Justice
Export agreement coding (PDF)- Country/entityKosovo
Serbia
Yugoslavia (former) - RegionEurope and Eurasia
Europe and Eurasia
Europe and Eurasia - Agreement nameJustice
- Date9 Feb 2015
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelInterstate/intrastate conflict(s) ( )
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processKosovo-Serbia Normalisation Process
- PartiesCopy of agreement unsigned, believed to have been initialled by Prime Minister of Serbia Alexsander Vucic and Prime Minister of Kosovo Isa Mustafa. Hashim Thaci (Kosovo) and Ivica Dacic (Serbia) were also in attendance.
- Third partiesCopy of agreement unsigned, believed to have been initialled by High Representative of the EU for Foreign Affairs and Security Policy, Federica Mogherini.
- DescriptionThe agreement in its entirety provides for revising the judicial system four Serb-majority municipalities in northern Kosovo (Mitrovica North, Zubin Potok, Leposavic and Zvecan) and the Albanian majority municipality Mitrovica South. It stipulates the ethnic composition of judges and the responsibilities of particular courts and departments.
- Agreement document
Groups
- Children/youthGroups→Children/youth→SubstantivePage 1, 12. The second premises of the Mitrovica Basic Court in the Mitrovica south will comprise of:
- The department for minors for the entire Mitrovica region, - Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→SubstantiveSummary: The agreement in its entirety provides for revising the judicial system in Serb-majority municipalities in northern Kosovo, in order to dismantle parallel structures and integrate the Serbian community. This includes proportionality of Kosovo Serb judges, and designations that a Kosovo Serb must be the president of the Mitrovica Basic Court. For full provisions see Judiciary and courts category.
- Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)
No specific mention.
- Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharingPower sharing→Political power sharing→Other proportionalitySub-state levelPage 1, 11. The Mitrovica Basic Court premises in Mitrovica north will comprise of:
- The division of the Court of Appeals in Mitrovica, which will be composed of 5 Kosovo Serbs and 2 Kosovo Albanian Judges,
- The department for serious crimes for the entire Mitrovica region, which will be composed of 4 Kosovo Serbs and 4 Kosovo Albanian Judges,
- The part of the general department adjudicating over all criminal offences for Mitrovica north, Mitrovica south and Zvečan. - Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL general
No specific mention.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courtsSummary: the agreement in its entirety reforms the judiciary in Serb-majority municipalities in the north of Kosovo.
Page 1, 1. Kosovo laws will apply to judicial institutions in accordance with the First Agreement.
Page 1, 2. There will be one Basic Court and one Basic Prosecution Office for Mitrovica region.
Page 1, 3. There will be multiple premises for the Mitrovica Basic Court.
Page 1, 4. There are four existing branches to the Mitrovica Basic Court in the Mitrovica region (Zubin Potok, Leposavić, Srbica, Vučitrn).
Page 1, 5. The vast majority of cases coming from the municipalities where the branches are located are adjudicated in the branches, in accordance with the law.
Page 1, 6. In Kosovo, the President of a Basic Court decides on the allocation of cases.
Page 1, 7. The allocation of cases to prosecutors is based on expertise, specialization, personal background and local area knowledge, in accordance with Kosovo law.
Page 1, 8. The vast majority of cases in a Basic Court are decided by single judge, in accordance with Kosovo law.
Page 1, 9. Both sides will be represented in all premises of the Mitrovica Basic Court, the Basic Prosecution Office and the division of the Court of Appeals in Mitrovica.
Page 1, 10. The Mitrovica Basic Court premises in Mitrovica north will host a majority of Kosovo Serbs.
Page 1, 11. The Mitrovica Basic Court premises in Mitrovica north will comprise of:
- The division of the Court of Appeals in Mitrovica, which will be composed of 5 Kosovo Serbs and 2 Kosovo Albanian Judges,
- The department for serious crimes for the entire Mitrovica region, which will be composed of 4 Kosovo Serbs and 4 Kosovo Albanian Judges,
- The part of the general department adjudicating over all criminal offences for Mitrovica north, Mitrovica south and Zvečan.
Page 1, 12. The second premises of the Mitrovica Basic Court in the Mitrovica south will comprise of:
- The department for minors for the entire Mitrovica region,
- The part of the general department adjudicating over civil matters, uncontested claims, minor offenses for Mitrovica north, Mitrovica south and Zvečan,
The second premises will be located in Mitrovica south, in the so-called "YugoBanka" building, or another building to be agreed by both sides.
Page 1, 13. The President of the Mitrovica Basic Court is a Kosovo Serb from northern Kosovo.
Page 2, 14. The Chief Prosecutor of the Mitrovica Basic Prosecution Office is a Kosovo Albanian. The premises are located in the Mitrovica North Administrative Office (MNAO), situated in Bosniak Mahala or another building to be agreed by both sides.
Page 2, 15. A Kosovo Serb will head the division of the Court of Appeals sitting in Mitrovica/north. The Vice President of the Court of Appeal will be a Kosovo Serb sitting in Pristina. - Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
No specific mention.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceGovernment of the Republic of Serbia, Negotiation process with Pristina
http://www.kim.gov.rs/eng/pregovaracki-proces.php
Justice
1. Kosovo laws will apply to judicial institutions in accordance with the First Agreement.
2. There will be one Basic Court and one Basic Prosecution Office for Mitrovica region.
3. There will be multiple premises for the Mitrovica Basic Court.
4. There are four existing branches to the Mitrovica Basic Court in the Mitrovica region (Zubin Potok, Leposavić, Srbica, Vučitrn).
5. The vast majority of cases coming from the municipalities where the branches are located are adjudicated in the branches, in accordance with the law.
6. In Kosovo, the President of a Basic Court decides on the allocation of cases.
7. The allocation of cases to prosecutors is based on expertise, specialization, personal background and local area knowledge, in accordance with Kosovo law.
8. The vast majority of cases in a Basic Court are decided by single judge, in accordance with Kosovo law.
9. Both sides will be represented in all premises of the Mitrovica Basic Court, the Basic Prosecution Office and the division of the Court of Appeals in Mitrovica.
10. The Mitrovica Basic Court premises in Mitrovica north will host a majority of Kosovo Serbs.
11. The Mitrovica Basic Court premises in Mitrovica north will comprise of:
- The division of the Court of Appeals in Mitrovica, which will be composed of 5 Kosovo Serbs and 2 Kosovo Albanian Judges,
- The department for serious crimes for the entire Mitrovica region, which will be composed of 4 Kosovo Serbs and 4 Kosovo Albanian Judges,
- The part of the general department adjudicating over all criminal offences for Mitrovica north, Mitrovica south and Zvečan.
12. The second premises of the Mitrovica Basic Court in the Mitrovica south will comprise of:
- The department for minors for the entire Mitrovica region,
- The part of the general department adjudicating over civil matters, uncontested claims, minor offenses for Mitrovica north, Mitrovica south and Zvečan,
The second premises will be located in Mitrovica south, in the so-called "YugoBanka" building, or another building to be agreed by both sides.
13. The President of the Mitrovica Basic Court is a Kosovo Serb from northern Kosovo.
14. The Chief Prosecutor of the Mitrovica Basic Prosecution Office is a Kosovo Albanian.
The premises are located in the Mitrovica North Administrative Office (MNAO), situated in Bosniak Mahala or another building to be agreed by both sides.
15. A Kosovo Serb will head the division of the Court of Appeals sitting in Mitrovica/north.
The Vice President of the Court of Appeal will be a Kosovo Serb sitting in Pristina.