Ústava Kosova (v angličtině - 3. část)

 

Security Sector

Article 125 [General Principles]

1. The Republic of Kosovo has authority over law enforcement, security, justice, public safety, intelligence, civil emergency response and border control within its territory.

2. Security institutions in the Republic of Kosovo shall protect public safety and the rights of all people in the Republic of Kosovo. The institutions shall operate in full transparency and in accordance with internationally recognized democratic standards and human rights. Security institutions shall reflect the ethnic diversity of the population of the Republic of Kosovo.

3. The Republic of Kosovo fully respects all applicable international agreements and the relevant international law and cooperates with the international security bodies and regional counterparts.

4. Civilian and democratic control over security institutions shall be guaranteed.

5. The Assembly of the Republic of Kosovo oversees the budget and policies of the security institutions as provided by law.

Article 126 [Kosovo Security Force]

1. The Kosovo Security Force shall serve as a national security force for the Republic of Kosovo and may send its members abroad in full conformity with its international responsibilities.

2. The Kosovo Security Force shall protect the people and Communities of the Republic of Kosovo based on the competencies provided by law.

3. The President of the Republic of Kosovo is the Commander-in-Chief of the Kosovo Security Force, which shall always be subject to control by democratically elected civilian authorities.

4. The Kosovo Security Force shall be professional, reflect ethnic diversity of the people of the Republic of Kosovo and shall be recruited from among the citizens of the Republic of Kosovo.

5. The Commander of the Kosovo Security Force shall be appointed by the President of the Republic of Kosovo upon the recommendation of the Government.  Internal organization of the Kosovo Security Force shall be determined by law.

Article 127 [Kosovo Security Council]

1. The Security Council of the Republic of Kosovo in cooperation with the President of the Republic of Kosovo and the Government develops the security strategy for the Republic of Kosovo. The Security Council of the Republic of Kosovo shall also have an advisory role on all matters relating to security in the Republic of Kosovo. 

2. The Security Council of the Republic of Kosovo shall be chaired by the Prime Minister with the support of the Government, except during a State of Emergency as provided by this Constitution.

3. The President of the Republic of Kosovo may require meetings of the Security Council of the Republic of Kosovo and the Council is obliged to closely coordinate its work with the President.  The Security Council of the Republic of Kosovo shall closely cooperate with international authorities.

4. Members of the Security Council of the Republic of Kosovo shall be appointed and dismissed in a manner provided for by law.

Article 128 [Kosovo Police]

1. The Police of the Republic of Kosovo shall be responsible for the preservation of public order and safety throughout the territory of the Republic of Kosovo.

2. The Police shall be professional and reflect the ethnic diversity of the population of the Republic of Kosovo.

3. The Prime Minister shall appoint the Police Director General of the Republic of Kosovo upon the recommendation of the Government and in accordance with law.  Internal organization of the Kosovo Police shall be provided by law.

4. The Police of the Republic of Kosovo shall have a unified chain of command throughout the Republic of Kosovo with police stations corresponding to municipal boundaries. The Kosovo Police shall facilitate cooperation with municipal authorities and community leaders through the establishment of Local Councils as provided by law. Ethnic composition of the police within a municipality shall reflect the ethnic composition of the population within the respective municipality to the highest extent possible.

5. The Police of the Republic of Kosovo shall be responsible for border control in direct cooperation with local and international authorities.

Article 129 [Kosovo Intelligence Agency]

1. The Kosovo Intelligence Agency shall identify, investigate and monitor threats to security in the Republic of Kosovo.

2. The Kosovo Intelligence Agency shall be professional, politically impartial, multi-ethnic and shall be subject to Assembly oversight in a manner provided by law.

3. The President of the Republic of Kosovo and the Prime Minister, upon consultation with the Government, shall jointly appoint the Director, Deputy Director and Inspector General of Kosovo Intelligence Agency.  Qualifications and terms of office shall be determined by law.

4. The President of the Republic of Kosovo and the Prime Minister shall receive the same intelligence information.

Article 130 [Civilian Aviation Authority]
1. The Civilian Aviation Authority of the Republic of Kosovo shall regulate civilian aviation activities in the Republic of Kosovo and shall be a provider of air navigation services as provided by law.

2. The Civilian Aviation Authority shall fully cooperate with relevant international and local authorities as provided by law.

Article 131 [State of Emergency]

1. The President of the Republic of Kosovo may declare a State of Emergency when:

(1) there is a need for emergency defense measures;

(2) there is internal danger to the constitutional order or to public security; or

(3) there is a natural disaster affecting all or part of the territory of the Republic of Kosovo.

2. During the State of Emergency, the Constitution of the Republic of Kosovo shall not be suspended. Limitations on the rights and freedoms guaranteed by the Constitution shall only be to the extent necessary, for the least amount of time and in full accordance with this Constitution. During the State of Emergency, the law on elections of the Assembly and Municipalities shall not be changed. Further principles for the actions of the public institutions during the State of Emergency shall be regulated by law, but shall not be inconsistent with this Article.

3. If there exists the need for emergency defense measures, the President of the Republic of Kosovo shall declare a State of Emergency upon consultation with the Prime Minister. In declaring the State of Emergency, the President of the Republic of Kosovo shall immediately issue a decree setting forth the nature of the threat and any limitations on rights and freedoms. Within forty eight (48) hours, the Assembly may provide its consent by two thirds (2/3) vote of the deputies present and voting. If consent is not provided, the President's decree shall have no force or effect.

4. If there exists a danger to the constitutional order and to the public safety in the Republic of Kosovo or there exists a natural disaster in all or part of the territory of the Republic of Kosovo, the President of the Republic of Kosovo may declare a State of Emergency upon consultation with the Prime Minister. In declaring the State of Emergency, the President of the Republic of Kosovo shall immediately issue a decree setting forth the nature of the emergency and any limitations on rights and freedoms. Within forty eight (48) hours, the Assembly may provide its consent by a majority vote of the deputies present and voting. If consent is not provided, the President's decree shall have no force or effect.

5. A State of Emergency shall last only as long as the danger continues and may last no longer than a period of sixty (60) days. With the consent of a majority vote of the deputies of the Assembly present and voting, the State of Emergency may be extended if necessary for successive periods of thirty (30) days up to a total of ninety (90) additional days.

6. The Assembly may place such limitations on the duration and extent of the State of Emergency as deemed necessary. When the President determines that the danger to the Republic of Kosovo is of an extraordinary nature, the Assembly may authorize an extension of the State of Emergency beyond the one hundred fifty (150) days, only if adopted by two thirds (2/3) vote of all deputies of the Assembly. 

7. The President of the Republic of Kosovo may, upon consultation with the Government and the Assembly, order mobilization of the Kosovo Security Force to assist in the State of Emergency.

8. The Security Council of the Republic of Kosovo, only during the State of Emergency, shall exercise executive functions which shall be limited to those functions which specifically relate to the State of Emergency.  In a State of Emergency the Security Council of the Republic of Kosovo shall be chaired by the President of the Republic of Kosovo, as provided by law.  During the State of Emergency, the Security Council of the Republic of Kosovo shall closely cooperate with the Government, the Assembly and international authorities.

9. The law shall define the principles, areas and manner of compensation for any losses resulting from the limitations imposed during a State of Emergency.

Independent Institutions

Article 132 [Role and Competencies of the Ombudsperson]

1. The Ombudsperson monitors, defends and protects the rights and freedoms of individuals from unlawful or improper acts or failures to act of public authorities.

2. The Ombudsperson independently exercises her/his duty and does not accept any instructions or intrusions from the organs, institutions or other authorities exercising state authority in the Republic of Kosovo.

3. Every organ, institution or other authority exercising legitimate power of the Republic of Kosovo is bound to respond to the requests of the Ombudsperson and shall submit all requested documentation and information in conformity with the law. 

Article 133 [Office of Ombudsperson]

1. The Office of the Ombudsperson shall be an independent office and shall propose and administer its budget in a manner provided by law.

2. The Ombudsperson has one (1) or more deputies. Their number, method of selection and mandate are determined by the Law on Ombudsperson. At least one (1) Deputy Ombudsperson shall be a member of a Community not in the majority in Kosovo.

Article 134 [Qualification, Election and Dismissal of the Ombudsperson]

1. The Ombudsperson is elected by the Assembly of Kosovo by a majority of all its deputies for a non-renewable five (5) year term.

2. Any citizen of the Republic of Kosovo, who has a university degree, high moral and honest character, distinguished experience and knowledge in the area of human rights and freedoms, is eligible to be elected as Ombudsperson.

3. The Ombudsperson and Deputy Ombudspersons shall not be members of any political party, exercise any political, state or professional private activity, or participate in the management of civil, economic or trade organizations.
 
4. The Ombudsperson shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of responsibilities of the Ombudsperson.

5. The Ombudsperson may be dismissed only upon the request of more than one third (1/3) of all deputies of the Assembly and upon a vote of two thirds (2/3) majority of all its deputies.

Article 135 [Ombudsperson Reporting]

1. The Ombudsperson shall submit an annual report to the Assembly of the Republic of Kosovo.

2. Upon request of the Assembly, the Ombudsperson is required to submit interim or other reports to the Assembly. Upon the request of the Ombudsperson, the Assembly shall permit the Ombudsperson to be heard.

3. The Ombudsperson is eligible to make recommendations and propose actions when violations of human rights and freedoms by the public administration and other state authorities are observed.

4. The Ombudsperson may refer matters to the Constitutional Court in accordance with the provisions of this Constitution.

Article 136 [Auditor-General of Kosovo]

1. The Auditor-General of the Republic of Kosovo is the highest institution of economic and financial control.

2. Organization, operation and competencies of the Auditor-General of the Republic of Kosovo shall be determined by the Constitution and law.

3. The Auditor-General of the Republic of Kosovo is elected and dismissed by the Assembly by a majority vote of all its deputies on the proposal of the President of the Republic of Kosovo.

4. The Assembly decides on the dismissal of the Auditor-General of the Republic of Kosovo by a two thirds (2/3) majority of all its deputies upon the proposal of the President of the Republic of Kosovo or upon the proposal of one third (1/3) of all its deputies.

5. The mandate of the Auditor-General of the Republic of Kosovo is five (5) years with the possibility of re-election to only one additional mandate.

Article 137 [Competencies of the Auditor-General of Kosovo]

Auditor-General of the Republic of Kosovo audits:
(1) the economic activity of public institutions and other state legal persons;

(2) the use and safeguarding of public funds by central and local authorities;

(3) the economic activity of public enterprises and other legal persons in which the State has shares or the loans, credits and liabilities of which are guaranteed by the State.

Article 138 [Reports of the Auditor-General of Kosovo]

1. The Auditor-General of the Republic of Kosovo addresses the Assembly:

(1) to report on the execution of the State budget;

(2) to give an opinion on the report of the Government on its expenditures of the previous year before it is adopted by the Assembly;

(3) to inform the Assembly on conclusions of audits when requested.

2. The Auditor-General of the Republic of Kosovo submits an annual report on the activities of the office to the Assembly.

Article 139 [Central Election Commission] 

1. The Central Election Commission is a permanent body, which prepares, supervises, directs, and verifies all activities related to the process of elections and referenda and announces their results.

2. The Commission is composed of eleven (11) members.

3. The Chair of the Central Election Commission is appointed by the President of the Republic of Kosovo from among the judges of the Supreme Court and courts exercising appellate jurisdiction.

4. Six (6) members shall be appointed by the six largest parliamentary groups represented in the Assembly, which are not entitled to reserved seats. If fewer groups are represented in the Assembly, the largest group or groups may appoint additional members. One (1) member shall be appointed by the Assembly deputies holding seats reserved or guaranteed for the Kosovo Serb Community, and three (3) members shall be appointed by the Assembly deputies holding seats reserved or guaranteed for other Communities that are not in majority in Kosovo.

Article 140 [Central Bank of Kosovo]

1. The Central Bank of the Republic of Kosovo is an independent institution which reports to the Assembly of Kosovo.

2. The Central Bank of the Republic of Kosovo exercises its competencies and powers exclusively in accordance with this Constitution and other applicable legislative instruments.

3. The Governor of the Central Bank of the Republic of Kosovo will serve as the Chief Executive Officer.

4. The governance of the Central Bank of the Republic of Kosovo and the selection and nomination procedures of the Central Bank Board members shall be regulated by law, which shall ensure its independence and autonomy.

Article 141 [Independent Media Commission]

1. The Independent Media Commission is an independent body, which regulates the Range of Broadcasting Frequencies in the Republic of Kosovo, issues licenses to public and private broadcasters, establishes and implements broadcasting policies and exercises other competencies as set forth by law.

2. The members of the Independent Media Commission shall be elected in a transparent process in accordance with the law.

Article 142 [Independent Agencies]

1. Independent agencies of the Republic of Kosovo are institutions established by the Assembly based on the respective laws that regulate their establishment, operation and competencies.  Independent agencies exercise their functions independently from any other body or authority in the Republic of Kosovo.

2. Independent agencies have their own budget that shall be administered independently in accordance with the law.

3. Every organ, institution or other entity exercising legal authority in the Republic of Kosovo is bound to cooperate with and respond to the requests of the independent agencies during the exercise of their legal competencies in a manner provided by law.

Final Provisions

Article 143 [Comprehensive Proposal for the Kosovo Status Settlement]

Notwithstanding any provision of this Constitution:

1.  All authorities in the Republic of Kosovo shall abide by all of the Republic of Kosovo's obligations under the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007.  They shall take all necessary actions for their implementation.                                                                                                                

2. The provisions of the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007 shall take precedence over all other legal provisions in Kosovo.

3.  The Constitution, laws and other legal acts of the Republic of Kosovo shall be interpreted in compliance with the Comprehensive Proposal for the Kosovo Status Settlement dated 26 March 2007. If there are inconsistencies between the provisions of this Constitution, laws or other legal acts of the Republic of Kosovo and the provisions of the said Settlement, the latter shall prevail.

Article 144 [Amendments]

1. The Government, the President or one fourth (1/4) of the deputies of the Assembly of Kosovo as set forth in the Rules of Procedure of the Assembly may propose changes and amendments to this Constitution.

2. Any amendment shall require for its adoption the approval of two thirds (2/3) of all deputies of the Assembly including two thirds (2/3) of all deputies of the Assembly holding reserved or guaranteed seats for representatives of communities that are not in the majority in the Republic of Kosovo.

3. Amendments to this Constitution may be adopted by the Assembly only after the President of the Assembly of Kosovo has referred the proposed amendment to the Constitutional Court for a prior assessment that the proposed amendment does not diminish any of the rights and freedoms set forth in Chapter II of this Constitution.

4. Amendments to the Constitution enter into force immediately after their adoption in the Assembly of the Republic of Kosovo.

Article 145 [Continuity of International Agreements and Applicable Legislation]

1. International agreements and other acts relating to international cooperation that are in effect on the day this Constitution enters into force will continue to be respected until such agreements or acts are renegotiated or withdrawn from in accordance with their terms or until they are superseded by new international agreements or acts covering the same subject areas and adopted pursuant to this Constitution.

2. Legislation applicable on the date of the entry into force of this Constitution shall continue to apply to the extent it is in conformity with this Constitution until repealed, superseded or amended in accordance with this Constitution.

Transitional Provisions

Article 146 [International Civilian Representative]

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 147 [Final Authority of the International Civilian Representative]

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]

1. For the first two (2) electoral mandates, the Assembly of Kosovo shall have twenty (20) seats reserved for representation of Communities that are not in the majority in Kosovo, as follows: Ten (10) seats shall be allocated to the parties, coalitions, citizens' initiatives and independent candidates having declared themselves representing the Kosovo Serb Community and ten (10) seats shall be allocated to other Communities as follows: the Roma community, one (1) seat; the Ashkali community, one (1) seat; the Egyptian community, one (1) seat; and one (1) additional seat will be awarded to either the Roma, the Ashkali or the Egyptian community with the highest overall votes; the Bosniak community, three (3) seats; the Turkish community, two (2) seats; and the Gorani community, one (1) seat. Any seats gained through elections shall be in addition to the ten (10) reserved seats allocated to the Kosovo Serb Community and other Communities respectively.

2. Notwithstanding paragraph 1 of this Article, the mandate existing at the time of entry into force of this Constitution will be deemed to be the first electoral mandate of the Assembly, provided that such mandate continues for a period of at least two (2) years from the date of entry into force of this Constitution.


Article 149 [Initial Adoption of Laws of Vital Interest]

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]

1. The comprehensive, Kosovo-wide review of the suitability of all applicants for permanent appointments, until the retirement age determined by law, as judges and public prosecutors in Kosovo shall continue to be carried out in accordance with Administrative Direction 2008/02 and shall not be affected by the termination of the United Nations Mission in Kosovo (UNMIK)'s mandate or the entry into force of this Constitution.

2. All successful candidates who have been appointed or reappointed as judges and prosecutors by the Special Representative of the Secretary General (SRSG) as part of the Appointment Process shall continue to serve in their posts until the natural expiration of their appointment, or until such time as they are dismissed in accordance with law.

3. The Independent Judicial and Prosecutorial Commission shall submit recommendations on candidates for appointment or reappointment as judges and prosecutors in writing to the Kosovo Judicial Council, which shall exercise final authority to propose to the President of Kosovo candidates for appointment or reappointment as judges and prosecutors.

4. All successful candidates who have been appointed or reappointed as judges and prosecutors by the President of Kosovo on the proposal of the Kosovo Judicial Council as part of the Appointment Process shall continue to serve in their posts until the natural expiration of their appointment, or until such time as they are dismissed in accordance with law.

5. Notwithstanding Article 105 of this Constitution, the mandate of all judges and prosecutors successfully completing the appointment process set forth in this Article and who have exercised the function for at least two years prior to appointment pursuant to this article is permanent until the retirement age as determined by law or unless removed in accordance with law.

Article 151 [Temporary Composition of Kosovo Judicial Council]

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]

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]

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]

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]

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]
 
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]

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]

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]

1. All enterprises that were wholly or partly in social ownership prior to the effective date of this Constitution shall be privatized in accordance with law.

2. All socially owned interests in property and enterprises in Kosovo shall be owned by the Republic of Kosovo.

Article 160 [Publicly Owned Enterprises]

1. The Republic of Kosovo shall own all enterprises in the Republic of Kosovo that are Publicly Owned Enterprises.  All obligations related to such ownership rights shall be the obligations of the Republic of Kosovo.  The Government of Kosovo may privatize, concession or lease a Publicly Owned Enterprise as provided by law.

2. The ownership rights in a Publicly Owned Enterprise that provides services only in a specific municipality or in a limited number of municipalities shall be the ownership rights of the concerned municipality or municipalities.  Obligations related to such ownership rights shall be the obligations of the concerned municipality or municipalities.  The Assembly of Kosovo shall, by law, identify such Publicly Owned Enterprise and the concerned municipality or municipalities having ownership rights and related obligations with respect thereto.  If authorized by law, the concerned municipality or municipalities may privatize, concession or lease such a Publicly Owned Enterprise.

Article 161 [Transition of Institutions]

1. Except where the Constitution provides a different transition, all powers, responsibilities and obligations of the institutions foreseen by this Constitution are immediately vested in those institutions on the day of entry into force of this Constitution.  The mandate of each institution as established prior to the entry into force of this Constitution remains intact and unchanged until its natural expiration or the next elections.

2. Until the first parliamentary elections following entry into force of this Constitution, the Presidency of the Assembly will remain in place with those powers foreseen under its existing mandate.  As of the constitutive session of the first Assembly following the entry into force of this Constitution, the Presidency of the Assembly will be restructured to comply with the terms of this Constitution.

3. The provisions of Article 70.3(3) shall not apply until the constitutive session of the Assembly following the first parliamentary elections following the entry into force of this Constitution.

4. Until the establishment of the Kosovo Prosecutorial Council, its functions and responsibilities will be exercised by the Kosovo Judicial Council.

Article 162 [Effective Date]

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