KosovoTwitNews

Kosovo constitutional court says gov't officials have no immunity

2011-09-20T09:18:00.000-07:00

During the Session held on 20 September 2011 the Constitutional Court of the Republic of Kosovo deliberated and voted in the Case KO 98/11, "The Referral of the Government of the Republic of Kosovo concerning the immunities of the Deputies of Assembly of the Republic of Kosovo, the President of the Republic of Kosovo and members of the Government of the Republic of Kosovo.”

In this case, the Government submitted the Referral containing three separate issues related to the immunities of different state bodies, namely- the deputies of the Assembly, the President of the Republic and the members of the Government. The Government considers that there is necessity to interpret and clarify the questions of immunities because this issue has a direct impact on the democratic functioning of the institutions of the Republic of Kosovo, pursuant to the Constitution.

The Constitutional Court as the final authority for the interpretation of the Constitution unanimously decided that:

I. The Referral is admissible;

II. In accordance with Article 75(1), Article 89 and Article 98 of the Constitution, the deputies of the Assembly, the President of the Republic and the members of the Government enjoy functional immunity for actions taken or decisions made within the scope of their respective responsibility. Accordingly, deputies of the Assembly, the President of the Republic and the members of the Government are non-liable in judicial proceedings of any nature over the opinions expressed, votes cast or decisions taken within the scope of their responsibility. This type of immunity is of unlimited duration.

A. Concerning the immunity of the deputies of the Assembly
III. Acting outside the scope of their responsibilities:

1. Deputies are not immune from criminal prosecution for actions taken or decisions made outside the scope of their responsibilities. This is applicable both with regard to prosecution for criminal acts allegedly committed prior to the beginning of their mandate and during the course of their mandate as deputies;

2. Deputies are not immune from civil lawsuit for actions taken and decisions made outside the scope of their responsibilities;

3. Deputies of the Assembly cannot be dismissed other then for reasons set out in Article 70 of the Constitution.

IV. Arrest or other detention of a deputy:

1. A deputy may be arrested or detained while performing his/ her duties, that is, at plenary meetings of the Assembly and/or of its committees, following a decision of the Assembly.

2. A deputy may be arrested or detained while not performing his/her duties, that is, when there are no plenary meetings of the Assembly or meetings of its committees without a decision of the Assembly.

3. A deputy may be arrested or detained when caught committing (in flagrante) a serious offence that is punishable with five (5) or more years of imprisonment without a decision of the Assembly.

4. A deputy may be arrested or detained when his/her mandate ends arising from a conviction and sentence to one or more years of imprisonment by a final court decision of committing a crime.

V. “While performing his/her duties” means the work of the Assembly during its plenary and committee meetings.

VI. Any prosecutorial body/institution that is performing the prosecution of persons charged with committing criminal acts as described by Article 109 of the Constitution and that acts within the jurisdiction prescribed by the applicable law for the Republic of Kosovo have the right to request the Assembly to waive the immunity of a deputy. This body/institution is authorised to arrest or detain without a decision of the Assembly while the deputy is not performing his/her duties that is, when there is no plenary meeting of the Assembly or of its committees.

B. Concerning the immunity of the President of the Republic
VII. Acting outside the scope of his/her respective responsibility:

1. The President is not immune from prosecution for actions taken and decisions made outside the scope of his/her responsibility. A prosecution may be initiated and performed against a President for a serious crime.

2. The President is not immune from civil lawsuit for actions taken and decisions made outside the scope of his/her responsibilities.

3. The President may be dismissed by the Assembly in accordance with Article 91 of the Constitution.

4. The President cannot be subject to arrest or detention, during his/her term of office, because of the nature of the functions of the President which require his/her permanent availability to perform them.

C. Concerning the immunity of the members of the Government
VII. The members of the Government do not have any special protection for their actions taken and decisions made outside the scope of their responsibility.

The full text of the Judgment shall be notified to the Parties and shall be published in the Official Gazette in due course.

The Judgement will be effective from the date of official publication.

Source:http://www.gjk-ks.org/?cid=1,28,246

Egypt's Revolutionary Council recognizes independence of Kosovo

2011-09-20T07:32:00.000-07:00

Secretariat of the Revolutionary Council of Egypt, during a press statement, announced that the Council and the people of Egypt recognize Kosovo's independence; although this recognition does not come out officially by the Interim Government in Egypt.

"The decision on Kosovo's independence has been embedded in our hearts even before this announcement, and we as free people of Egypt do recognize Kosovo as independent state even if this recognition is not officially out of the current interim government", the statement added.

The statement mentioned the visit of Minister of Foreign Affairs of the Republic of Kosovo, Enver Hoxhaj in Egypt. "Hoxhaj Minister visit to Tahrir Square was the most powerful message of freedom", said the Council.

The statement noted that the revolutionaries of Egypt, as aspiring to be the first to announce the official recognition of Kosovo's independence, also aspire to consolidate the relations with the Kosovar people, wishing progress and prosperity for both nations.

UN Chief: Ahtisaari Plan best solution for Serbs in Kosovo

2011-09-18T16:45:00.000-07:00

UN Secretary-General Ban Ki-Moon, in a long conversation with Kosovo President Atifete Jahjaga, assessed the achievements in Kosovo and the Kosovar state institutions.

He said it is important that the institutions of Kosovo and peacekeeping forces, KFOR and EULEX are closely cooperating in establishing peace in northern Kosovo.

"It is important to establish order and maintain stability in this part of Kosovo", said UN Secretary-General, adding that open issues between the parties "should be resolved through dialogue and that the Ahtisaari plan offers the best opportunities for the Serb community in Kosovo".

On her part, President Jahjaga evaluated as good and successful cooperation with the UN under secretary Ban Ki Moon.

She said the joint action of Kosovo Police, KFOR and EULEX to implement the customs seals in northern border checkpoints, which both neighboring states - Kosovo and Serbia agreed in Brussels, proves that the Republic of Kosovo state institutions are in close partnership with the international community.

"With the government's operational plan in the north, Kosovo is respecting international documents and its Constitution," said Kosovar President.

President of the Republic of Kosovo said she strongly opposes Kosovo partition or internal and territorial regulation. She said that former UN envoy's plan, Martti Ahtisaari Plan provides optimal self-government for the Serb community and the community has taken full responsibility in integrating and participating in local and central government.

Kosovo declared independence in 2008 in coordination with the international community based on Ahatisaari plan which offers broad municipal self-government for minority communities in Kosovo, especially for Kosovar Serbs.

83 UN member countries have recognized Kosovo's independence up to this date.

Gabon President confirms recognition of Kosovo

2011-09-15T22:04:00.000-07:00

Gabon's President, Ali Bongo Ondimba during a statement for Gabon's national state television channel confirms that Gabon has "recognized Kosovo as an independent and sovereign state."

"Kosovo's independence is irreversible and the Republic of Gabon has found mechanisms in accordance with international law to announce recognition of the Republic of Kosovo as an independent and sovereign state" said the Gabonese President.

Kosovo scores a major victory at UN

2011-09-15T19:42:00.000-07:00

Kosovo scored a major international diplomatic victory against Serbia at United Nations Security Council today.

Permanent UNSC members, France, UK and the US issued strong statements supporting Kosovo's territorial integrity and actions to establish customs with neighboring Serbia. The latter's actions [Serbia's] were strongly condemned.

Despite of Serbia's propaganda that Chinese allegedly are in line Serbia's stance in the past, today China's position at UNSC was very neutral while supporting the speech of UN official in Kosovo who condemned Serbia and its illegal and criminal parallel structures as a clear breach of UNSC Resolution 1244.

Russia remained Serbia's only staunch supporter at UNSC. Russian representative at UN admitted during the press conference that Serbia's and Russia's resolution did not find any support at UN Security Council.

Non-permanent members, notably, Germany, Nigeria [an influential African country that recently recognized Kosovo] and others issued strong support for Kosovo's democratic actions and diligence to establish law and order in the north of its sovereign territory in coordination with the international community and in accordance with international law and constitution of the republic.

United Nations recognizes Kosovo Customs and emphasizes that Kosovo is a single customs zone.

Kosovo government has closely worked and coordinated with UN, EU, NATO and Quint nations to re-establish customs in the last 2 border-checkpoints with neighboring Serbia. Kosovo has total of 6 border checkpoints with Serbia. Only 4 are fully operational.

Kosovo declared independence in 2008 in accordance with UNSC Resolution 1244. Last year, Kosovo scored a major international legal victory at ICJ. The International Court of Justice, UN's highest judicial body, issued a verdict confirming that Kosovo independence does not violate international law or UNSC Resolution 1244, emphasizing Kosovo's unique case and history.

Kosovo, a nascent state in the Balkans, has been recognized by 83 UN member countries so far. 13 more are preparing to announce recognition of Kosovo's independence in the coming weeks.

Official: 16 EU countries to block Serbia's EU membership candidate status

2011-09-13T01:27:00.000-07:00

At least 16 EU countries have vowed to block Serbia's candidate status for EU membership if the country continues to obstruct establishment of law and order starting with customs in its southern neighbor, Kosovo.

EU officials in Brussels, confirm that Serbia's statements objecting the rule of law in north Kosovo, is crystal clear that Serbia Government is directly involved in obstructing law and order in the north of Kosovo.

Establishing normal border customs and neighborly relations with your neighbors is pre-condition to win candidate status for membership in EU, the European Union official confirmed.

EU supports Kosovo Border Customs in north

2011-09-13T00:57:00.000-07:00

The Office of the High Representative for Foreign Affairs and Security Policy of the European Union (EU), its spokesperson Maja Kocijancic confirms EU's support "to establish Kosovo Customs as a necessity to fight crime and protect people."

After reaching the agreement on customs seals between Kosovar and Serbian teams in Brussels, EU officials no longer want to deal with the whims of Kosovo's northern neighbor Serbia, but simply view the issue as one of the areas where the rule of law must be established.

Earlier, KosovoTwitNews reported that EU has warned Serbia to not interfere in Kosovo's internal affairs and obstruct the establishment of Kosovo customs in the northern border checkpoints, law and order.

"In essence, this is now a matter of rule of law and should be treated as such. Kosovo is a single customs zone, this is very clear, as clear as is the fact that free trade is good for everyone, contraband and smuggling is for no one, "says the European official involved in the drafting of the plan.

"Discussions are continuing with the Kosovo authorities on how to implement the agreement on customs seals," says Maja Kocijancic and confirms once again that those details are being discussed.

Much the same thing also say the Government officials who spoke on condition of anonymity that the agreement has already been achieved, "while there are ongoing discussions for the joint operational plan with the international community."

Completion of all these discussions that started in Pristina and Brussels, can be ended in the late hours of Tuesday. According to a Western diplomat in Pristina, "is very likely that on Tuesday afternoon to agree on all details of the plan on how to proceed on September 16."

Earlier, the United States official emphasized the support for the Kosovo Government in establishing Customs Border Police in checkpoint 1 and 31, adding that it is coordinated with all international community.

US supports establishing Kosovo Border Customs in checkpoint 1 and 31

2011-09-12T23:21:00.000-07:00

The United States welcomes the agreement reached on September 2 between Kosovo and Serbia, and will also support the Government of Kosovo in extending its authority in building the law in the north as well as the establishment of the Kosovo Customs and Police officials in the border checkpoints in the context of the agreement reached in Brussels between both countries.

"The plan which was drafted by EU mission, EULEX, Government of Kosovo and NATO mission, KFOR, is the legitimate right of the Government to exercise its authority in the context of the agreement reached on September 2. Implementation now depends on the government and we support the decisions taken," added Ambassador Dell.

Previously, Kosovar media has reported the ongoing consultation with international community in deployment of Kosovo Customs and Border Police in checkpoint 31 and 1.

Kosovo Border Checkpoint 1 will be closed and under NATO military control since it was destroyed by Serb criminals in August. Kosovo Police and EULEX have issues several warrants and searching to apprehend the perpetrators.

Kosovo establishes Customs in border checkpoint 31 on September 16

2011-09-12T22:39:00.000-07:00

Kosovo government announced today they are to establish border customs in checkpoint 31 starting on September 16 in accordance with Constitution and agreement with EU, US, EULEX, KFOR and UN.

EU mission, EULEX has informed Serbia that Kosovo Customs Police will start operating in checkpoint 31 bordering with Serbia, start date noted as of September 16.

Also, EU diplomats in Brussels have warned Serbia that any reaction that will impede the process of functionality of the border checkpoints of Kosovo will halt Serbia's chances to receive candidate status this year.

Serbia has to establish border checkpoints on their side starting November, KosovoTwitNews learns. EU Commission is anticipated to send a monitoring delegation to inspect the work of border checkpoints before deciding whether Serbia receives candidate status.

Nigeria officially recognizes Kosovo

2011-09-12T22:19:00.000-07:00

Federal Republic of Nigeria officially recognizes Kosovo as an independent and sovereign state, informs the Government of the Republic of Kosovo.

In the recognition letter, the Nigerian government emphasizes the support and the need to further deepen bilateral diplomatic relations with Kosovo.

KosovoTwitNews

2011-09-12T22:18:00.001-07:00

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