Annex: Amendments
AMENDMENTS ON THE CONSTITUTION OF THE REPUBLIC OF KOSOVO REGARDING THE ENDING OF INTERNATIONAL SUPERVISION OF INDEPENDENCE OF KOSOVO
[Published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]
Amendment 1
Article 58, paragraph 4., shall be reworded with the following text:
The Republic of Kosovo shall adopt adequate measures as may be necessary to promote full and effective equality in all areas of economic, social, political and cultural life, among members of communities and the effective participation of communities and their members in public life and decision making. Such measures shall not be considered to be an act of discrimination.
Amendment 2
Article 81, paragraph 1. shall be reworded with the following text:
The following laws shall require for their adoption, amendment of abrogation both the majority of the Assembly deputies and the majority of the Assembly deputies who hold seats guaranteed for representatives of Communities that are not in the majority.
Amendment 3
Article 81 paragraph 1. item ( 5) shall be deleted and reworded as follows: Laws on protection of cultural heritage and special protected areas.
Amendment 4
Article 143 shall be deleted.
Amendment 5
Article 144 (Amendments), shall be moved to Chapter I — Basic Provisions
Amendment 6
Article 145 (Continuity of International Agreements and Applicable Legislation), shall be moved to Chapter I — Basic Provisions.
Amendment 7
Article 146 shall be deleted.
Amendment 8
Article 147 shall be deleted.
Amendment 9
Article 148 shall be deleted.
Amendment 10
Article 149 shall be deleted.
Amendment 11
Article 150 shall be deleted.
Amendment 12
Article 151 shall be deleted.
Amendment 13
Article 152 shall be deleted.
Amendment 14
Article 153 shall be deleted.
Amendment 15
Article 154 shall be deleted.
Amendment 16
Article 155 (Citizenship), shall be moved to Chapter I — Basic Provisions.
Amendment 17
Article 156 (Refugees and Internally Displaced Persons) shall be moved to Chapter II of the Constitution.
Amendment 18
Article 157 shall be deleted.
Amendment 19
Article 158 shall be deleted.
Amendment 20
Article 159 shall be deleted.
Amendment 21
Article 160 shall be deleted.
Amendment 22
Article 161 shall be deleted and a new Article shall be added as transitional provision with the following text:
Article 161 Transitional Provision
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.
Decision of the Assembly of the Republic of Kosovo, No. 04-V-436 on September 7, 2012
AMENDMENT OF THE CONSTITUTION OF THE REPUBLIC OF KOSOVO
[Published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 6 / 12 MARCH 2013, PRISTINA]
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Amendment 23
Article 65, after point (14) there is added point (15), with the following text:
“(15) gives amnesty by the respective Law, which shall be approved by two-thirds (2/3) of the votes of all deputies of the Assembly.”
- Constitutional amendments shall enter into force immediately after their approval at the Assembly of Republic of Kosovo.Decision of the Assembly of the Republic of Kosovo No. 04-V-553, 14 March 2013.
AMENDMENT OF THE CONSTITUTION OF THE REPUBLIC OF KOSOVO
[Published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 20 / 05 AUGUST 2015, PRISTINA]
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Amendment 24
Following Article 161, a new Article should be added and amended as follows:
Article 162
[The Specialist Chambers and the Specialist Prosecutor’s Office]
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 II of 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.
- Constitutional amendments shall enter into force immediately upon their adoption by the Assembly of the Republic of Kosovo.No.05 -D- 139 3 August 2015
Decision of the Assembly of the Republic of Kosovo No. 05-D-1 39, date: 3 August 2015
AMENDMENT OF THE CONSTITUTION OF THE REPUBLIC OF KOSOVO
[Published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 9 / 11 MARCH 2016, PRISTINA]
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Amendment 25
Article 108, paragraph 6, sub-paragraph 1 and 2 of the Constitution of the Republic of Kosovo shall be amended as follows:
(1) Seven (7) members shall be judges elected by the members of the judiciary.
(2) Two (2) members shall be elected by the deputies of the Assembly, holding seats attributed during the general distribution of seats and at least one of these two must be a judge.”
- Constitutional amendments shall enter into force immediately after their approval at the Assembly of the Republic of Kosovo.No. 05-V-229 24 February 2016
Decision of the Assembly of the Republic of Kosovo No. 05-D-229, date: 24 February 2016
