Ústava Kosova (v angličtině - 2. část)

 

Article 66 [Election and Mandate]

1. The Assembly of Kosovo shall be elected for a mandate of four (4) years, starting from the day of the constitutive session, which shall be held within thirty (30) days from the official announcement of the election results.

2. Regular elections for the Assembly shall be held no later than thirty (30) days before the end of the mandate or, when the Assembly has been dissolved, no later than forty-five (45) days after the dissolution.

3. The President of the Republic of Kosovo shall convene the constitutive session of the Assembly.  If the President of the Republic of Kosovo is unable to convene the initial session, the Assembly shall be convened without the President's participation.

4. The Mandate of the Assembly of Kosovo may be extended only in a State of Emergency for emergency defense measures or for danger to the Constitutional order or to public safety of the Republic of Kosovo and only for as long as the State of Emergency continues as regulated by this Constitution.

5. The election conditions, constituencies and procedures are determined by law.

Article 67 [Election of the President and Deputy Presidents]

1. The Assembly of Kosovo elects the President of the Assembly and five (5) Deputy Presidents from among its deputies.

2. The President of the Assembly is proposed by the largest parliamentary group and is elected by a majority vote of all deputies of the Assembly.

3. Three (3) Deputy Presidents proposed by the three largest parliamentary groups are elected by a majority vote of all deputies of the Assembly.

4. Two (2) Deputy Presidents represent non-majority communities in the Assembly and are elected by a majority vote of all deputies of the Assembly.  One (1) Deputy President shall belong to the deputies of the Assembly holding seats reserved or guaranteed for the Serb community, and one (1) Deputy shall belong to deputies of the Assembly holding seats reserved or guaranteed for other communities that are not in the majority.

5. The President and Deputy Presidents of the Assembly are dismissed by a vote of two thirds (2/3) of all deputies of the Assembly.

6. The President and the Deputy Presidents form the Presidency of the Assembly. The Presidency is responsible for the administrative operation of the Assembly as provided in the Rules of Procedure of the Assembly.

7. The President of the Assembly:

(1) represents the Assembly;

(2) sets the agenda, convenes and chairs the sessions;

(3) signs acts adopted by the Assembly;

(4) exercises other functions in accordance with this Constitution and the Rules of Procedure of the Assembly.

8. When the President of the Assembly is absent or is unable to exercise the function, one of the Deputy Presidents will serve as President of the Assembly. 

Article 68 [Sessions]

1.  Meetings of the Assembly of Kosovo are public.

2.  Meetings of the Assembly of Kosovo may be closed upon the request of the President of the Republic of Kosovo, the Prime Minister or one third (1/3) of the deputies of the Assembly as set forth by the Rules of Procedure of the Assembly. The decision shall be made in an open and transparent manner and must be adopted by two thirds (2/3) vote of the deputies of Assembly present and voting.

Article 69 [Schedule of Sessions and Quorum]

1. The Assembly of Kosovo conducts its annual work in two sessions.

2. The Spring Session begins on the third Monday of January and the Autumn session begins on the second Monday of September.

3. The Assembly of Kosovo has its quorum when more than one half (1/2) of all Assembly deputies are present.

4. The Assembly of Kosovo convenes an extraordinary meeting upon the request of the President of the Republic of Kosovo, the Prime Minister or one third (1/3) of the deputies.

Article 70 [Mandate of the Deputies]

1. Deputies of the Assembly are representatives of the people and are not bound by any obligatory mandate.

2. The mandate of each deputy of the Assembly of Kosovo begins on the day of the certification of the election results.

3. The mandate of a deputy of the Assembly comes to an end or becomes invalid when:

(1) the deputy does not take the oath;

(2) the deputy resigns;

(3) the deputy becomes a member of the Government of Kosovo;

(4) the mandate of the Assembly comes to an end;

(5) the deputy is absent from the Assembly for more than six (6) consecutive months.  In special cases, the Assembly of Kosovo can decide otherwise;

(6) the deputy is convicted and sentenced to one or more years imprisonment by a final court decision of committing a crime;

(7) the deputy dies.

4. Vacancies in the Assembly will be filled immediately in a manner consistent with this Constitution and as provided by law.

Article 71 [Qualification and Gender Equality]

1. Every citizen of the Republic of Kosovo who is eighteen (18) years or older and meets the legal criteria is eligible to become a candidate for the Assembly.

2. The composition of the Assembly of Kosovo shall respect internationally recognized principles of gender equality.

Article 72 [Incompatibility]

A member of the Assembly of Kosovo shall neither keep any executive post in the public administration or in any publicly owned enterprise nor exercise any other executive function as provided by law.

Article 73 [Ineligibility]

1. The following cannot be candidates or be elected as deputies of the Assembly without prior resignation from their duty:

(1) judges and prosecutors;

(2) members of the Kosovo Security Force;

(3) members of the Kosovo Police;

(4) members of the Customs Service of Kosovo;

(5) members of the Kosovo Intelligence Agency;

(6) heads of independent agencies;

(7) diplomatic representatives;

(8) chairpersons and members of the Central Election Commission.

2. Persons deprived of legal capacity by a final court decision are not eligible to become candidates for deputies of the Assembly. 

3. Mayors and other officials holding executive responsibilities at the municipal level of municipalities cannot be elected as deputies of the Assembly without prior resignation from their duty.

Article 74 [Exercise of Function]

Deputies of the Assembly of Kosovo shall exercise their function in best interest of the Republic of Kosovo and pursuant to the Constitution, Laws and Rules of Procedure of the Assembly.

Article 75 [Immunity]

1. Deputies of the Assembly shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of their responsibilities as deputies of the Assembly. The immunity shall not prevent the criminal prosecution of deputies of the Assembly for actions taken outside of the scope of their responsibilities as deputies of the Assembly.

2. A member of the Assembly shall not be arrested or otherwise detained while performing her/his duties as a member of the Assembly without the consent of the majority of all deputies of the Assembly.

Article 76 [Rules of Procedure]

The Rules of Procedure of the Assembly are adopted by two thirds (2/3) vote of all its deputies and shall determine the internal organization and method of work for the Assembly.

Article 77 [Committees]

1. The Assembly of Kosovo appoints permanent committees, operational committees and ad hoc committees reflecting the political composition of the Assembly.

2. On the request of one third (1/3) of all of the deputies, the Assembly appoints committees for specific matters, including investigative matters.

3. At least one vice chair of each parliamentary committee shall be from the deputies of a Community different from the Community of the chair.

4. Competencies and procedures of the committees are defined in the Rules of Procedure of the Assembly.

Article 78 [Committee on Rights and Interests of Communities]

1. The Committee on Rights and Interests of Communities is a permanent committee of the Assembly.  This committee is composed of one third (1/3) of members who represent the group of deputies of the Assembly holding seats reserved or guaranteed for the Serbian Community, one third (1/3) of members who represent the group of deputies of the Assembly holding seats reserved or guaranteed for other communities that are not in the majority and one third (1/3) of members from the majority community represented in the Assembly.

2. At the request of any member of the Presidency of the Assembly, any proposed law shall be submitted to the Committee on Rights and Interests of Communities.  The Committee, by a majority vote of its members, shall decide whether to make recommendations regarding the proposed law within two weeks.

3. To ensure that community rights and interests are adequately addressed, the Committee may submit recommendations to another relevant committee or to the Assembly.

4. The Committee may, on its own initiative, propose laws and such other measures within the responsibilities of the Assembly as it deems appropriate to address the concerns of Communities.  Members may issue individual opinions.

5. A matter may be referred to the Committee for an advisory opinion by the Presidency of the Assembly, another committee or a group composed of at least ten (10) deputies of the Assembly.

Article 79 [Legislative Initiative]

The initiative to propose laws may be taken by the President of the Republic of Kosovo from his/her scope of authority, the Government, deputies of the Assembly or at least ten thousand citizens as provided by law.

Article 80 [Adoption of Laws]

1. Laws, decisions and other acts are adopted by the Assembly by a majority vote of deputies present and voting, except when otherwise provided by the Constitution.

2. Laws adopted by the Assembly are signed by the President of the Assembly of Kosovo and promulgated by the President of the Republic of Kosovo upon her/his signature within eight (8) days from receipt.

3. If the President of the Republic of Kosovo returns a law to the Assembly, he/she should state the reasons of return.  The President of the Republic of Kosovo may exercise this right of return only once per law.

4. The Assembly decides to adopt a law returned by the President of the Republic of Kosovo by a majority vote of all its deputies and such a law shall be considered promulgated.

5. If the President of the Republic of Kosovo does not make any decision for the promulgation or return of a law within eight (8) days from its receipt, such a law shall be considered promulgated without her/his signature and shall be published in the Official Gazette.

6. A law enters into force fifteen (15) days after its publication in the Official Gazette of the Republic of Kosovo, except when otherwise specified by the law itself.

Article 81 [Legislation of Vital Interest]

1. The following laws shall require for their adoption, amendment or repeal both the majority of the Assembly deputies present and voting and the majority of the Assembly deputies present and voting holding seats reserved or guaranteed for representatives of Communities that are not in the majority:

(1) Laws changing municipal boundaries, establishing or abolishing municipalities, defining the scope of powers of municipalities and their participation in inter-municipal and cross-border relations;

(2) Laws implementing the rights of Communities and their members, other than those set forth in the Constitution;

(3) Laws on the use of language;

(4) Laws on local elections;

(5) Laws on protection of cultural heritage;

(6) Laws on religious freedom or on agreements with religious communities;

(7) Laws on education;

(8) Laws on the use of symbols, including Community symbols and on public holidays.

2. None of the laws of vital interest may be submitted to a referendum.

Article 82 [Dissolution of the Assembly]

1. The Assembly shall be dissolved in the following cases:

(1) if the government cannot be established within sixty (60) days from the date when the President of the Republic of Kosovo appoints the candidate for Prime Minister;

(2) if two thirds (2/3) of all deputies vote in favor of dissolution, the Assembly shall be dissolved by a decree of the President of the Republic of Kosovo;

(3) if the President of the Republic of Kosovo is not elected within sixty (60) days from the date of the beginning of the president's election procedure.

2. The Assembly may be dissolved by the President of the Republic of Kosovo following a successful vote of no confidence against the Government.

President of the Republic of Kosovo

Article 83 [Status of the President]

The President is the head of state and represents the unity of the people of the Republic of Kosovo.

Article 84 [Competencies of the President]

The President of the Republic of Kosovo:

(1) represents the Republic of Kosovo, internally and externally;

(2) guarantees the constitutional functioning of the institutions set forth by this Constitution;

(3) announces elections for the Assembly of Kosovo and convenes its first meeting;

(4) issues decrees in accordance with this Constitution;

(5) promulgates laws approved by the Assembly of Kosovo;

(6) has the right to return adopted laws for re-consideration, when he/she considers them to be harmful to the legitimate interests of the Republic of Kosovo or one or more Communities.  This right can be exercised only once per law;

(7) signs international agreements in accordance with this Constitution ;

(8) proposes amendments to this Constitution;

(9) may refer constitutional questions to the Constitutional Court.

(10) leads the foreign policy of the country;

(11) receives credentials of heads of diplomatic missions accredited to the Republic of Kosovo;

(12) is the Commander-in-Chief of the Kosovo Security Force;

(13) leads the Consultative Council for Communities;

(14) appoints the candidate for Prime Minister for the establishment of the Government after proposal by the political party or coalition holding the majority in the Assembly;

(15) appoints and dismisses the President of the Supreme Court of the Republic of Kosovo upon the proposal of the Kosovo Judicial Council;

(16) appoints and dismisses judges of the Republic of Kosovo upon the proposal of the Kosovo Judicial Council;

(17) appoints and dismisses the Chief Prosecutor of the Republic of Kosovo upon the proposal of the Kosovo Prosecutorial Council;

(18) appoints and dismisses prosecutors of the Republic of Kosovo upon the proposal of the Kosovo Prosecutorial Council;

(19) appoints judges to the Constitutional Court upon the proposal of the Assembly;

(20) appoints the Commander of the Kosovo Security Force upon recommendation of the Government;

(21) with the Prime Minister, jointly appoints the Director, Deputy Director and Inspector General of the Kosovo Intelligence Agency;

(22) decides to declare a State of Emergency in consultation with the Prime Minister;

(23) may request meetings of the Kosovo Security Council and chairs them during a State of Emergency;

(24) decides on the establishment of diplomatic and consular missions of the Republic of Kosovo in consultation with the Prime Minister;

(25) appoints and dismisses heads of diplomatic missions of the Republic of Kosovo upon the proposal of the Government;

(26) appoints the Chair of the Central Election Commission;

(27) appoints the Governor of the Central Bank of the Republic of Kosovo who will also act as its Managing Director, and appoints the other members of the Bank's Board;

(28) grants medals, titles of gratitude, and awards in accordance with the law;

(29) grants individual pardons in accordance with the law;

(30) addresses the Assembly of Kosovo at least once a year in regard to her/his scope of authority.

Article 85 [Qualification for Election of the President]

Every citizen of the Republic of Kosovo who is thirty five (35) years old or older may be elected President of the Republic of Kosovo.

Article 86 [Election of the President]

1. The President of the Republic of Kosovo shall be elected by the Assembly in secret ballot.

2. The election of the President of the Republic of Kosovo shall take place no later than thirty (30) days before the end of the current president's term of office.

3. Every eligible citizen of the Republic of Kosovo may be nominated as a candidate for President of the Republic of Kosovo, provided he/she presents the signatures of at least thirty (30) deputies of the Assembly of Kosovo.  Deputies of the Assembly can only sign for one candidate for the President of the Republic.

4. The President of the Republic of Kosovo shall be elected by a two thirds (2/3) majority of all deputies of the Assembly.

5. If a two thirds (2/3) majority is not reached by any candidate in the first two ballots, a third ballot takes place between the two candidates who received the highest number of votes in the second ballot, and the candidate who receives the majority of all deputies of the Assembly shall be elected as President of the Republic of Kosovo.

6. If none of the candidates is elected as President of the Republic of Kosovo in the third ballot, the Assembly shall dissolve and new elections shall take place within forty five (45) days.

Article 87 [Mandate and Oath]

1. The President of the Republic of Kosovo begins her/his term of office after taking the oath before the Assembly of Kosovo. The text of the Oath will be provided by law.

2. The President's term of office is five (5) years.

3. Upon completion of his/her first term of office, the President of the Republic of Kosovo may be re-elected only once.

Article 88 [Incompatibility]

1. The President shall not exercise any other public function.

2. After election, the President cannot exercise any political party functions.

Article 89 [Immunity]

The President of the Republic of Kosovo shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of responsibilities of the President of the Republic of Kosovo.

Article 90 [Temporary Absence of the President]

1. If the President of the Republic of Kosovo is temporarily unable to fulfill her/his responsibilities, he/she may voluntarily transfer the duties of the position to the President of the Assembly who shall then serve as Acting President of the Republic of Kosovo. The President's order of transfer shall state in particular the reason for the transfer and the duration of the transfer if known. The President of the Republic of Kosovo shall resume exercise of the duties of the position when she/he is able to do so and the President of the Assembly shall relinquish the position as Acting President.

2. When there is no voluntary transfer of power, the Assembly of the Republic of Kosovo determines by two thirds (2/3) vote of all deputies, after consultation with the medical consultants team, that the President of the Republic of Kosovo is temporarily unable to fulfill his/her responsibilities. The President of the Assembly shall serve as Acting President until the President of the Republic of Kosovo is able to resume carrying out her/his duties as President.

3. The position of Acting President of the Republic of Kosovo may not be exercised for a period longer than six (6) months.

Article 91 [Dismissal of the President]

1. The President of the Republic of Kosovo may be dismissed by the Assembly if he/she has been convicted of a serious crime or if she/he is unable to exercise the responsibilities of office due to serious illness or if the Constitutional Court has determined that he/she has committed a serious violation of the Constitution.

2. The procedure for dismissal of the President of the Republic of Kosovo may be initiated by one third (1/3) of the deputies of the Assembly who shall sign a petition explaining the reasons for dismissal. If the petition alleges serious illness, the Assembly shall consult the medical consultants team on the status of the President's health. If the petition alleges serious violation of the Constitution, the petition shall be immediately submitted to the Constitutional Court, which shall decide the matter within seven (7) days from the receipt of the petition.

3. If the President of the Republic of Kosovo has been convicted of a serious crime or if the Assembly in compliance with this article determines that the President is unable to exercise her/his responsibilities due to serious illness, or if the Constitutional Court has determined that he/she has seriously violated the Constitution, the Assembly may dismiss the President by two thirds (2/3) vote of all its deputies.

Government of the Republic of Kosovo

Article 92 [General Principles]

1. The Government consists of the Prime Minister, deputy prime minister(s) and ministers.

2. The Government of Kosovo exercises the executive power in compliance with the Constitution and the law.

3. The Government implements laws and other acts adopted by the Assembly of Kosovo and exercises other activities within the scope of responsibilities set forth by the Constitution and the law.

4. The Government makes decisions in accordance with this Constitution and the laws, proposes draft laws, proposes amendments to existing laws or other acts and may give its opinion on draft laws that are not proposed by it.

Article 93 [Competencies of the Government]

The Government has the following competencies:

(1) proposes and implements the internal and foreign policies of the country;

(2) promotes the economic development of the country;

(3) proposes draft laws and other acts to the Assembly;

(4) makes decisions and issues legal acts or regulations necessary for the implementation of laws;

(5) proposes the budget of the Republic of Kosovo;

(6) guides and oversees the work of administration bodies;

(7) guides the activities and the development of public services; 

(8) proposes to the President of the Republic of Kosovo the appointment and dismissal of the heads of diplomatic missions of the Republic of Kosovo;

(9) proposes amendments to the Constitution;

(10) may refer Constitutional questions to the Constitutional Court;

(11) exercises other executive functions not assigned to other central or local level bodies.

Article 94 [Competencies of the Prime Minister]

The Prime Minister has the following competencies:

(1) represents and leads the Government;

(2) ensures that all Ministries act in accordance with government policies;

(3) ensures the implementation of laws and policies determined by the Government;

(4) may change members of the Government without the consent of the Assembly;

(5) chairs the Kosovo Security Council;

(6) appoints the Kosovo Police General Director;

(7) consults with the President of the Republic of Kosovo on matters of intelligence;

(8) in cooperation with the President, jointly appoints the Director, Deputy Director and Inspector General of the Kosovo Intelligence Agency;

(9) consults with the President on the implementation of the foreign policy of the country;

(10) performs other duties as set forth by the Constitution and the law.

Article 95 [Election of the Government]

1. After elections, the President of the Republic of Kosovo proposes to the Assembly a candidate for Prime Minister, in consultation with the political party or coalition that has won the majority in the Assembly necessary to establish the Government.

2. The candidate for Prime Minister, not later than fifteen (15) days from appointment, presents the composition of the Government to the Assembly and asks for Assembly approval.

3. The Government is considered elected when it receives the majority vote of all deputies of the Assembly of Kosovo.

4. If the proposed composition of the Government does not receive the necessary majority of votes, the President of the Republic of Kosovo appoints another candidate with the same procedure within ten (10) days. If the Government is not elected for the second time, the President of the Republic of Kosovo announces elections, which shall be held not later than forty (40) days from the date of announcement.

5. If the Prime Minister resigns or for any other reason the post becomes vacant, the Government ceases and the President of the Republic of Kosovo appoints a new candidate in consultation with the majority party or coalition that has won the majority in the Assembly to establish the Government.
6. After being elected, members of the Government shall take an Oath before the Assembly.  The text of the Oath will be provided by law.

Article 96 [Ministries and Representation of Communities]

1. Ministries and other executive bodies are established as necessary to perform functions within the powers of the Government.

2. The number of members of Government is determined by an internal act of the Government.

3. There shall be at least one (1) Minister from the Kosovo Serb Community and one (1) Minister from another Kosovo non-majority Community.  If there are more than twelve (12) Ministers, the Government shall have a third Minister representing a Kosovo non-majority Community.

4. There shall be at least two (2) Deputy Ministers from the Kosovo Serb Community and two (2) Deputy Ministers from other Kosovo non-majority Communities.  If there are more than twelve (12) Ministers, the Government shall have a third Deputy Minister representing the Kosovo Serb Community and a third Deputy Minister representing another Kosovo non-majority Community.

5. The selection of these Ministers and Deputy Ministers shall be determined after consultations with parties, coalitions or groups representing Communities that are not in the majority in Kosovo. If appointed from outside the membership of the Kosovo Assembly, these Ministers and Deputy Ministers shall require the formal endorsement of the majority of Assembly deputies belonging to parties, coalitions, citizens' initiatives and independent candidates having declared themselves to represent the Community concerned.

6. The Prime Minister, Deputy Prime Minister(s) and Ministers of the Government may be elected from the deputies of the Assembly of Kosovo or may be qualified people who are not deputies of the Assembly.

7. The incompatibilities of the members of the Government as to their functions shall be regulated by law. 

Article 97 [Responsibilities]

1. The Government is accountable to the Assembly of Kosovo regarding its work.

2. The Prime Minister, deputy prime minister(s) and ministers are jointly accountable for the decisions made by the Government and individually accountable for decisions made in their fields of responsibility.

Article 98 [Immunity]

Members of the Government shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of their responsibilities as members of the Government.

Article 99 [Procedures]

The methods of work and decision making procedures of the Government shall be regulated by law and regulations.

Article 100 [Motion of No Confidence]

1. A motion of no confidence may be presented against the Government on the proposal of one third (1/3) of all the deputies of the Assembly.

2. A vote of confidence for the Government may be requested by the Prime Minister.

3. The motion of no confidence shall be placed on the Assembly agenda no later than five (5) days nor earlier than two (2) days from the date it was presented.

4. The motion of no confidence is considered accepted when adopted by a majority vote of all deputies of the Assembly of Kosovo.

5. If a motion of no confidence fails, a subsequent motion for no confidence may not be raised during the next ninety (90) days.

6. If a motion of no confidence against the Government prevails, the Government is considered dismissed.

Article 101 [Civil Service]

1. The composition of the civil service shall reflect the diversity of the people of Kosovo and take into account internationally recognized principles of gender equality.

2. An independent oversight board for civil service shall ensure the respect of the rules and principles governing the civil service, and shall itself reflect the diversity of the people of the Republic of Kosovo.

Justice System

Article 102 [General Principles of the Judicial System]

1. Judicial power in the Republic of Kosovo is exercised by the courts.

2. The judicial power is unique, independent, fair, apolitical and impartial and ensures equal access to the courts.

3. Courts shall adjudicate based on the Constitution and the law.

4. Judges shall be independent and impartial in exercising their functions.

5. The right to appeal a judicial decision is guaranteed unless otherwise provided by law.  The right to extraordinary legal remedies is regulated by law. The law may allow the right to refer a case directly to the Supreme Court, in which case there would be no right of appeal.

Article 103 [Organization and Jurisdiction of Courts]

1. Organization, functioning and jurisdiction of the Supreme Court and other courts shall be regulated by law.

2. The Supreme Court of Kosovo is the highest judicial authority.

3. At least fifteen percent (15%) of the judges of the Supreme Court, but not fewer than three (3) judges, shall be from Communities that are not in the majority in Kosovo.

4. The President of the Supreme Court of Kosovo shall be appointed and dismissed by the President of the Republic of Kosovo from among the judges of the Supreme Court for a non-renewable term of seven (7) years upon proposal by the Kosovo Judicial Council for the appointment or dismissal.

5. Presidents of all other courts shall be appointed in the manner provided by law.

6. At least fifteen percent (15%) of the judges from any other court established with appeal jurisdiction, but not fewer than two (2) judges, shall be from Communities that are not in the majority in Kosovo.

7. Specialized courts may be established by law when necessary, but no extraordinary court may ever be created.

Article 104 [Appointment and Removal of Judges]

1. The President of the Republic of Kosovo shall appoint, reappoint and dismiss judges upon  the proposal of the Kosovo Judicial Council.

2. The composition of the judiciary shall reflect the ethnic diversity of Kosovo and internationally recognized principles of gender equality.

3. The composition of the courts shall reflect the ethnic composition of the territorial jurisdiction of the respective court. Before making a proposal for appointment or reappointment, the Kosovo Judicial Council consults with the respective court.

4. Judges may be removed from office upon conviction of a serious criminal offense or for serious neglect of duties.

5. A judge has the right to directly appeal a decision of dismissal to the Kosovo Supreme Court.

6.  Judges may not be transferred against their will unless otherwise provided by law for the efficient operation of the judiciary or disciplinary measures.

Article 105 [Mandate and Reappointment]

1. The initial mandate for judges shall be three years.  The reappointment mandate is permanent until the retirement age as determined by law or unless removed in accordance with law.

2. The criteria and procedures to reappoint a judge shall be determined by the Kosovo Judicial Council and they may be different in degree from the criteria used for the removal of judges.

Article 106 [Incompatibility]

1. A judge may not perform any function in any state institution outside of the judiciary, become involved in any political activity, or be involved in any other activity prohibited by law.

2. Judges are not permitted to assume any responsibilities or take on any functions that would in any way be inconsistent with the principles of independence and impartiality of the role of a judge.

Article 107 [Immunity]

1. Judges, including lay-judges, shall be immune from prosecution, civil lawsuit and dismissal for actions taken, decisions made or opinions expressed that are within the scope of their responsibilities as judges.

2. Judges, including lay-judges, shall not enjoy immunity and may be removed from office if they have committed an intentional violation of the law.

3. When a judge is indicted or arrested, notice must be given to the Kosovo Judicial Council without delay.

Article 108 [Kosovo Judicial Council]

1. The Kosovo Judicial Council shall ensure the independence and impartiality of the judicial system.

2. The Kosovo Judicial Council is a fully independent institution in the performance of its functions. The Kosovo Judicial Council shall ensure that the Kosovo courts are independent, professional and impartial and fully reflect the multi-ethnic nature of Kosovo and follow the principles of gender equality. The Kosovo Judicial Council shall give preference in the appointment of judges to members of Communities that are underrepresented in the judiciary as provided by law.

3. The Kosovo Judicial Council is responsible for recruiting and proposing candidates for appointment and reappointment to judicial office. The Kosovo Judicial Council is also responsible for transfer and disciplinary proceedings of judges.

4. Proposals for appointments of judges must be made on the basis of an open appointment process, on the basis of the merit of the candidates, and the proposals shall reflect principles of gender equality and the ethnic composition of the territorial jurisdiction of the respective court. All candidates must fulfill the selection criteria provided by law.

5. The Kosovo Judicial Council is responsible for conducting judicial inspections, judicial administration, developing court rules in accordance with the law, hiring and supervising court administrators, developing and overseeing the budget of the judiciary, determining the number of judges in each jurisdiction and making recommendations for the establishment of new courts.  New courts shall be established according to law. 

6. The Kosovo Judicial Council shall be composed of thirteen (13) members, all of whom shall possess relevant professional qualifications and expertise. Members shall be elected for a term of five (5) years and shall be chosen in the following manner:

(1) five (5) members shall be judges elected by the members of the judiciary;

(2) four (4) members shall be elected by deputies of the Assembly holding seats attributed during the general distribution of seats; at least two (2) of the four (4) must be judges and one (1) must be a member of the Kosovo Chamber of Advocates; 

(3) two (2) members shall be elected by the deputies of the Assembly holding reserved or guaranteed seats for the Kosovo Serb community and at least one of the two must be a judge;

(4) two (2) members shall be elected by the deputies of the Assembly holding reserved or guaranteed seats for other Communities and at least one of the two must be a judge.

(5) Incompatibilities with membership on the Kosovo Judicial Council shall be regulated by law.

7. The Kosovo Judicial Council elects from its members a Chair and Vice Chair each for a term of three (3) years.  Election to these offices does not extend the mandate of the members of the Kosovo Judicial Council.

8. The Chair of the Kosovo Judicial Council addresses the Assembly of the Republic of Kosovo at least once a year regarding the Judicial System.

9. Candidates for judicial positions that are reserved for members of Communities that are not in the majority in Kosovo may only be recommended for appointment by the majority of members of the Council elected by Assembly deputies holding seats reserved or guaranteed for members of communities that are not in the majority in Kosovo.  If this group of Council members fails to recommend a candidate for a judicial position in two consecutive sessions of the Council, any Council member may recommend a candidate for that position.   

10. Candidates for judicial positions within basic courts, the jurisdiction of which exclusively includes the territory of one or more municipalities in which the majority of the population belongs to the Kosovo Serb community, may only be recommended for appointment by the two members of the Council elected by Assembly deputies holding seats reserved or guaranteed for the Serb Community in the Republic of Kosovo acting jointly and unanimously. If these two (2) members fail to recommend a judicial candidate for two consecutive sessions of the Kosovo Judicial Council, any Kosovo Judicial Council member may recommend a candidate for that position. 

Article 109 [State Prosecutor]

1. The State Prosecutor is an independent institution with authority and responsibility for the prosecution of persons charged with committing criminal acts and other acts specified by law.

2. The State Prosecutor is an impartial institution and acts in accordance with the Constitution and the law.

3. The organization, competencies and duties of the State Prosecutor shall be defined by law.

4. The State Prosecutor shall reflect the multiethnic composition of the Republic of Kosovo and shall respect the principles of gender equality.

5. The mandate for prosecutors shall be three years.  The reappointment mandate is permanent until the retirement age as determined by law or unless removed in accordance with law.

6. Prosecutors may be removed from office upon conviction of a serious criminal offense or for serious neglect of duties.

7. The Chief State Prosecutor shall be appointed and dismissed by the President of the Republic of Kosovo upon the proposal of the Kosovo Prosecutorial Council. The mandate of the Chief State Prosecutor is seven (7) years, without the possibility of reappointment.

Article 110 [Kosovo Prosecutorial Council]

1. The Kosovo Prosecutorial Council is a fully independent institution in the performance of its functions in accordance with law.  The Kosovo Prosecutorial Council shall ensure that all persons have equal access to justice. The Kosovo Prosecutorial Council shall ensure that the State Prosecutor is independent, professional and impartial and reflects the multi-ethnic nature of Kosovo and the principles of gender equality.

2. The Kosovo Prosecutorial Council shall recruit, propose, promote, transfer, reappoint and discipline prosecutors in a manner provided by law. The Council shall give preference for appointment as prosecutors to members of underrepresented Communities as provided by law.  All candidates shall fulfill the selection criteria as provided by law.

3. Proposals for appointments of prosecutors must be made on the basis of an open appointment process, on the basis of the merit of the candidates, and the proposals shall reflect principles of gender equality and the ethnic composition of the relevant territorial jurisdiction.

4. The composition of Kosovo Prosecutorial Council, as well as provisions regarding appointment, removal, term of office, organizational structure and rules of procedure, shall be determined by law.

Article 111 [Advocacy]

1. Advocacy is an independent profession, which shall provide services in the manner provided by law.

2. The manners by which the right of exercising the profession of the advocate is obtained and lost shall be determined by law.

Constitutional Court

Article 112 [General Principles]

1. The Constitutional Court is the final authority for the interpretation of the Constitution and the compliance of laws with the Constitution.

2. The Constitutional Court is fully independent in the performance of its responsibilities.

Article 113 [Jurisdiction and Authorized Parties]

1. The Constitutional Court decides only on matters referred to the court in a legal manner by authorized parties.

2. The Assembly of Kosovo, the President of the Republic of Kosovo, the Government, and the Ombudsperson are authorized to refer the following matters to the Constitutional Court:

(1) the question of the compatibility with the Constitution of laws, of decrees of the President or Prime Minister, and of regulations of the Government;

(2) the compatibility with the Constitution of municipal statutes.

3. The Assembly of Kosovo, the President of the Republic of Kosovo and the Government are authorized to refer the following matters to the Constitutional Court:

(1) conflict among constitutional competencies of the Assembly of Kosovo, the President of the Republic of Kosovo and the Government of Kosovo;

(2) compatibility with the Constitution of a proposed referendum;

(3) compatibility with the Constitution of the declaration of a State of Emergency and the actions undertaken during the State of Emergency;

(4) compatibility of a proposed constitutional amendment with binding international agreements ratified under this Constitution and the review of the constitutionality of the procedure followed;

(5) questions whether violations of the Constitution occurred during the election of the Assembly.

4. A municipality may contest the constitutionality of laws or acts of the Government infringing upon their responsibilities or diminishing their revenues when municipalities are affected by such law or act.

5. Ten (10) or more deputies of the Assembly of Kosovo, within eight (8) days from the date of adoption, have the right to contest the constitutionality of any law or decision adopted by the Assembly as regards its substance and the procedure followed.

6. Thirty (30) or more deputies of the Assembly are authorized to refer the question of whether the President of the Republic of Kosovo has committed a serious violation of the Constitution.

7. Individuals are authorized to refer violations by public authorities of their individual rights and freedoms guaranteed by the Constitution, but only after exhaustion of all legal remedies provided by law.

8. The courts have the right to refer questions of constitutional compatibility of a law to the Constitutional Court when it is raised in a judicial proceeding and the referring court is uncertain as to the compatibility of the contested law with the Constitution and provided that the referring court's decision on that case depends on the compatibility of the law at issue.

9. The President of the Assembly of Kosovo refers proposed Constitutional amendments before approval by the Assembly to confirm that the proposed amendment does not diminish the rights and freedoms guaranteed by Chapter II of the Constitution.

10. Additional jurisdiction may be determined by law.

Article 114 [Composition and Mandate of the Constitutional Court]

1. The Constitutional Court shall be composed of nine (9) judges who shall be distinguished jurists of the highest moral character, with not less than ten (10) years of relevant professional experience. Other relevant qualifications shall be provided by law. Principles of gender equality shall be respected.

2. Judges shall be appointed by the President of the Republic of Kosovo upon the proposal of the Assembly and shall serve for a non-renewable mandate of nine (9) years.

3. The decision to propose seven (7) judges requires a two thirds (2/3) majority of the deputies of the Assembly present and voting. The decision on the proposals of the other two (2) judges shall require the majority vote of the deputies of the Assembly present and voting, but only upon the consent of the majority of the deputies of the Assembly holding seats reserved or guaranteed for representatives of the Communities not in the majority in Kosovo.

4. If the mandate of a judge ends before the end of the regular mandate, the appointment of the replacement judge shall be made in compliance with this article for a full mandate without the right to re-appointment.

5. The President and Deputy President of the Constitutional Court shall be elected from the judges of the Constitutional Court by a secret ballot of the judges of the Court for a term of three (3) years. Election to these offices shall not extend the regular mandate of the judge. 


Article 115 [Organization of the Constitutional Court]

1. The Constitutional Court shall determine its internal organization, rules of procedure, decision-making processes and other organizational issues pursuant to law.

2. The Constitutional Court shall publish an annual report.

Article 116 [Legal Effect of Decisions]

1. Decisions of the Constitutional Court are binding on the judiciary and all persons and institutions of the Republic of Kosovo.

2. While a proceeding is pending before the Constitutional Court, the Court may temporarily suspend the contested action or law until the Court renders a decision if the Court finds that application of the contested action or law would result in unrecoverable damages.

3. If not otherwise provided by the Constitutional Court decision, the repeal of the law or other act or action is effective on the day of the publication of the Court decision.

4. Decisions of the Constitutional Court are published in the Official Gazette.

Article 117 [Immunity]

Judges of the Constitutional Court shall be immune from prosecution, civil lawsuit and dismissal for actions taken, decisions made or opinions expressed that are within the scope of their responsibilities as Judges of the Constitutional Court.

Article 118 [Dismissal]

Judges of the Constitutional Court may be dismissed by the President of the Republic of Kosovo upon the proposal of two thirds (2/3) of the judges of the Constitutional Court only for the commission of a serious crime or for serious neglect of duties.

Economic Relations

Article 119 [General Principles]

1. The Republic of Kosovo shall ensure a favorable legal environment for a market economy, freedom of economic activity and safeguards for private and public property.    

2. The Republic of Kosovo shall ensure equal legal rights for all domestic and foreign investors and enterprises.

3. Actions limiting free competition through the establishment or abuse of a dominant position or practices restricting competition are prohibited, unless explicitly allowed by law.

4. The Republic of Kosovo promotes the welfare of all of its citizens by fostering sustainable economic development.

5. The Republic of Kosovo shall establish independent market regulators where the market alone cannot sufficiently protect the public interest.

6. A foreign investor is guaranteed the right to freely transfer profit and invested capital outside the country in accordance with the law. 

7. Consumer protection is guaranteed in accordance with the law.

8. Every person is required to pay taxes and other contributions as provided by law.

9. The Republic of Kosovo shall exercise its ownership function over any enterprise it controls consistently with the public interest, with a view to maximizing the long-term value of the enterprise.

10. Public service obligation may be imposed on such enterprises in accordance with the law, which shall also provide for a fair compensation. 

Article 120 [Public Finances]

1.  Public expenditure and the collection of public revenue shall be based on the principles of accountability, effectiveness, efficiency and transparency.

2.  The conduct of fiscal policy at all levels of government shall be compatible with the conditions for low-inflationary and sustainable economic growth and employment creation.

3.  Public borrowing shall be regulated by law and shall be compatible with economic stability and fiscal sustainability.

Article 121 [Property]

1. Types of property shall be defined by law.

2. Foreign natural persons and foreign organizations may acquire ownership rights over immovable property in accordance with such reasonable conditions as may be established by law or international agreement.    

3. Foreign natural persons and foreign organizations may, in accordance with such reasonable conditions as may be established by law, acquire concession rights and other rights to use and/or exploit publicly owned resources, including natural resources, and publicly owned infrastructure.

Article 122 [Use of Property and Natural Resources]

1. The people of the Republic of Kosovo may, in accordance with such reasonable conditions as may be established by law, enjoy the natural resources of the Republic of Kosovo, but they may not infringe on the obligations stemming from international agreements on economic cooperation.      

2. Natural resources such as water, air space, mineral resources and other natural resources including land, flora and fauna, other parts of nature, immovable property and other goods of special cultural, historic, economic and ecologic importance, which have been determined by law to be of special interest to the Republic of Kosovo, shall enjoy special protection in accordance with law.            

3. Limitations on owners' rights and other exploitation rights on goods of special interest to the Republic of Kosovo and the compensation for such limitations shall be provided by law.

Local Government and Territorial Organization

Article 123 [General Principles]

1. The right to local self-government is guaranteed and is regulated by law.

2. Local self-government is exercised by representative bodies elected through general, equal, free, direct, and secret ballot elections.

3. The activity of local self-government bodies is based on this Constitution and the laws of the Republic of Kosovo and respects the European Charter of Local Self-Government. The Republic of Kosovo shall observe and implement the European Charter on Local Self Government to the same extent as that required of a signatory state.

4. Local self-government is based upon the principles of good governance, transparency, efficiency and effectiveness in providing public services having due regard for the specific needs and interests of the Communities not in the majority and their members.

Article 124 [Local Self-Government Organization and Operation]

1. The basic unit of local government in the Republic of Kosovo is the municipality. Municipalities enjoy a high degree of local self-governance and encourage and ensure the active participation of all citizens in the decision-making process of the municipal bodies.

2. Establishment of municipalities, municipal boundaries, competencies and method of organization and operation shall be regulated by law.

3. Municipalities have their own, extended and delegated competencies in accordance with the law. The state authority which delegates competencies shall cover the expenditures incurred for the exercise of delegation.

4. Municipalities have the right of inter-municipal cooperation and cross-border cooperation in accordance with the law.

5. Municipalities have the right to decide, collect and spend municipal revenues and receive appropriate funding from the central government in accordance with the law.

6. Municipalities are bound to respect the Constitution and laws and to apply court decisions.

7. The administrative review of acts of municipalities by the central authorities in the area of their own competencies shall be limited to ensuring compatibility with the Constitution of the Republic of Kosovo and the law.