HTTP/1.1 200 OKConnection: closeDate: Fri, 13 Sep 2002 16:29:46 GMTAccept-Ranges: bytesETag: "6c445-e060-3b2370fc"Server: ApacheContent-Length: 57440Content-Type: text/plainLast-Modified: Sun, 10 Jun 2001 13:07:08 GMTClient-Date: Fri, 13 Sep 2002 15:21:45 GMTClient-Response-Num: 1Kosova-Info-Line, 05. Juni 2001Constitutional Framework for Provisional Self-GovernmentContentsPreambleChapters1. Basic Provisions2. Principles to be Observed by the Provisional Institutions ofSelf-Government3. Human Rights4. Rights of Continuities and Their Members5. Responsibilities of the Provisional Institutions of Self-Government 6.Law and Order 7. Kosova Protection Corps 8. Powers and ResponsibilitiesReserved to the SRSG 9. Provisional Institutions of Self-Government 9.1The Assembly 9.1.2 Composition of the Assembly 9.1.3 Election of theAssembly 9.1.4-6 Assembly Members' Mandate and Eligibility 9.1.7-8Presidency of the Assembly 9.1.9 President of the Assembly 9.1.10-22Assembly Committees 9.1.23-25 Rights, Immunities and Remuneration9.1.26-27 Responsibilities of the Assembly 9.1.28-29 Responsibilities ofthe Presidency of the Assembly 9.1.30-31 Responsibilities of the Presidentof the Assembly 9.1.32-33 Decision-Making Procedures 9.1.34-45 Proceduresfor Adopting Laws 9.1.46-51 Other Procedures: Removal from Office -Vacancies - Languages of the Assembly 9.2 The President of Kosova 9.3 TheGovernment 9.3.1-2 Responsibilities of the Government 9.3.3 Ministries andExecutive Agencies 9.3.4-6 Composition of the Government 9.3.7 OutsideActivities of the Ministers 9.3.8-9 Election of the Prime Minister andMinisters 9.3.10-11 Motion of No-Confidence 9.3.12-13 Changes in theComposition of the Government 9.3.14-16 Procedures within the Government9.3.17-18 Languages of the Government 9.3.19 Immunities 9.4 The JudicialSystem 9.4.1-3 Administration of Justice 9.4.4 The Court Structure 9.4.5Court Proceedings 9.4.6-8 Judges and Prosecutors 9.4.9-10 Office of thePublic Prosecutors 9.4.11 Special Chamber of the Supreme Court onConstitutional Framework Matters 10. Ombudsperson 11. Independent Bodiesand Offices 12. Authority of the SRSG 13. Authority of KFOR 14. FinalProvisionsCONSTITUTIONAL FRAMEWORK FOR PROVISIONAL SELF-GOVERNMENTPreambleThe Special Representative of the Secretary-General (SRSG), Pursuant tothe authority given to him under United Nations Security CouncilResolution 1244 (1999) of 10 June 1999 (UNSCR 1244 (1999)); Recalling that UNSCR 1244 (1999) envisages the setting-up anddevelopment of meaningful self-government in Kosova pending a finalsettlement; Acknowledging Kosova's historical, legal and constitutionaldevelopment; and taking into consideration the legitimate aspirations ofthe people of Kosova to live in freedom, in peace, and in friendlyrelations with other people in the region; Emphasizing that, since its establishment, the United NationsInterim Administration Mission in Kosova (UNMIK) has supported andassisted the people of Kosova and has worked towards this aim byenabling them to take responsibility gradually for the administration ofKosova through the establishment of the Joint Interim AdministrativeStructure (JIAS); Considering that, building on the efforts undertaken by JSNMIK and onthe achievements of JIAS, including the valuable contribution by thepeople of Kosova, and with a view to the further development ofself-government in Kosova, Provisional Institutions of Self-Government inthe legislative, executive and judicial fields shall be establishedthrough the participation of the people of Kosova in free and fairelections; Determining that, within the limits defined by UNSCR 1244 (1999),responsibilities will be transferred to Provisional Institutions ofSelf-Government which shall work constructively towards ensuringconditions for a peaceful and normal life for all inhabitants of Kosova,with a view to facilitating the determination of Kosova's future statusthrough a process at an appropriate future stage which shall, inaccordance with UNSCR 1244 (1999), take full account of all relevantfactors including the will of the people; Considering that gradual transfer of responsibilities to ProvisionalInstitutions of Self-Government will, through parliamentary democracy,enhance democratic governance and respect for the rule of law in Kosova; Endeavoring to promote economic prosperity in Kosova and the welfareof its people through the development of a market economy; Affirming that the exercise of the responsibilities of theProvisional Institutions of Self-Government in Kosova shall not in any wayaffect or diminish the ultimate authority of the SRSG for theimplementation of UNSCR 1244 (1999); Taking into account the Charter of the United Nations; the Universal Declaration on Human Rights; the United Nations Covenant on Civil and Political Rights and theProtocols thereto; -> the Convention on the Elimination of All Forms of RacialDiscrimination; -> the Convention on the Elimination of All Forms of DiscriminationAgainst Women; the Convention on the Rights of the Child; the European Convention for the Protection of Human Rights andFundamental Freedoms and the Protocols thereto; -> the European Charter for Regional or Minority Languages; -> the Council of Europe's Framework Convention for the Protection ofNational Minorities; and other relevant principles reflected ininternationally recognized legal instruments; Recognizing the need to fully protect and uphold the rights of allCommunities of Kosova and their members; Reaffirming the commitment to facilitating the safe return ofrefugees and displaced persons to their homes and their exercise of theright to recover their property and possessions, and the commitment tocreating conditions for freedom of movement for all persons; Recognizing the importance of creating a free, open and safeenvironment which facilitates the participation of all persons includingall members of Communities in the process of establishing democraticinstitutions of self-government; Hereby promulgates the following:Chapter 1Basic Provisions1.1 Kosova is an entity under interim international administrationwhich, with its people, has unique historical, legal, cultural andlinguistic attributes.1.2 Kosova is an undivided territory throughout which the ProvisionalInstitutions of Self-Government established by this ConstitutionalFramework for Provisional Self-Government (Constitutional Framework) shallexercise their responsibilities.1.3 Kosova is composed of municipalities, which are the basicterritorial units of local self-government with responsibilities as setforth in UNMIK legislation in force on local self-government andmunicipalities in Kosova.1.4 Kosova shall be governed democratically through legislative,executive, and judicial bodies and institutions in accordance with thisConstitutional Framework and TJ7NSCR 1244 (1999).1.5 The Provisional Institutions of Self-Government are:(a) Assembly;(b) President of Kosova;(c) Government;(d) Courts; and(e) Other bodies and institutions set forth in this ConstitutionalFramework1.6 The seat of the Provisional Institutions of Self-Government isPrishtina.1.7 The Provisional Institutions of Self-Government shall use only suchsymbols as are or as may be set forth in UNMIK legislation.Chapter 2Principles to be Observed by the Provisional Institutions ofSelf-GovernmentThe Provisional Institutions of Self-Government and their officialsshall:(a) Exercise their authorities consistent with the provisions of UNSCR1244 (1999) and the terms set forth in this Constitutional Framework; (b)Promote and fully respect the rule of law, human rights and freedoms,democratic principles and reconciliation; and (c) Promote and respect theprinciple of the division of powers between the legislature, the executiveand the judiciary.Chapter 3Human Rights3.1 All persons in Kosova shall enjoy, without discrimination on anyground and in full equality, human rights and fundamental freedoms.3.2 The Provisional Institutions of Self-Government shall observe andensure internationally recognized human rights and fundamental freedoms,including those rights and freedoms set forth in: (a) The UniversalDeclaration on Human Rights; (b) The European Convention for theProtection of Human Rights and Fundamental Freedoms and its Protocols; (c)The International Covenant on Civil and Political Rights and the Protocolsthereto; (d) The Convention on the Elimination of All Forms of RacialDiscrimination; (e) The Convention on the Elimination of All Forms ofDiscrimination Against Women; (f) The Convention on the Rights of theChild; (g) The European Charter for Regional or Minority Languages; and(h) The Council of Europe's Framework Convention for the Protection ofNational Minorities.3.3 The provisions on rights and freedoms set forth in these instrumentsshall be directly applicable in Kosova as part of this ConstitutionalFramework.3.4 All refugees and displaced persons from Kosova shall have the right toreturn to their homes, and to recover their property and personalpossessions. The competent institutions and organs in Kosova shall takeall measures necessary to facilitate the safe return of refugees anddisplaced persons to Kosova, and shall cooperate fully with all efforts bythe United Nations High Commissioner for Refugees and other internationaland nongovernmental organizations concerning the return of refugees anddisplaced persons.Chapter 4Rights of Communities and Their MembersGeneral Provisions4.1 Communities of inhabitants belonging to the same ethnic or religiousor linguistic group (Communities) shall have the rights set forth in thisChapter in order to preserve, protect and express their ethnic, cultural,religious, and linguistic identities.4.2 No person shall be obliged to declare to which Community he belongs,or to declare himself a member of any Community. No disadvantage shallresult from an individual's exercise of the right to declare or notdeclare himself a member of a Community.4.3 The Provisional Institutions of Self-Government shall be guided intheir policy and practice by the need to promote coexistence and supportreconciliation between Communities and to create appropriate conditionsenabling Communities to preserve, protect and develop their identities.The Institutions also shall promote the preservation of Kosova's culturalheritage of all Communities without discrimination.Rights of Communities and Their Members4.4 Communities and their members shall have the right to:(a) Use their language and alphabets freely, including before thecourts, agencies, and other public bodies in Kosova;(b) Receive education in their own language;(c) Enjoy access to information in their own language;(d) Enjoy equal opportunity with respect to employment in public bodies atall levels and with respect to access to public services at all levels;(e) Enjoy unhindered contacts among themselves and with members of theirrespective Communities within and outside of Kosova; (f) Use and displayCommunity symbols, subject to the law; (g) Establish associations topromote the interests of their Community; (h) Enjoy unhindered contactswith, and participate in, local, regional and internationalnon-governmental organizations in accordance with the procedures of suchorganizations; (i) Provide information in the language and alphabet oftheir Community, including by establishing and maintaining their ownmedia; (j) Provide for education and establish educational institutions,in particular for schooling in their own language and alphabet and inCommunity culture and history, for which financial assistance may beprovided, including from public funds in accordance with applicable law;provided that, curricula shall respect the applicable law and shallreflect a spirit of tolerance among Communities and respect for humanrights and the cultural traditions of all Communities; (k) Promote respectfor Community traditions; (l) Preserve sites of religious, historical, orcultural importance to the Community, in cooperation with relevant publicauthorities; (m) Receive and provide public health and social services, ona non-discriminatory basis, in accordance with applicable standards; (n)Operate religious institutions; (o) Be guaranteed access to, andrepresentation in, public broadcast media, as well as programming inrelevant languages; and (p) Finance their activities by collectingvoluntary contributions from their members or from organizations outsideKosova, or by receiving such funding as may be provided by the ProvisionalInstitutions of Self-Government or by local public authorities, so long assuch financing is conducted in a fully transparent manner.Protection of Rights of Communities and Their Members4.5 The Provisional Institutions of Self-Government shall ensure that allCommunities and their members may exercise the rights specified above. TheProvisional Institutions also shall ensure fair representation ofCommunities in employment in public bodies at all levels.4.6 Based on his direct responsibilities under UNSCR 1244 (1999) toprotect and promote human rights and to support peace-buildingactivities, the SRSG will retain the authority to intervene as necessaryin the exercise of self-government for the purpose of protecting therights of Communities and their members.Chapter 5Responsibilities of the Provisional Institutions of Self-Government5.1 The Provisional Institutions of Self-Government shall haveresponsibilities in the following fields:(a) Economic and financial policy;(b) Fiscal and budgetary issues;(c) Administrative and operational customs activities;(d) Domestic and foreign trade, industry and investments;(e) Education, science and technology;(f) Youth and sport;(g) Culture;(h) Health;(i) Environmental protection;(j) Labor and social welfare;(k) Family, gender and minors;(l) Transport, post, telecommunications and information technologies; (m)Public administration services; (n) Agriculture, forestry and ruraldevelopment; (o) Statistics; (p) Spatial planning; (q) Tourism; (r) Goodgovernance, human rights and equal opportunity; and (s) Non-residentaffairs.5.2 The Provisional Institutions of Self-Government shall also have thefollowing responsibilities in the field of local administration: (a)Supporting inter-municipal cooperation; (b) Promoting the development of aprofessional municipal civil service; (c) Assisting the municipalities inthe development of their own budgets and financial management systems; (d)Monitoring the quality of municipal services; (e) Identifying ways andmeans for training activities for the municipalities; (f) Assisting themunicipalities in making their activities transparent to the public; (g)Providing legal guidance and advice to the municipalities; (h)Coordinating the activities of international agencies and non-governmentalorganizations pertaining to municipalities; and (i) Overseeing compliancewith responsibilities and powers delegated to municipalities based on theorganizational structures that emerged from the municipal elections inOctober 2000, as well as responsibilities and powers transferred in themeantime. It is understood that additional powers will be progressivelytransferred in an orderly manner.5.3 The Provisional Institutions of Self-Government shall also have thefollowing responsibilities in the field of judicial affairs: (a) Makingdecisions regarding the appointment of judges and prosecutors; (b)Exercising responsibilities regarding the organization and properfunctioning of the courts, within existing court structures; (c) Theprovision, development and maintenance of court and prosecutorialservices; (d) The provision of technical and financial requirements,support personnel and material resources to ensure the effectivefunctioning of the judicial and prosecutorial systems; (e) The training,including professional and vocational training, of judicial personnel inco-operation with the Organization for Security and Co-operation in Europe(OSCE); (f) The organization of examinations for qualification of judges,prosecutors, lawyers and other legal professionals through an independentprofessional body; (g) The appointment, training, disciplining anddismissing of members of judicial support staff; (h) Ensuring coordinationon matters pertaining to the judicial system and the correctional service;(i) Co-operating with appropriate organizations in respect of independentmonitoring of the judicial system and the correctional service; (j)Providing information and statistics on the judicial system and thecorrectional service, as appropriate; (k) Protecting personal datarelating to the judicial system and correctional service; (1) Ensuringcooperation in judicial and correctional matters with appropriate entitiesinside Kosova; and (m) Assisting in the recruitment, training andevaluation of personnel for the correctional service.5.4 The Provisional Institutions of Self-Government shall also have thefollowing responsibilities in the field of mass media: (a) Adopting lawsand enforcement mechanisms in accordance with international human rightsand freedom of expression standards as contained in Articles 19 and 29 ofthe Universal Declaration of Human Rights and the European Convention forthe Protection of Human Rights and Fundamental Freedoms and its Protocolsto prevent defamation or hate speech in the Kosova systems of mass media;(b) Regulating broadcast media consistent with these international legalconstraints and the best European practices through an independent mediacommission, whose members will be appointed by the ProvisionalInstitutions of Self-Government from nominations submitted bynon-governmental and non-political organizations in Kosova; these memberswill include both genders and will reflect the ethnic and regionaldiversity of Kosova society; (c) Guaranteeing the editorial independenceof the public broadcaster by safeguarding the independence of its Board,whose members will be appointed by the Provisional Institutions ofSelf-Government from nominations submitted by nongovernmental andnon-political organizations in Kosova; these members will include bothgenders and will reflect the ethnic and regional diversity of Kosovasociety; and (d) Establishing an office or offices of public informationto present the provisional institutions' deliberations and decisions tothe international and local media.5.5 The Provisional Institutions of Self-Government shall also have thefollowing responsibilities in the field of emergency preparedness: (a)Developing and implementing a strategy for emergency planning and civilprotection services; and (b) Directing and coordinating fire and rescueservices in close co-operation with the municipalities.5.6 The Provisional Institutions of Self-Government shall also have thefollowing responsibilities in the field of external relations:International and external co-operation, including the reaching andfinalizing of agreements. Such activities shall be coordinated with theSRSG.5.7 The Provisional Institutions of Self-Government shall be responsiblefor aligning their legislation and practices in all areas ofresponsibility with relevant European and international standards andnorms, with a particular view to facilitating closer economic, social andother ties between the people of Kosova and other Europeans, and inawareness that respect for such standards and norms will be central forthe development of relations with the Euro-Atlantic community.5.8 The Provisional Institutions of Self-Government shall have suchother responsibilities as are specified herein or in other legalinstruments.Chapter 6Law and OrderMaintenance of law and order is of fundamental importance for all thepeople of Kosova. The Kosova Police Service, which functions under theauthority of the SRSG and under the supervision of UNMIIK Police,contributes significantly to achieving this objective through itssupporting role in crime prevention and public protection and safety. Withthe support of the international community, the capacity of the KosovaPolice Service in crime prevention, criminal information gathering,criminal investigation and fighting against criminality is being enhanced.This will make it possible for the Kosova Police Service to graduallyassume additional responsibilities for the maintenance of law and order.Chapter 7Kosova Protection CorpsThe Kosova Protection Corps is a civilian emergency organization,established under the law, which carries out in Kosova rapid disasterresponse tasks for public safety in times of emergency and humanitarianassistance.Chapter 8Powers and Responsibilities Reserved to the SRSG8.1 The powers and responsibilities of the Provisional Institutions ofSelf-Government shall not include certain reserved powers andresponsibilities, which will remain exclusively in the hands of the SRSG.These reserved powers shall include: (a) Full authority to ensure that therights and interests of Communities are fully protected; (b) Dissolvingthe assembly and calling for new elections in circumstances where theProvisional Institutions of Self-Government are deemed to act in a mannerwhich is not in conformity with UNSCR 1244(1999), or in the exercise ofthe SRSG's responsibilities under that Resolution. The SRSG shall exercisethis power after consultation with the President of Kosova. The Assemblymay, by a decision supported by two-thirds of its members, request theSRSG to dissolve the Assembly. Such a request shall be communicated to theSRSG by the President of Kosova; (c) Final authority to set the financialand policy parameters for, and to approve, the Kosova Consolidated Budget,acting on the advice of the Economic and Fiscal Council; (d) Monetarypolicy; (e) Establishing arrangements for the independent external auditof the Kosova Consolidated Budget; (f) Exercising control and authorityover the UNMIK Customs Service; (g) Exercising final authority regardingthe appointment, removal from office and disciplining of judges andprosecutors; (h) Deciding upon requests regarding the assignment ofinternational judges and prosecutors, as well as change of venue, inaccordance with the relevant UNMIK legislation in force; (i) Exercisingpowers and responsibilities of an international nature in the legal field;(j) Exercising authority over law enforcement institutions and thecorrectional service, both of which include and are supported by localstaff; (k) Exercising authority and control over the Kosova ProtectionCorps; (l) Exercising authority and control over the management of theadministration and financing of civil security and emergency preparedness.Responsibility shall be gradually assumed by the Provisional Institutionsof Self-Government; (m) Concluding agreements with states andinternational organizations in all matters within the scope of UNSCR 1244(1999); (n) Overseeing the fulfillment of commitments in internationalagreements entered into on behalf of UNM17K; (o) External relations,including with states and international organizations, as may be necessaryfor the implementation of his mandate. In exercising his responsibilitiesfor external relations, the SRSG will consult and co-operate with theProvisional Institutions of Self-Government with respect to matters ofconcern to the institutions; (p) Control over cross-border/boundarytransit of goods (including animals). The Provisional Institutions ofSelf-Government shall co-operate in this regard; (q) Authority toadminister public, state and socially-owned property in accordance withthe relevant UNMIK legislation in force, in co-operation with theProvisional Institutions of Self-Government; (r) Regulation of public andsocially-owned enterprises after having consulted the Economic and FiscalCouncil and the Provisional Institutions of Self-Government; (s)Administrative control and authority over railways, frequency managementand civil aviation functions. Certain administrative functions shall becarried out by the Provisional Institutions of Self-Government and therelevant independent regulatory bodies; (t) Control and authority over theHousing and Property Directorate, including the Housing Claims Commission;(u) Defining the jurisdiction and competence for the resolution ofcommercial property disputes; (v) Preserving the existing boundaries ofmunicipalities; (w) Responsibility to ensure that the system of localmunicipal administration functions effectively based on internationallyrecognized and accepted principles; (x) Appointing the members of theEconomic and Fiscal Council, the Governing Board of the Banking andPayments Authority of Kosova, the chief executives of the Customs Serviceand Tax Inspectorate, and the Auditor General; convening and presidingover the Economic and Fiscal Council; (y) Appointing international expertsto the managing boards or commissions of the public broadcaster, theindependent media regulatory body and other institutions involved inregulating the mass media, with the proviso that the number of such SRSGnominations will not constitute the majority of any such managing board orcommission; (z) Control and authority over the civil registry database,which shall be maintained in cooperation with the Provisional Institutionsof Self-Government.8.2 The SRSG shall coordinate closely with the International SecurityPresence in: (a) Conducting border monitoring duties; (b) Regulatingpossession of firearms; (c) Enforcing public safety and order; and (d)Exercising functions that may be attributed to the domain of defense,civil emergency and security preparedness.Chapter 9Provisional Institutions of Self-GovernmentSection 1: The Assembly9.1.1 The Assembly is the highest representative and legislativeProvisional Institution of Self-Government of Kosova.Composition of the Assembly9.1.2 The Assembly shall have 120 members elected by secret ballot.Election of the Assembly9.1.3 Kosova shall, for the purposes of election of the Assembly, beconsidered a single, multi-member electoral district.(a) One hundred (100) of 120 seats of the Assembly shall be distributedamongst all parties, coalitions, citizens' initiatives, and independentcandidates in proportion to the number of valid votes received by them inthe election to the Assembly. (b) Twenty (20) of the 120 seats shall bereserved for the additional representation of non-Albanian KosovaCommunities as follows: (i) Ten (10) seats shall be allocated to parties, coalitions,citizens' initiatives and independent candidates having declaredthemselves representing the Kosova Serb Community. These seats shall bedistributed to such parties, coalitions, citizens' initiatives andindependent candidates in proportion to the number of valid votes receivedby them in the election to the Assembly; and (ii) Ten (10) seats shall be allocated to other Communities asfollows: the Roma, Ashkali and Egyptian Communities four (4), theBosnian Community three (3), the Turkish Community two (2) and theGorani Community one (1). The seats for each such Community or group ofCommunities shall be distributed to parties, coalitions, citizens'initiatives and independent candidates having declared themselvesrepresenting each such Community in proportion to the number of validvotes received by them in the election to the Assembly. (c) Each personhaving attained 18 years of age on the day of the election and satisfyingthe other criteria of eligibility to vote as applied to the municipalelections held in Kosova on 28 October 2000 shall be entitled to vote. (d)The rank order of the candidates on lists of parties, coalitions andcitizens' initiatives submitted for the purpose of election to theAssembly shall be considered fixed. (e) Geographical and genderrequirements in respect of candidate lists submitted by parties,coalitions and citizens' initiatives for the purpose of the election tothe Assembly may be specified by the SRSG on the recommendation of theCentral Election Commission. Assembly Members' Mandate and EligibilityLength of Mandate:9.1.4 The term of the Assembly shall be three years, commencing on thedate of the inaugural session, which shall be convened within thirty daysafter the certification of the election results.9.1.5 Without prejudice to the competencies of the SRSG, at leasttwo-thirds of the members of the Assembly may request the SRSG todissolve the Assembly. Such a request shall be communicated to the SRSG bythe President of Kosova.Candidate Eligibility:9.1.6 A person who fulfils the voter eligibility requirements shall beeligible to stand as a candidate in Assembly elections provided he is not:(a) A member of the Central Election Commission, the Election Complaintsand Appeals sub-Commission, an Assembly Election Commission, or a PollingStation Committee; (b) A member of the Kosova Protection Corps or of theKosova Police Service; (c) Serving as a judge or prosecutor; (d) Serving asentence imposed by the International Criminal Tribunal for the FormerYugoslavia or under indictment by the Tribunal and has failed to complywith an order to appear before the Tribunal; or (e) Deprived of legalcapacity by a final court decision.Presidency of the Assembly9.1.7 The Assembly shall have a Presidency consisting of seven Assemblymembers who shall be selected as follows: (a) Two members shall beappointed by the party or coalition having obtained the highest number ofvotes in the Assembly elections; (b) Two members shall be appointed by theparty or coalition having obtained the second highest number of votes inthe Assembly elections; (c) One member shall be appointed by the party orcoalition having obtained the third highest number of votes in theAssembly elections; (d) One member shall be appointed from among themembers of the Assembly belonging to those parties having declaredthemselves representative of the Kosova Serb Community; and (e) One membershall be appointed from among the members of the Assembly belonging toparties having declared themselves representative of a non-Kosova Albanianand non-Kosova Serb Community. The method for appointing this lattermember shall be determined by members of the Assembly belonging to thesesame Communities.9.1.8 The Assembly shall endorse these appointments by a formal vote.President of the Assembly9.1.9 A member of the Presidency from the party or coalition havingobtained the highest number of votes in the elections for the Assemblyshall be the President of the Assembly.Assembly Committees9.1.10 There shall be Main and Functional Committees of the Assembly toreview draft laws and make recommendations as appropriate.Main Committees:Budget Committee9.1.11 The Budget Committee shall be composed of 12 members, allocatedproportionally among the parties and coalitions represented in theAssembly. It shall have general competencies in budgetary and financialmatters. It shall also be responsible for ensuring that all proposed lawshaving budgetary implications are accompanied by a financial impactstatement.Committee on Rights and Interests of Communities9.1.12 The Committee on Rights and Interests of Communities shall becomposed of two members from each of Kosova's Communities elected to theAssembly. Communities represented by only one member in the Assembly shallbe represented by this member in the Committee.9.1.13 At the request of any member of the Presidency of the Assembly, anyproposed law shall be submitted to the Committee on Rights and Interestsof Communities. The Committee, by a majority vote of its members, shalldecide whether to make recommendations regarding the proposed law withinthe time limit specified below.9.1.14 If the Committee on Rights and Interests of Communities decides totake such action, it shall, within a period of two weeks from receivingsuch a proposed law, make recommendations regarding the proposed law witha view to ensuring that Community rights and interests are adequatelyaddressed and submit these recommendations to the relevant FunctionalCommittee or to the Assembly as appropriate.9.1.15 The Committee may on its own initiative propose laws and suchother measures within the responsibilities of the Assembly as it deemsappropriate to address the concerns of Communities.9.1.16 Each member of the Committee shall have the right to attach awritten opinion to any proposed law referred to or taken up by theCommittee.9.1.17 A matter may be referred to the Committee for an advisory opinionby the Presidency of the Assembly, a Main or Functional Committee or agroup composed of ten or more members of the Assembly.Functional Committees:9.1.18 The Assembly may establish such Functional Committees as it deemsnecessary and appropriate to carry out its responsibilities.9.1.19 The Assembly shall decide on the number of members of eachfunctional committee. The membership of all Functional Committees shallreflect the diversity of the membership of the Assembly.9.1.20 If a party of coalition represented in the Assembly does not have aseat on a given Functional Committee, it shall have the right to send anAssembly member to all meetings of that Functional Committee in anobserver capacity.9.1.21 The chairmanships of all the Committees of the Assembly shall bedistributed proportionally among the parties and coalitions represented inthe Assembly.9.1.22 Committees shall have two Vice-Chairmen from different parties orcoalitions than that of the Chairman. At least one Vice-Chairman shall beof a different Community than the Chairman.Rights. Immunities and Remuneration9.1.23 Each member of the Assembly shall have an equal right andobligation to participate fully in the proceedings of the Assembly. Thisshall include, but not be limited to, the rights to initiate draft lawsand resolutions, to vote on all proposed decisions by the Assembly, and totake part on an equal basis with other members in all debates of theAssembly.9.1.24 All members of the Assembly shall be immune from all civil andcriminal proceedings with regard to words spoken or other acts performedin their capacity as members of the Assembly. Such immunity shall notcover acts that are clearly conducive to inter-Community violence.9.1.25 All members of the Assembly shall receive salaries for theirparticipation in the work of the Assembly and its Committees.Responsibilities of the Assembly9.1.26 The Assembly shall have the following responsibilities:(a) Adopting laws and resolutions in the areas of responsibility of theProvisional Institutions of Self-Government as set out in Chapter 5; (b)Endorsing the Presidency of the Assembly; (c) Electing the President ofKosova; (d) Endorsing or rejecting the Prime Minister candidate togetherwith the list of Ministers of the Government proposed by the PrimeMinister candidate; (e) Making decisions on other appointments asspecified in this Constitutional Framework; (f) Considering and endorsingproposed international agreements within the scope of itsresponsibilities; (g) Deciding on motions of no-confidence in theGovernment; (h) Instructing the Government to prepare draft laws; (i)Adopting the Rules of Procedure of the Assembly and its committees; (j)Other responsibilities specified herein or in other legal instruments.9.1.27 Laws, once promulgated, are binding legislative acts of a generalnature. Resolutions are non-binding declarations. Responsibilities of thePresidency of the Assembly9.1.28 The Presidency of the Assembly shall have the followingresponsibilities:(a) Making recommendations to the Assembly on all organizational mattersof Assembly business, including the agenda; (b) Maintaining appropriateexternal parliamentary contacts, in coordination with the SRSG; and (c)Acting on motions as provided in paragraphs 9.1.40 and 9.1.41.9.1.29 The Presidency shall endeavour to adopt all decisions byconsensus. When efforts to reach consensus have failed, except whenacting on motions under paragraph 9.1.40, it shall decide by majority voteof those present and voting, provided that at least five members arepresent. In the event of a tie vote, the President's vote shall decide thematter.Responsibilities of the President of the Assembly9.1.30 The President shall represent the Assembly; and9.1.31 The President shall preside at meetings of the Assembly, call itssessions to order, and perform other tasks prescribed by the rules ofprocedure of the Assembly. Decision-Making Procedures9.1.32 A majority of the members of the Assembly shall constitute aquorum. The Assembly may initiate and conduct its proceedings when atleast one-third of the members are present provided that, for the takingof decisions, the quorum requirement shall be satisfied.9.1.33 Decisions of the Assembly shall be adopted by a majority of themembers of the Assembly present and voting, unless otherwise explicitlyprovided herein.Procedure for Adopting Laws9.1.34 One or more members of the Assembly or the Government shallpresent the draft law to the Assembly for a first reading.9.1.35 The draft law shall be considered by the relevant main andfunctional committees, which may propose amendments where appropriate.9.1.36 The Assembly shall in the second reading consider the draft lawtogether with any amendments proposed by the committee(s) or by individualor groups of members of the Assembly or by the Government.9.1.37 At the end of the second reading, the Assembly shall vote on theproposed amendments and thereafter on the draft law as a whole. The draftlaw shall be approved if it receives the majority of the votes of thosepresent and voting.9.1.38 The Assembly may decide to submit a draft law that failed toreceive the necessary votes in the second reading for a third readingtogether with any further amendments that have been approved. The draftlaw shall be approved if it receives the majority of the votes of thosepresent and voting.9.1.39 Within 48 hours from the approval of a law by the Assemblypursuant to paragraphs 9.1.37 or 9.1.38 above, any member of theAssembly, supported by five additional members, may submit a motion to thePresidency claiming that the law or certain of its provisions violatevital interests of the Community to which he belongs. The motion shall setout a reasoned explanation of the claimed violation. A motion may be madeon the grounds that the law or provisions discriminate against aCommunity, adversely affect the rights of the Community or its membersunder Chapters 3 or 4, or otherwise seriously interfere with the abilityof the Community to preserve, protect or express its ethnic, cultural,religious or linguistic identity.9.1.40 The Presidency shall request the sponsors of the law orprovisions to provide within three days reasoned arguments in reply. Atthe same time, the Presidency shall request each of the two sides todesignate a representative to serve on the special panel provided for inparagraph9.1.41. The Presidency shall attempt to submit, within five daysfollowing receipt of the reply, a consensus proposal to the Assembly.9.1.41 If the Presidency fails to submit such a consensus proposalwithin the five-day period, a special three-member Panel consisting ofrepresentatives of the two sides and one member, who shall preside,designated by the SRSG shall automatically be seized of the matter. ThePanel shall within five days issue a decision recommending that theAssembly reject the motion, that the Assembly reject the law or provisionsat issue, or that the Assembly adopt the law with amendments that thePanel shall propose. The Panel shall take its decisions by a majority ofits members.9.1.42 The Assembly shall decide whether to accept the consensusproposal of the Presidency, if such a proposal is submitted, or therecommendation of the Panel. No amendments other than those proposedpursuant to paragraphs 9.1.40 or 9.1.41 above may be introduced at thisstage. If the Assembly rejects the consensus proposal of the Presidency orthe recommendation of the Panel, or accepts a consensus proposal orrecommendation for the rejection of the motion, the law as previouslyapproved by the Assembly shall stand.9.1.43 If no motion is submitted within the 48-hour period specified inparagraph 9.1.39 above, or following approval of a law pursuant toparagraph 9.1.42 above, the law shall be considered adopted.9.1.44 The President shall sign each law adopted by the Assembly andforward it to the SRSG for promulgation. 9.1.45 Laws shall becomeeffective on the day of their promulgation by the SRSG, unless otherwisespecified.Other ProceduresRemoval from Office9.1.46 A member of the Assembly who has been convicted of a criminaloffence and sentenced to serve a prison term of six months or more shallcease to be a member.9.1.47 If a member of the Assembly fails throughout a period of sixconsecutive months to attend any session of the Assembly or theCommittee(s) of which he is a member, he shall, unless the failure was dueto a reason approved by the Assembly; cease to be a member.Vacancies9.1.48 Vacancies in the Assembly shall be filled in accordance with theUNMIK legislation governing the Kosova-wide elections.Languages of the Assembly9.1.49 Meetings of the Assembly and its Committees shall be conducted inboth the Albanian and Serbian languages. All official documents of theAssembly shall be printed in both the Albanian arid Serbian languages. TheAssembly shall endeavour to make official documents which concern aspecific Community available in the language of that Community.9.1.50 Assembly members from Communities other than the Kosova Albanianand Kosova Serb Communities shall be permitted to address the Assembly orits Committees in their own language and to submit documents forconsideration by the Assembly in their own language. In such cases,interpretation or translation into the Albanian and Serbian languagesshall be provided for the other members of the Assembly or Committee.9.1.51 All promulgated laws shall be published in the Albanian, Serbian,Bosnian, English and Turkish languages.Section 2: The President of Kosova9.2.1 The President of Kosova shall represent the unity of the people andguarantee the democratic functioning of the Provisional Institutions ofSelf-Government.9.2.2 The President of Kosova shall, in coordination with the SRSG,represent Kosova and exercise his rights and duties in accordance with theprovisions of this Constitutional Framework and the applicable law.9.2.3 The mandate of the President of Kosova shall be three years.9.2.4 The President of Kosova shall exercise the following duties inaccordance with this Constitutional Framework and the applicable law: (a)In coordination with the SRSG, take action in the field of externalrelations; (b) Following consultations with the political parties presentin the Assembly, propose to the Assembly the Prime Minister; (c)Communicate to the SRSG a request of the Assembly to dissolve theAssembly, in accordance with paragraph 8.1(b); (d) Present a report to theAssembly on the general state of affairs in Kosova at least once a year;and (e) Present awards and express gratitude.9.2.5 If the President of Kosova becomes temporarily unable to perform hisduties, the functions of the President of Kosova shall be exercised by thePresident of the Assembly.9.2.6 The President of Kosova shall enjoy immunity with respect to actsperformed in exercising his functions.9.2.7 The President of Kosova shall not hold any other office oremployment.9.2.8 The President of Kosova shall be elected by the Assembly by secretballot. A nomination for the post of President of Kosova shall require thesupport of the party having the largest number of seats in the Assembly orof at least 25 members. The Assembly shall elect the President of Kosovaby a two-thirds majority of the members of the Assembly. If after twoballots a two-thirds majority is not obtained, in the following ballots amajority of the votes of all members of the Assembly shall be required forelection.9.2.9 The term of office of the President of Kosova shall end upon:(a) The completion of his mandate;(b) His death;(c) His resignation; or(d) His dismissal from office by means of the votes of a two-thirdsmajority of all the members of the Assembly.Section 3: The GovernmentResponsibilities of the Government9.3.1 The Government shall exercise the executive authority and shallimplement Assembly laws and other laws within the scope ofresponsibilities of the Provisional Institutions of S elf-Governmentestablished by this Constitutional Framework. - -9.3.2 The Government may propose draft laws to the Assembly at its owninitiative and shall do so at the request of the Assembly.Ministries and Executive Agencies9.3.3 There shall be established ministries and other executive agenciesas are necessary to carry out functions within the competence of theGovernment.Composition of the Government9.3.4 The Government shall consist of the Prime Minister and Ministers.9.3.5 At all times, at least two Ministers shall be from Communitiesother than the Community having a majority representation in theAssembly.(a) At least one of these Ministers shall be from the Kosova SerbCommunity and one from another Community.(b) In the event that there are more than twelve Ministers, a thirdMinister shall be from a non-majority Community.(c) The selection of these Ministers and their responsibilities shall bedetermined after consultation with parties, coalitions or groupsrepresenting non-majority Communities.9.3.6 The Prime Minister and Ministers may be members of the Assembly, orqualified persons from outside the membership of the Assembly. Ministersfrom Communities, other than the one having the majority among the membersof the Assembly, shall, if appointed from outside the Assembly, requirethe formal endorsement of the members of the Assembly from the Communityconcerned.Outside Activities of the Ministers9.3.7 The Prime Minister and Ministers may not hold other public office orother employment on a full-time basis, nor exercise any activity on apart-time basis incompatible with their office, while exercising theirresponsibilities. Election of the Prime Minister and Ministers9.3.8 Following Assembly elections, or if the Prime Minster resigns or hisoffice becomes vacant for another reason, the President of Kosova shall,following consultations with the parties, coalitions or groups representedin the Assembly, propose to the Assembly a candidate for Prime Minister.The proposed candidate shall present a list of proposed Ministers to theAssembly. The Prime Minister shall be elected together with the Ministersby a majority of the members of the Assembly.9.3.9 If the proposed candidate does not obtain the required majority, thePresident of Kosova shall propose within ten days a new candidate forPrime Minister. The new candidate, together with the list of ministersproposed by him, shall be elected by a majority of the members of theAssembly.Motion of No-Confidence9.3.10 The Assembly may express its lack of confidence in the Governmentonly if, by a majority of its members, it elects simultaneously a newPrime Minister together with a list of Ministers proposed by him.9.3.11 The term of office of the outgoing Government shall end with theelection of the new Prime Minister and Ministers.Changes in the Composition of the Government9.3.12 Following his election, the Prime Minister may replace anyMinister without the consent of the Assembly.9.3.13 Upon the resignation of the Prime Minister, the entire Governmentshall resign. The Government shall continue in a caretaker capacity untilthe election of a new Prime Minister.Procedures within the Government9.3.14 The Prime Minister shall call and chair meetings of theGovernment and propose the agenda for these meetings. He shall representthe Government as appropriate, define the general lines of policy of theGovernment, and coordinate its work.9.3.15 Each Minister shall be responsible for implementing the policy ofthe Government within his area of responsibility.9.3.16 The Government shall endeavor to reach its decisions byconsensus. If a vote is necessary, decisions shall be taken by amajority of the Ministers present and voting. The Prime Minister shallcast the deciding vote in the event Ministers are divided equally. TheGovernment shall otherwise decide its own rules of procedure.Languages of the Government9.3.17 Meetings of the Government and its bodies shall be conducted inboth the Albanian and Serbian languages. All official documents of theGovernment shall be printed in both the Albanian and Serbian languages.9.3.18 Members of the Government from Communities other than the KosovaAlbanian and Kosova Serb Communities shall be permitted to use their ownlanguage. Immunities9.3.19 All members of the Government shall be immune from all civil andcriminal proceedings with regard to words spoken or other acts performedin their capacity as members of the Government. Such immunity shall notcover acts that are clearly conducive to inter-Community violence.Section 4: The Judicial SystemAdministration of Justice9.4.1 The courts are responsible for the administration of justice inKosova in accordance with the applicable law.9.4.2 Each person claiming to have been directly and adversely affected bya decision of the Government or an executive agency under theresponsibility of the Government shall have the right to judicial reviewof the legality of that decision after exhausting all avenues foradministrative review.9.4.3 Each person shall be entitled to have all issues relating to hisrights and obligations and to have any criminal charges laid against himdecided within a reasonable time by an independent and impartial court.The Court Structure9.4.4 There shall be the Supreme Court of Kosova, District Courts,Municipal Courts and Minor Offense Courts.Court Proceedings9.4.5 Unless otherwise specified in the applicable law, all Kosovacourts shall hold proceedings in public.Judges and Prosecutors9.4.6 Judges shall be independent and impartial. They shall not hold anyother public office.9.4.7 Judges of all courts of Kosova shall be distinguished jurists of thehighest moral character, with adequate qualifications. The membership ofthe judiciary shall reflect the diversity of the people of Kosova.International judges and prosecutors shall serve within the judicialsystem according to rules established by the SRSG.9.4.8 Judges and Prosecutors shall be appointed by the SRSG from lists ofcandidates proposed by the Judicial and Prosecutorial Advisory Council andendorsed by the Assembly. Decisions on the promotion, transfer anddismissal of judges and prosecutors shall be taken by the SRSG on thebasis of recommendations by the Judicial and Prosecutorial AdvisoryCouncil and exceptionally on his own initiative.Office of the Public Prosecutor9.4.9 There shall be an Office of the Public Prosecutor for Kosova, aswell as offices of district and municipal prosecutors.9.4.10 The Office of the Public Prosecutor as well as the offices of thedistrict and municipal prosecutors shall exercise its functions inaccordance with the applicable law.Special Chamber of the Supreme Court on Constitutional Framework Matters9.4.11 A Special Chamber of the Supreme Court shall decide:(a) At the request of the President of Kosova, any member of thePresidency of the Assembly, any Assembly Committee, no fewer than fivemembers of the Assembly, or the Government, whether any law adopted by theAssembly is incompatible with this Constitutional Framework, including theinternational legal instruments specified in Chapter 3 on Human Rights;(b) In the event of disputes between or among Provisional Institutions ofSelf-Government, or between a Provisional Institution of Self-Governmentand an Assembly Committee, one or more members of the Presidency of theAssembly, or one or more members of the Assembly on the extent of theirrights and obligations under this Constitutional Framework; (c) At therequest of any independent body or office referred to in Chapters 10 and11, whether a decision of a Provisional Institution of elf-Governmentinfringes upon the independence and responsibilities of the relevantindependent body or office; and (d) At the request of the Office of thePublic Prosecutor, whether an act by a member of the Assembly, a member ofthe Government or the President of Kosova constitutes an official act andas such is overed by immunity under this Constitutional Framework.Chapter 10Ombudsperson10.1 Natural and legal persons in Kosova shall have the right, withoutthreat of reprisal, to make complaints to an independent Office oncerninghuman rights violations or actions constituting abuse of authority by anypublic authority in Kosova.10.2 The Office, in accordance with UNMIK legislation in force, shall havejurisdiction to receive and investigate complaints, monitor, takepreventive steps, make recommendations and advise on any such matters.10.3 The Ombudsperson shall give particular priority to allegations ofespecially severe or systematic violations, allegations founded ondiscrimination, including discrimination against Communities and theirmembers, and allegations of violations of rights of Communities and theirmembers.Chapter 11Independent Bodies and Offices11.1 The following bodies and offices shall carry out their functionsindependently of the Provisional Institutions of Self-Government: (a)Central Election Commission; (b) Kosova Judicial and ProsecutorialCouncil; (c) Office of the Auditor-General; (d) Banking and PaymentsAuthority of Kosova; (e) Independent Media Commission; (f) The Board ofthe Public Broadcaster; and (g) Housing and Property Directorate andHousing Claims Commission.11.2 The bodies and offices specified above, and such other independentbodies and offices as may be established by law, shall have the powers,obligations, and composition specified in the legal instruments by whichthey are established.Chapter 12Authority of the SRSGThe exercise of the responsibilities of the Provisional Institutions ofSelf-Government under this Constitutional Framework shall not affect ordiminish the authority of the SRSG to ensure full implementation of UNSCR1244(1999), including overseeing the Provisional Institutions ofSelf-Government, its officials and its agencies, and taking appropriatemeasures whenever their actions are inconsistent with (JNSCR 1244 (1999)or this Constitutional Framework.Chapter 13Authority of KFORNothing in this Constitutional Framework shall affect the authority of theInternational Security Presence (KFOR) to fulfill all aspects of itsmandate under UNSCR 1244 (1999) and the Military Technical Agreement(Kumanovo Agreement).Chapter 14Final Provisions14.1 In case of conflict between this Constitutional Framework and any lawof the Assembly, this Constitutional Framework shall prevail.14.2 The SRSG shall take the necessary measures to facilitate thetransfer of powers and responsibilities to the Provisional Institutions ofSelf-Government.14.3 The SRSG, on his own initiative or upon a request supported bytwo-thirds of the members of the Assembly, may effect amendments to thisConstitutional Framework.14.4 The English, Albanian and Serbian language versions of thisConstitutional Framework are equally authentic. In case of conflict, theEnglish language version shall prevail. This Constitutional Frameworkshall also be published in the Bosnian and Turkish languages.14.5 This Constitutional Framework shall enter into force uponpromulgation by the SRSG.Hans Haekkerup Special Representative of the Secretary-General