Conclusions of the EU Facilitator on justice, 30 November 2016

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Country/entity
Kosovo
Serbia
Yugoslavia (former)
Region
Europe and Eurasia
Europe and Eurasia
Europe and Eurasia
Agreement name
Conclusions of the EU Facilitator on justice, 30 November 2016
Date
30 Nov 2016
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
Stage
Implementation/renegotiation
Conflict nature
Government/territory
Peace process
Kosovo-Serbia Normalisation Process
Parties
Agreement unsigned, parties believed to be the Kosovo delegation, led by Edita Tahiri and the Serbian delegation led by Marko Djuric.
Third parties
Agreement unsigned, meeting facilitated by the European External Action Service.
Description
Agreement on integration of Kosovo Serb judges, prosecutors and administrative staff into the Kosovo judiciary, to implement the agreement on restructuring the justice system agreed on 9 February 2015.

Agreement document
KV_161130_Conclusions of the EU Facilitator on justice, 30 November 2016.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Groups→Racial/ethnic/national group→Substantive
Summary: 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. 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
Page 1, D. Serbia will notify European External Action Service in writing, on 9 December 2016 at the latest, the termination of the employment relations of Judges, Prosecutors and administrative support staff candidates for integration, whit Serbian authorities and the cessation of payment of salaries, in accordance with relevant regulations. This will be final and effective on 10 January 2017. The names of Judges, Prosecutors and administrative support staff will be annexed to the correspondence.

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 sharing
No specific mention.
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 courts
Summary: agreement in its entirety provides for further reforms of the judiciary, in particular relating to Serb-majority municipalities in northern Kosovo.

Page 1, A. The Parties endorsed the list of successful Judges, Prosecutors and administrative support staff for integration, as distributed on 17 October 2016.

Page 1, B. The Parties agreed on the principles of the Appellate Division of the Court of Appeals as provided by paragraph 10 of the First Agreement. These principles reflected in an Annex to the regulation on the organization of courts will be adopted by the competent Kosovo authorities and will enter into force on 7 December 2016 at the latest.

Page 1, C. Kosovo will notify in writing the European External Action Service, on 7 December at the latest, the final outcome of the integration process for administrative support staff.

Page 1, D. Serbia will notify European External Action Service in writing, on 9 December 2016 at the latest, the termination of the employment relations of Judges, Prosecutors and administrative support staff candidates for integration, whit Serbian authorities and the cessation of payment of salaries, in accordance with relevant regulations. This will be final and effective on 10 January 2017. The names of Judges, Prosecutors and administrative support staff will be annexed to the correspondence.

Page 1, E. The Kosovo Judicial Council will officially notify all competent Kosovo authorities the July 2013 conclusions on validity- appeal by 9 December 2016 at the latest, including cases that are proceeded until 9 December 2016 as per conclusions on stay on new cases.

Page 1, F. The Parties agreed that these judges, prosecutors and administrative support staff will be appointed on 10 January 2017 and thereby integrated into the Kosovo Judiciary.

Page 1, G. The Parties also agreed to the following subsequent steps:
G.1. The vacancy notice for the position of the president of the Mitrovica Basic Court will expire on 11 January 2017 at 18:00. All the Judges of the Appellate Division of the Court of Appeals will meet on 11 January 2017 at 10:00 in the premises of the Mitrovica Basic Court with EULEX facilitation to hold consultations on the proposal for the Head of the Appellate Division.

Page 1, G.2. The Kosovo Serb President of the Mitrovica Basic Court will be appointed on 13 January 2017. The Kosovo Serb Head of the Appellate Division of the Court of Appeals will be designated on the same day following a meeting in Pristina of the collegium of the Court of Appeals.

Page 1, G.3. The Parties agreed that the premises of the Mitrovica Basic Court and of the Mitrovica Prosecution Office will simultaneously be made available to the integrated personnel along with their judicial colleagues of the Mitrovica region on 16 January 2017, after the premises are put in full operations conditions.
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
Page 1, G. The Parties also agreed to the following subsequent steps: G.1. The vacancy notice for the position of the president of the Mitrovica Basic Court will expire on 11 January 2017 at 18:00. All the Judges of the Appellate Division of the Court of Appeals will meet on 11 January 2017 at 10:00 in the premises of the Mitrovica Basic Court with EULEX facilitation to hold consultations on the proposal for the Head of the Appellate Division.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
Government of the Republic of Serbia, Negotiation process with Pristina
http://www.kim.gov.rs/eng/pregovaracki-proces.php

Conclusions of the EU Facilitator on justice, 30 November 2016

In accordance with paragraph 10 of the First Agreement, the Agreement on 9 February 2015 and related conclusions:

A. The Parties endorsed the list of successful Judges, Prosecutors and administrative support staff for integration, as distributed on 17 October 2016.

B. The Parties agreed on the principles of the Appellate Division of the Court of Appeals as provided by paragraph 10 of the First Agreement.

These principles reflected in an Annex to the regulation on the organization of courts will be adopted by the competent Kosovo authorities and will enter into force on 7 December 2016 at the latest.

C. Kosovo will notify in writing the European External Action Service, on 7 December at the latest, the final outcome of the integration process for administrative support staff.

D. Serbia will notify European External Action Service in writing, on 9 December 2016 at the latest, the termination of the employment relations of Judges, Prosecutors and administrative support staff candidates for integration, whit Serbian authorities and the cessation of payment of salaries, in accordance with relevant regulations.

This will be final and effective on 10 January 2017.

The names of Judges, Prosecutors and administrative support staff will be annexed to the correspondence.

E. The Kosovo Judicial Council will officially notify all competent Kosovo authorities the July 2013 conclusions on validity- appeal by 9 December 2016 at the latest, including cases that are proceeded until 9 December 2016 as per conclusions on stay on new cases.

F. The Parties agreed that these judges, prosecutors and administrative support staff will be appointed on 10 January 2017 and thereby integrated into the Kosovo Judiciary.

G. The Parties also agreed to the following subsequent steps:

G.1. The vacancy notice for the position of the president of the Mitrovica Basic Court will expire on 11 January 2017 at 18:00.

All the Judges of the Appellate Division of the Court of Appeals will meet on 11 January 2017 at 10:00 in the premises of the Mitrovica Basic Court with EULEX facilitation to hold consultations on the proposal for the Head of the Appellate Division.

G.2. The Kosovo Serb President of the Mitrovica Basic Court will be appointed on 13 January 2017.

The Kosovo Serb Head of the Appellate Division of the Court of Appeals will be designated on the same day following a meeting in Pristina of the collegium of the Court of Appeals.

G.3. The Parties agreed that the premises of the Mitrovica Basic Court and of the Mitrovica Prosecution Office will simultaneously be made available to the integrated personnel along with their judicial colleagues of the Mitrovica region on 16 January 2017, after the premises are put in full operations conditions.