9. The official languages of the Specialist Chambers and the Specialist Prosecutor’s Office shall be Albanian, Serbian and English. The Specialist Chambers and the Specialist Prosecutor may decide on the official use of language(s) for the exercise of their mandate.
  10. Appointment and oversight of judges and prosecutors and the oversight and administration of the Specialist Chambers and Specialist Prosecutor’s Office shall be in accordance with a specific law.
  11. A separate Ombudsperson of the Specialist Chambers with exclusive responsibility for the Specialist Chambers and Specialist Prosecutor’s Office shall be appointed and his/her function and reporting obligations determined by [a specific law]. Articles 133(2), 134, 135(1) and (2) shall not apply to the Ombudsperson for the Specialist Chambers. The Ombudsperson of Kosovo may also refer matters as provided by Article 135 (4).
  12. Specific administrative procedures, modalities, the organisation and functioning of the Specialist Chambers and Specialist Prosecutor’s Office, the oversight, budgeting, auditing and other functions will be regulated by international agreement, by a specific law and through arrangements made under paragraph 4.
  13. The mandate of the Specialist Chambers and the Specialist Prosecutor’s Office shall be for a period of five (5) years, unless notification of completion of the mandate in accordance with Law No. 04/L-274 occurs earlier.
  14. In the absence of notification of completion of the mandate under paragraph 12, the mandate of the Specialist Chambers and the Specialist Prosecutor’s Office shall continue until notification of completion is made in accordance with Law No. 04/L-274 and in consultation with the Government.

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