CONSTITUTIONAL FRAMEWORK FOR PROVISIONAL
The Special Representative of the Secretary-General (SRSG),
Pursuant to the authority given to him under United Nations Security
Council Resolution 1244(1999) of 10 June 1999 (UNSCR 1244(1999));
Recalling that UNSCR 1244(1999) envisages the setting-up and
development of meaningful self-government in Kosovo pending a final
Acknowledging Kosovo's historical, legal and constitutional
development; and taking into consideration the legitimate aspirations
of the people of Kosovo to live in freedom, in peace, and in friendly
relations with other people in the region;
Emphasizing that, since its establishment, the United Nations Interim
Administration Mission in Kosovo (UNMIK) has supported and assisted
the people of Kosovo and has worked towards this aim by enabling them
to take responsibility gradually for the administration of Kosovo
through the establishment of the Joint Interim Administrative
Considering that, building on the efforts undertaken by UNMIK and on
the achievements of JIAS, including the valuable contribution by the
people of Kosovo, and with a view to the further development of
self-government in Kosovo, Provisional Institutions of Self-Government
in the legislative, executive and judicial fields shall be established
through the participation of the people of Kosovo in free and fair
Determining that, within the limits defined by UNSCR 1244(1999),
responsibilities will be transferred to Provisional Institutions of
Self-Government which shall work constructively towards ensuring
conditions for a peaceful and normal life for all inhabitants of
Kosovo, with a view to facilitating the determination of Kosovo's
future status through a process at an appropriate future stage which
shall, in accordance with UNSCR 1244(1999), take full account of all
relevant factors including the will of the people;
Considering that gradual transfer of responsibilities to Provisional
Institutions of Self-Government will, through parliamentary democracy,
enhance democratic governance and respect for the rule of law in
Endeavouring to promote economic prosperity in Kosovo and the welfare
of its people through the development of a market economy;
Affirming that the exercise of the responsibilities of the Provisional
Institutions of Self-Government in Kosovo shall not in any way affect
or diminish the ultimate authority of the SRSG for the implementation
of UNSCR 1244(1999);
Taking into account the Charter of the United Nations; the Universal
Declaration on Human Rights; the International Covenant on Civil and
Political Rights and the Protocols thereto; the Convention on the
Elimination of All Forms of Racial Discrimination; the Convention on
the Elimination of All Forms of Discrimination Against Women; the
Convention on the Rights of the Child; the European Convention for the
Protection of Human Rights and Fundamental Freedoms and the Protocols
thereto; the European Charter for Regional or Minority Languages; the
Council of Europe's Framework Convention for the Protection of
National Minorities; and other relevant principles reflected in
internationally recognized legal instruments;
Recognizing the need to fully protect and uphold the rights of all
Communities of Kosovo and their members;
Reaffirming the commitment to facilitating the safe return of refugees
and displaced persons to their homes and their exercise of the right
to recover their property and possessions, and the commitment to
creating conditions for freedom of movement for all persons;
Recognizing the importance of creating a free, open and safe
environment which facilitates the participation of all persons
including all members of Communities in the process of establishing
democratic institutions of self-government;
Hereby promulgates the following:
1.1 Kosovo is an entity under interim international administration
which, with its people, has unique historical, legal, cultural and
1.2 Kosovo is an undivided territory throughout which the Provisional
Institutions of Self-Government established by this Constitutional
Framework for Provisional Self-Government (Constitutional Framework)
shall exercise their responsibilities.
1.3 Kosovo is composed of municipalities, which are the basic
territorial units of local self-government with responsibilities as
set forth in UNMIK legislation in force on local self-government and
municipalities in Kosovo.
1.4 Kosovo shall be governed democratically through legislative,
executive, and judicial bodies and institutions in accordance with
this Constitutional Framework and UNSCR 1244(1999).
1.5 The Provisional Institutions of Self-Government are:
(b) President of Kosovo;
(d) Courts; and
(e) Other bodies and institutions set forth in this Constitutional
1.6 The seat of the Provisional Institutions of Self-Government is
1.7 The Provisional Institutions of Self-Government shall use only
such symbols as are or as may be set forth in UNMIK legislation.
Principles to be Observed by
the Provisional Institutions of Self-Government
The Provisional Institutions of Self-Government and their officials
(a) Exercise their authorities consistent with the provisions of UNSCR
1244(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 the principle of the division of powers
between the legislature, the executive and the judiciary.
3.1 All persons in Kosovo shall enjoy, without discrimination on any
ground and in full equality, human rights and fundamental freedoms.
3.2 The Provisional Institutions of Self-Government shall observe and
ensure internationally recognized human rights and fundamental
freedoms, including those rights and freedoms set forth in:
(a) The Universal Declaration on Human Rights;
(b) The European Convention for the Protection of Human Rights and
Fundamental Freedoms and its Protocols;
(c) The International Covenant on Civil and Political Rights and the
(d) The Convention on the Elimination of All Forms of Racial
(e) The Convention on the Elimination of All Forms of Discrimination
(f) The Convention on the Rights of the Child;
(g) The European Charter for Regional or Minority Languages; and
(h) The Council of Europe's Framework Convention for the Protection of
3.3 The provisions on rights and freedoms set forth in these
instruments shall be directly applicable in Kosovo as part of this
3.4 All refugees and displaced persons from Kosovo shall have the
right to return to their homes, and to recover their property and
personal possessions. The competent institutions and organs in Kosovo
shall take all measures necessary to facilitate the safe return of
refugees and displaced persons to Kosovo, and shall cooperate fully
with all efforts by the United Nations High Commissioner for Refugees
and other international and non-governmental organizations concerning
the return of refugees and displaced persons.
Rights of Communities
and Their Members
4.1 Communities of inhabitants belonging to the same ethnic or
religious or linguistic group (Communities) shall have the rights set
forth in this Chapter 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 shall result from an individual's exercise of the right
to declare or not declare himself a member of a Community.
4.3 The Provisional Institutions of Self-Government shall be guided in
their policy and practice by the need to promote coexistence and
support reconciliation between Communities and to create appropriate
conditions enabling Communities to preserve, protect and develop their
identities. The Institutions also shall promote the preservation of
Kosovo's cultural heritage of all Communities without discrimination.
Rights of Communities and Their Members
4.4 Communities and their members shall have the right to:
(a) Use their language and alphabets freely, including before the
courts, agencies, and other public bodies in Kosovo;
(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 at all levels and with respect to access to public services at
(e) Enjoy unhindered contacts among themselves and with members of
their respective Communities within and outside of Kosovo;
(f) Use and display Community symbols, subject to the law;
(g) Establish associations to promote the interests of their
(h) Enjoy unhindered contacts with, and participate in, local,
regional and international non-governmental organizations in
accordance with the procedures of such organizations;
Provide information in the language and alphabet of their Community,
including by establishing and maintaining their own media;
(j) Provide for education and establish educational institutions, in
particular for schooling in their own language and alphabet and in
Community culture and history, for which financial assistance may be
provided, including from public funds in accordance with applicable
law; provided that, curricula shall respect the applicable law and
shall reflect a spirit of tolerance among Communities and respect for
human rights and the cultural traditions of all Communities;
(k) Promote respect for Community traditions;
(l) Preserve sites of religious, historical, or cultural importance to
the Community, in cooperation with relevant public authorities;
(m) Receive and provide public health and social services, on a
non-discriminatory basis, in accordance with applicable standards;
(n) Operate religious institutions;
(o) Be guaranteed access to, and representation in, public broadcast
media, as well as programming in relevant languages; and
(p) Finance their activities by collecting voluntary contributions
from their members or from organizations outside Kosovo, or by
receiving such funding as may be provided by the Provisional
Institutions of Self-Government or by local public authorities, so
long as such financing is conducted in a fully transparent manner.
Protection of Rights of Communities and Their Members
4.5 The Provisional Institutions of Self-Government shall ensure that
all Communities and their members may exercise the rights specified
above. The Provisional Institutions also shall ensure fair
representation of Communities in employment in public bodies at all
4.6 Based on his direct responsibilities under UNSCR 1244(1999) to
protect and promote human rights and to support peace-building
activities, the SRSG will retain the authority to intervene as
necessary in the exercise of self-government for the purpose of
protecting the rights of Communities and their members.
Responsibilities of the
Provisional Institutions of Self-Government
5.1 The Provisional Institutions of Self-Government shall have
responsibilities 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;
(j) Labour and social welfare;
(k) Family, gender and minors;
(l) Transport, post, telecommunications and information technologies;
(m) Public administration services;
(n) Agriculture, forestry and rural development;
(p) Spatial planning;
(r) Good governance, human rights and equal opportunity; and
(s) Non-resident affairs.
5.2 The Provisional Institutions of Self-Government shall also have
the following responsibilities in the field of local administration:
(a) Supporting inter-municipal cooperation;
(b) Promoting the development of a professional municipal civil
(c) Assisting the municipalities in the development of their own
budgets and financial management systems;
(d) Monitoring the quality of municipal services;
(e) Identifying ways and means for training activities for the
(f) Assisting the municipalities 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-governmental organizations pertaining to municipalities; and
Overseeing compliance with responsibilities and powers delegated to
municipalities based on the organizational structures that emerged
from the municipal elections in October 2000, as well as
responsibilities and powers transferred in the meantime. It is
understood that additional powers will be progressively transferred in
an orderly manner.
5.3 The Provisional Institutions of Self-Government shall also have
the following responsibilities in the field of judicial affairs:
(a) Making decisions regarding the appointment of judges and
(b) Exercising responsibilities regarding the organization and proper
functioning of the courts, within existing court structures;
(c) The provision, development and maintenance of court and
(d) The provision of technical and financial requirements, support
personnel and material resources to ensure the effective functioning
of the judicial and prosecutorial systems;
(e) The training, including professional and vocational training, of
judicial personnel in cooperation with the Organisation for Security
and Cooperation in Europe (OSCE);
(f) The organization of examinations for qualification of judges,
prosecutors, lawyers and other legal professionals through an
independent professional body;
(g) The appointment, training, disciplining and dismissing of members
of judicial support staff;
(h) Ensuring coordination on matters pertaining to the judicial system
and the correctional service;
Co-operating with appropriate organizations in respect of independent
monitoring of the judicial system and the correctional service;
(j) Providing information and statistics on the judicial system and
the correctional service, as appropriate;
(k) Protecting personal data relating to the judicial system and
(l) Ensuring cooperation in judicial and correctional matters with
appropriate entities inside Kosovo; and
(m) Assisting in the recruitment, training and evaluation of personnel
for the correctional service.
5.4 The Provisional Institutions of Self-Government shall also have
the following responsibilities in the field of mass media:
(a) Adopting laws and enforcement mechanisms in accordance with
international human rights and freedom of expression standards as
contained in Articles 19 and 29 of the Universal Declaration of Human
Rights and the European Convention for the Protection of Human Rights
and Fundamental Freedoms and its Protocols to prevent defamation or
hate speech in the Kosovo systems of mass media;
(b) Regulating broadcast media consistent with these international
legal constraints and the best European practices through an
independent media commission, whose members will be appointed by the
Provisional Institutions of Self-Government from nominations submitted
by non-governmental and non-political organizations in Kosovo; these
members will include both genders and will reflect the ethnic and
regional diversity of Kosovo society;
(c) Guaranteeing the editorial independence of the public broadcaster
by safeguarding the independence of its Board, whose members will be
appointed by the Provisional Institutions of Self-Government from
nominations submitted by non-governmental and non-political
organizations in Kosovo; these members will include both genders and
will reflect the ethnic and regional diversity of Kosovo society; and
(d) Establishing an office or offices of public information to present
the Institutions' deliberations and decisions to the international and
5.5 The Provisional Institutions of Self-Government shall also have
the following responsibilities in the field of emergency preparedness:
(a) Developing and implementing a strategy for emergency planning and
civil protection services; and
(b) Directing and coordinating fire and rescue services in close
cooperation with the municipalities.
5.6 The Provisional Institutions of Self-Government shall also have
the following responsibilities in the field of external relations:
International and external cooperation, including the reaching and
finalising of agreements. Such activities shall be coordinated with
5.7 The Provisional Institutions of Self-Government shall be
responsible for aligning their legislation and practices in all areas
of responsibility with relevant European and international standards
and norms, with a particular view to facilitating closer economic,
social and other ties between the people of Kosovo and other
Europeans, and in awareness that respect for such standards and norms
will be central for the development of relations with the
5.8 The Provisional Institutions of Self-Government shall have such
other responsibilities as are specified herein or in other legal
Law and Order
Maintenance of law and order is of fundamental importance for all the
people of Kosovo. The Kosovo Police Service, which functions under the
authority of the SRSG and under the supervision of UNMIK Police,
contributes significantly to achieving this objective through its
supporting role in crime prevention and public protection and safety.
With the support of the international community, the capacity of the
Kosovo Police Service in crime prevention, criminal information
gathering, criminal investigation and fighting against criminality is
being enhanced. This will make it possible for the Kosovo Police
Service to gradually assume additional responsibilities for the
maintenance of law and order.
The Kosovo Protection Corps is a civilian emergency organisation,
established under the law, which carries out in Kosovo rapid disaster
response tasks for public safety in times of emergency and
Responsibilities Reserved to the SRSG
8.1 The powers and responsibilities of the Provisional Institutions of
Self-Government shall not include certain reserved powers and
responsibilities, which will remain exclusively in the hands of the
SRSG. These reserved powers shall include:
(a) Full authority to ensure that the rights and interests of
Communities are fully protected;
(b) Dissolving the assembly and calling for new elections in
circumstances where the Provisional Institutions of Self-Government
are deemed to act in a manner which is not in conformity with UNSCR
1244(1999), or in the exercise of the SRSG's responsibilities under
that Resolution. The SRSG shall exercise this power after consultation
with the President of Kosovo. The Assembly may, by a decision
supported by two-thirds of its members, request the SRSG to dissolve
the Assembly. Such a request shall be communicated to the SRSG by the
President of Kosovo;
(c) Final authority to set the financial and policy parameters for,
and to approve, the Kosovo Consolidated Budget, acting on the advice
of the Economic and Fiscal Council;
(d) Monetary policy;
(e) Establishing arrangements for the independent external audit of
the Kosovo Consolidated Budget;
(f) Exercising control and authority over the UNMIK Customs Service;
(g) Exercising final authority regarding the appointment, removal from
office and disciplining of judges and prosecutors;
(h) Deciding upon requests regarding the assignment of international
judges and prosecutors, as well as change of venue, in accordance with
the relevant UNMIK legislation in force;
Exercising powers and responsibilities of an international nature in
the legal field;
(j) Exercising authority over law enforcement institutions and the
correctional service, both of which include and are supported by local
(k) Exercising control and authority over the Kosovo Protection Corps;
(l) Exercising control and authority over the management of the
administration and financing of civil security and emergency
preparedness. Responsibility shall be gradually assumed by the
Provisional Institutions of Self-Government;
(m) Concluding agreements with states and international organizations
in all matters within the scope of UNSCR 1244 (1999);
(n) Overseeing the fulfilment of commitments in international
agreements entered into on behalf of UNMIK;
(o) External relations, including with states and international
organisations, as may be necessary for the implementation of his
mandate. In exercising his responsibilities for external relations,
the SRSG will consult and co-operate with the Provisional Institutions
of Self-Government with respect to matters of concern to the
(p) Control over cross-border/boundary transit of goods (including
animals). The Provisional Institutions of Self-Government shall
co-operate in this regard;
(q) Authority to administer public, state and socially-owned property
in accordance with the relevant UNMIK legislation in force, in
cooperation with the Provisional Institutions of Self-Government;
(r) Regulation of public and socially-owned enterprises after having
consulted the Economic and Fiscal Council and the Provisional
Institutions of Self-Government;
(s) Administrative control and authority over railways, frequency
management and civil aviation functions. Certain administrative
functions shall be carried out by the Provisional Institutions of
Self-Government and the relevant independent regulatory bodies;
(t) Control and authority over the Housing and Property Directorate,
including the Housing Claims Commission;
(u) Defining the jurisdiction and competence for the resolution of
commercial property disputes;
(v) Preserving the existing boundaries of municipalities;
(w) Responsibility to ensure that the system of local municipal
administration functions effectively based on internationally
recognized and accepted principles;
(x) Appointing the members of the Economic and Fiscal Council, the
Governing Board of the Banking and Payments Authority of Kosovo, the
chief executives of the Customs Service and Tax Inspectorate, and the
Auditor General; convening and presiding over the Economic and Fiscal
(y) Appointing international experts to the managing boards or
commissions of the public broadcaster, the independent media
regulatory body and other institutions involved in regulating the mass
media, with the proviso that the number of such SRSG nominations will
not constitute the majority of any such managing board or commission;
(z) Control and authority over the civil registry database, which
shall be maintained in cooperation with the Provisional Institutions
8.2 The SRSG shall coordinate closely with the International Security
Presence (KFOR) in:
(a) Conducting border monitoring duties;
(b) Regulating possession of firearms;
(c) Enforcing public safety and order; and
(d) Exercising functions that may be attributed to the domain of
defence, civil emergency and security preparedness.
Provisional Institutions of Self-Government
Section 1: The Assembly
9.1.1 The Assembly is the highest representative and legislative
Provisional Institution of Self-Government of Kosovo.
Composition of the Assembly
9.1.2 The Assembly shall have 120 members elected by secret ballot.
Election of the Assembly
9.1.3 Kosovo shall, for the purposes of election of the Assembly, be
considered a single, multi-member electoral district.
(a) One hundred (100) of 120 seats of the Assembly shall be
distributed amongst all parties, coalitions, citizens' initiatives,
and independent candidates in proportion to the number of valid votes
received by them in the election to the Assembly.
(b) Twenty (20) of the 120 seats shall be reserved for the additional
representation of non-Albanian Kosovo Communities as follows:
Ten (10) seats shall be allocated to parties, coalitions, citizens'
initiatives and independent candidates having declared themselves
representing the Kosovo Serb Community. These seats shall be
distributed to such parties, coalitions, citizens' initiatives and
independent candidates in proportion to the number of valid votes
received by them in the election to the Assembly; and
(ii) Ten (10) seats shall be allocated to other Communities as
follows: the Roma, Ashkali and Egyptian Communities four (4), the
Bosniak Community three (3), the Turkish Community two (2) and the
Gorani Community one (1). The seats for each such Community or group
of Communities shall be distributed to parties, coalitions, citizens'
initiatives and independent candidates having declared themselves
representing each such Community in proportion to the number of valid
votes received by them in the election to the Assembly.
(c) Each person having attained 18 years of age on the day of the
election and satisfying the other criteria of eligibility to vote as
applied to the municipal elections held in Kosovo on 28 October 2000
shall be entitled to vote.
(d) The rank order of the candidates on lists of parties, coalitions
and citizens' initiatives submitted for the purpose of election to the
Assembly shall be considered fixed.
(e) Geographical and gender requirements in respect of candidate lists
submitted by parties, coalitions and citizens' initiatives for the
purpose of the election to the Assembly may be specified by the SRSG
on the recommendation of the Central Election Commission.
Mandate and Eligibility
9.1.4 The term of the Assembly shall be three years, commencing on the
date of the inaugural session, which shall be convened within thirty
days after the certification of the election results.
9.1.5 Without prejudice to the competencies of the SRSG, at least
two-thirds of the members of the Assembly may request the SRSG to
dissolve the Assembly. Such a request shall be communicated to the
SRSG by the President of Kosovo.
9.1.6 A person who fulfils the voter eligibility requirements shall be
eligible to stand as a candidate in Assembly elections provided he is
(a) A member of the Central Election Commission, the Election
Complaints and Appeals sub-Commission, an Assembly Election
Commission, or a Polling Station Committee;
(b) A member of the Kosovo Protection Corps or of the Kosovo Police
(c) Serving as a judge or prosecutor;
(d) Serving a sentence imposed by the International Criminal Tribunal
for the Former Yugoslavia or under indictment by the Tribunal and has
failed to comply with an order to appear before the Tribunal; or
(e) Deprived of legal capacity by a final court decision.
Presidency of the Assembly
9.1.7 The Assembly shall have a Presidency consisting of seven
Assembly members who shall be selected as follows:
(a) Two members shall be appointed by the party or coalition having
obtained the highest number of votes in the Assembly elections;
(b) Two members shall be appointed by the party or coalition having
obtained the second highest number of votes in the Assembly elections;
(c) One member shall be appointed by the party or coalition having
obtained the third highest number of votes in the Assembly elections;
(d) One member shall be appointed from among the members of the
Assembly belonging to those parties having declared themselves
representative of the Kosovo Serb Community; and
(e) One member shall be appointed from among the members of the
Assembly belonging to parties having declared themselves
representative of a non-Kosovo Albanian and non-Kosovo Serb Community.
The method for appointing this latter member shall be determined by
members of the Assembly belonging to these same Communities.
9.1.8 The Assembly shall endorse these appointments by a formal vote.
President of the Assembly
9.1.9 A member of the Presidency from the party or coalition having
obtained the highest number of votes in the elections for the Assembly
shall be the President of the Assembly.
9.1.10 There shall be Main and Functional Committees of the Assembly
to review draft laws and make recommendations as appropriate.
9.1.11 The Budget Committee shall be composed of 12 members, allocated
proportionally among the parties and coalitions represented in the
Assembly. It shall have general competencies in budgetary and
financial matters. It shall also be responsible for ensuring that all
proposed laws having budgetary implications are accompanied by a
financial impact statement.
on Rights and Interests of Communities
9.1.12 The Committee on Rights and Interests of Communities shall be
composed of two members from each of Kosovo's Communities elected to
the Assembly. Communities represented by only one member in the
Assembly shall be represented by this member in the Committee.
9.1.13 At the request of any member of the Presidency of the Assembly,
any proposed law shall be submitted to the Committee on Rights and
Interests of Communities. The Committee, by a majority vote of its
members, shall decide whether to make recommendations regarding the
proposed law within the time limit specified below.
9.1.14 If the Committee on Rights and Interests of Communities decides
to take such action, it shall, within a period of two weeks from
receiving such a proposed law, make recommendations regarding the
proposed law with a view to ensuring that Community rights and
interests are adequately addressed and submit these recommendations to
the relevant Functional Committee or to the Assembly as appropriate.
9.1.15 The Committee may on its own initiative propose laws and such
other measures within the responsibilities of the Assembly as it deems
appropriate to address the concerns of Communities.
9.1.16 Each member of the Committee shall have the right to attach a
written opinion to any proposed law referred to or taken up by the
9.1.17 A matter may be referred to the Committee for an advisory
opinion by the Presidency of the Assembly, a Main or Functional
Committee or a group composed of ten or more members of the Assembly.
9.1.18 The Assembly may establish such Functional Committees as it
deems necessary and appropriate to carry out its responsibilities.
9.1.19 The Assembly shall decide on the number of members of each
functional committee. The membership of all Functional Committees
shall reflect the diversity of the membership of the Assembly.
9.1.20 If a party of coalition represented in the Assembly does not
have a seat on a given Functional Committee, it shall have the right
to send an Assembly member to all meetings of that Functional
Committee in an observer capacity.
Vice-Chairmen of Committees
9.1.21 The chairmanships of all the Committees of the Assembly shall
be distributed proportionally among the parties and coalitions
represented in the Assembly.
9.1.22 Committees shall have two Vice-Chairmen from different parties
or coalitions than that of the Chairman. At least one Vice-Chairman
shall be of a different Community than the Chairman.
9.1.23 Each member of the Assembly shall have an equal right and
obligation to participate fully in the proceedings of the Assembly.
This shall include, but not be limited to, the rights to initiate
draft laws and resolutions, to vote on all proposed decisions by the
Assembly, and to take part on an equal basis with other members in all
debates of the Assembly.
9.1.24 All members of the Assembly shall be immune from all civil and
criminal proceedings with regard to words spoken or other acts
performed in their capacity as members of the Assembly. Such immunity
shall not cover acts that are clearly conducive to inter-Community
9.1.25 All members of the Assembly shall receive salaries for their
participation in the work of the Assembly and its Committees.
Responsibilities of the
9.1.26 The Assembly shall have the following responsibilities:
(a) Adopting laws and resolutions in the areas of responsibility of
the Provisional Institutions of Self-Government as set out in Chapter
(b) Endorsing the Presidency of the Assembly;
(c) Electing the President of Kosovo;
(d) Endorsing or rejecting the Prime Minister candidate together with
the list of Ministers of the Government proposed by the Prime Minister
(e) Making decisions on other appointments as specified in this
(f) Considering and endorsing proposed international agreements within
the scope of its responsibilities;
(g) Deciding on motions of no-confidence in the Government;
(h) Instructing the Government to prepare draft laws;
Adopting the Rules of Procedure of the Assembly and its committees;
(j) Other responsibilities specified herein or in other legal
9.1.27 Laws, once promulgated, are binding legislative acts of a
general nature. Resolutions are non-binding declarations.
Responsibilities of the Presidency of the Assembly
9.1.28 The Presidency of the Assembly shall have the following
(a) Making recommendations to the Assembly on all organizational
matters of Assembly business, including the agenda;
(b) Maintaining appropriate external 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 by
consensus. When efforts to reach consensus have failed, except when
acting on motions under paragraph 9.1.40, it shall decide by majority
vote of those present and voting, provided that at least five members
are present. In the event of a tie vote, the President's vote shall
decide the matter.
Responsibilities of the President of the Assembly
9.1.30 The President shall represent the Assembly.
9.1.31 The President shall preside at meetings of the Assembly, call
its sessions to order, and perform other tasks prescribed by the rules
of procedure of the Assembly.
9.1.32 A majority of the members of the Assembly shall constitute a
quorum. The Assembly may initiate and conduct its proceedings when at
least one-third of the members are present provided that, for the
taking of decisions, the quorum requirement shall be satisfied.
9.1.33 Decisions of the Assembly shall be adopted by a majority of the
members of the Assembly present and voting, unless otherwise
explicitly provided herein.
Procedure for Adopting Laws
9.1.34 One or more members of the Assembly or the Government shall
present the draft law to the Assembly for a first reading.
9.1.35 The draft law shall be considered by the relevant main and
functional committees, which may propose amendments where appropriate.
9.1.36 The Assembly shall in the second reading consider the draft law
together with any amendments proposed by the committee(s) or by
individual or 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
the proposed amendments and thereafter on the draft law as a whole.
The draft law shall be approved if it receives the majority of the
votes of those present and voting.
9.1.38 The Assembly may decide to submit a draft law that failed to
receive the necessary votes in the second reading for a third reading
together with any further amendments that have been approved. The
draft law shall be approved if it receives the majority of the votes
of those present and voting.
9.1.39 Within 48 hours from the approval of a law by the Assembly
pursuant to paragraphs 9.1.37 or 9.1.38 above, any member of the
Assembly, supported by five additional members, may submit a motion to
the Presidency claiming that the law or certain of its provisions
violate vital interests of the Community to which he belongs. The
motion shall set out a reasoned explanation of the claimed violation.
A motion may be made on the grounds that the law or provisions
discriminate against a Community, adversely affect the rights of the
Community or its members under Chapters 3 or 4, or otherwise seriously
interfere with the ability of 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 or
provisions to provide within three days reasoned arguments in reply.
At the same time, the Presidency shall request each of the two sides
to designate a representative to serve on the special panel provided
for in paragraph 9.1.41. The Presidency shall attempt to submit,
within five days following receipt of the reply, a consensus proposal
to the Assembly.
9.1.41 If the Presidency fails to submit such a consensus proposal
within the five-day period, a special three-member Panel consisting of
representatives of the two sides and one member, who shall preside,
designated by the SRSG shall automatically be seized of the matter.
The Panel shall within five days issue a decision recommending that
the Assembly reject the motion, that the Assembly reject the law or
provisions at issue, or that the Assembly adopt the law with
amendments that the Panel shall propose. The Panel shall take its
decisions by a majority of its members.
9.1.42 The Assembly shall decide whether to accept the consensus
proposal of the Presidency, if such a proposal is submitted, or the
recommendation of the Panel. No amendments other than those proposed
pursuant to paragraphs 9.1.40 or 9.1.41 above may be introduced at
this stage. If the Assembly rejects the consensus proposal of the
Presidency or the recommendation of the Panel, or accepts a consensus
proposal or recommendation for the rejection of the motion, the law as
previously approved by the Assembly shall stand.
9.1.43 If no motion is submitted within the 48-hour period specified
in paragraph 9.1.39 above, or following approval of a law pursuant to
paragraph 9.1.42 above, the law shall be considered adopted.
9.1.44 The President shall sign each law adopted by the Assembly and
forward it to the SRSG for promulgation.
9.1.45 Laws shall become effective on the day of their promulgation by
the SRSG, unless otherwise specified.
9.1.46 A member of the Assembly who has been convicted of a criminal
offence and sentenced to serve a prison term of six months or more
shall cease to be a member.
9.1.47 If a member of the Assembly fails throughout a period of six
consecutive months to attend any session of the Assembly or the
Committee(s) of which he is a member, he shall, unless the failure was
due to a reason approved by the Assembly, cease to be a member.
9.1.48 Vacancies in the Assembly shall be filled in accordance with
the UNMIK legislation governing the Kosovo-wide elections.
Languages of the Assembly
9.1.49 Meetings of the Assembly and its Committees shall be conducted
in both the Albanian and Serbian languages. All official documents of
the Assembly shall be printed in both the Albanian and Serbian
languages. The Assembly shall endeavour to make official documents
which concern a specific Community available in the language of that
9.1.50 Assembly members from Communities other than the Kosovo
Albanian and Kosovo Serb Communities shall be permitted to address the
Assembly or its Committees in their own language and to submit
documents for consideration by the Assembly in their own language. In
such cases, interpretation or translation into the Albanian and
Serbian languages shall be provided for the other members of the
Assembly or Committee.
9.1.51 All promulgated laws shall be published in the Albanian,
Bosniak, English, Serbian and Turkish languages.
Section 2: The President of
9.2.1 The President of Kosovo shall represent the unity of the people
and guarantee the democratic functioning of the Provisional
Institutions of Self-Government.
9.2.2 The President of Kosovo shall, in coordination with the SRSG,
represent Kosovo and exercise his rights and duties in accordance with
the provisions of this Constitutional Framework and the applicable
9.2.3 The mandate of the President of Kosovo shall be three years.
9.2.4 The President of Kosovo shall exercise the following duties in
accordance with this Constitutional Framework and the applicable law:
(a) In coordination with the SRSG, take action in the field of
(b) Following consultations with the political parties represented in
the Assembly, propose to the Assembly the Prime Minister;
(c) Communicate to the SRSG a request of the Assembly to dissolve the
Assembly, in accordance with paragraph 8.1(b);
(d) Present a report to the Assembly on the general state of affairs
in Kosovo at least once a year; and
(e) Present awards and express gratitude.
9.2.5 If the President of Kosovo becomes temporarily unable to perform
his duties, the functions of the President of Kosovo shall be
exercised by the President of the Assembly.
9.2.6 The President of Kosovo shall enjoy immunity with respect to
acts performed in exercising his functions.
9.2.7 The President of Kosovo shall not hold any other office or
9.2.8 The President of Kosovo shall be elected by the Assembly by
secret ballot. A nomination for the post of President of Kosovo shall
require the support of the party having the largest number of seats in
the Assembly or of at least 25 members. The Assembly shall elect the
President of Kosovo by a two-thirds majority of the members of the
Assembly. If after two ballots a two-thirds majority is not obtained,
in the following ballots a majority of the votes of all members of the
Assembly shall be required for election.
9.2.9 The term of office of the President of Kosovo 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-thirds
majority of all the members of the Assembly.
Section 3: The Government
Responsibilities of the
9.3.1 The Government shall exercise the executive authority and shall
implement Assembly laws and other laws within the scope of
responsibilities of the Provisional Institutions of Self-Government
established by this Constitutional Framework.
9.3.2 The Government may propose draft laws to the Assembly at its own
initiative and shall do so at the request of the Assembly.
9.3.3 There shall be established ministries and other executive
agencies as are necessary to carry out functions within the competence
of the Government.
Composition of the Government
9.3.4 The Government shall consist of the Prime Minister and
9.3.5 At all times, at least two Ministers shall be from Communities
other than the Community having a majority representation in the
(a) At least one of these Ministers shall be from the Kosovo Serb
Community and one from another Community.
(b) In the event that there are more than twelve Ministers, a third
Minister shall be from a non-majority Community.
(c) The selection of these Ministers and their responsibilities shall
be determined after consultation with parties, coalitions or groups
representing non-majority Communities.
9.3.6 The Prime Minister and Ministers may be members of the Assembly,
or qualified persons from outside the membership of the Assembly.
Ministers from Communities, other than the one having the majority
among the members of the Assembly, shall, if appointed from outside
the Assembly, require the formal endorsement of the members of the
Assembly from the Community concerned.
Outside Activities of
9.3.7 The Prime Minister and Ministers may not hold other public
office or other employment on a full-time basis, nor exercise any
activity on a part-time basis incompatible with their office, while
exercising their responsibilities.
Election of the
Prime Minister and Ministers
9.3.8 Following Assembly elections, or if the Prime Minster resigns or
his office becomes vacant for another reason, the President of Kosovo
shall, following consultations with the parties, coalitions or groups
represented in the Assembly, propose to the Assembly a candidate for
Prime Minister. The proposed candidate shall present a list of
proposed Ministers to the Assembly. The Prime Minister shall be
elected together with the Ministers by a majority of the members of
9.3.9 If the proposed candidate does not obtain the required majority,
the President of Kosovo shall propose within ten days a new candidate
for Prime Minister. The new candidate, together with the list of
ministers proposed by him, shall be elected by a majority of the
members of the Assembly.
9.3.10 The Assembly may express its lack of confidence in the
Government only if, by a majority of its members, it elects
simultaneously a new Prime Minister together with a list of Ministers
proposed by him.
9.3.11 The term of office of the outgoing Government shall end with
the election of the new Prime Minister and Ministers.
Changes in the
Composition of the Government
9.3.12 Following his election, the Prime Minister may replace any
Minister without the consent of the Assembly.
9.3.13 Upon the resignation of the Prime Minister, the entire
Government shall resign. The Government shall continue in a caretaker
capacity until the election of a new Prime Minister.
Procedures within the
9.3.14 The Prime Minister shall call and chair meetings of the
Government and propose the agenda for these meetings. He shall
represent the Government as appropriate, define the general lines of
policy of the Government, and coordinate its work.
9.3.15 Each Minister shall be responsible for implementing the policy
of the Government within his area of responsibility.
9.3.16 The Government shall endeavour to reach its decisions by
consensus. If a vote is necessary, decisions shall be taken by a
majority of the Ministers present and voting. The Prime Minister shall
cast the deciding vote in the event Ministers are divided equally. The
Government shall otherwise decide its own rules of procedure.
Languages of the Government
9.3.17 Meetings of the Government and its bodies shall be conducted in
both the Albanian and Serbian languages. All official documents of the
Government shall be printed in both the Albanian and Serbian
9.3.18 Members of the Government from Communities other than the
Kosovo Albanian and Kosovo Serb Communities shall be permitted to use
their own language.
9.3.19 All members of the Government shall be immune from all civil
and criminal proceedings with regard to words spoken or other acts
performed in their capacity as members of the Government. Such
immunity shall not cover acts that are clearly conducive to
Section 4: The Judicial System
Administration of Justice
9.4.1 The courts are responsible for the administration of justice in
Kosovo in accordance with the applicable law.
9.4.2 Each person claiming to have been directly and adversely
affected by a decision of the Government or an executive agency under
the responsibility of the Government shall have the right to judicial
review of the legality of that decision after exhausting all avenues
for administrative review.
9.4.3 Each person shall be entitled to have all issues relating to his
rights and obligations and to have any criminal charges laid against
him decided within a reasonable time by an independent and impartial
9.4.4 There shall be the Supreme Court of Kosovo, District Courts,
Municipal Courts and Minor Offense Courts.
9.4.5 Unless otherwise specified in the applicable law, all Kosovo
courts shall hold proceedings in public.
9.4.6 Judges shall be independent and impartial. They shall not hold
any other public office.
9.4.7 Judges of all courts of Kosovo shall be distinguished jurists of
the highest moral character, with adequate qualifications. The
membership of the judiciary shall reflect the diversity of the people
of Kosovo. International judges and prosecutors shall serve within the
judicial system according to rules established by the SRSG.
9.4.8 Judges and Prosecutors shall be appointed by the SRSG from lists
of candidates proposed by the Kosovo Judicial and Prosecutorial
Council and endorsed by the Assembly. Decisions on the promotion,
transfer and dismissal of judges and prosecutors shall be taken by the
SRSG on the basis of recommendations by the Kosovo Judicial and
Prosecutorial Council and exceptionally on his own initiative.
Office of the Public Prosecutor
9.4.9 There shall be an Office of the Public Prosecutor for Kosovo, as
well as offices of district and municipal prosecutors.
9.4.10 The Office of the Public Prosecutor as well as the offices of
the district and municipal prosecutors shall exercise its functions in
accordance with the applicable law.
Special Chamber of the
Supreme Court on Constitutional Framework Matters
9.4.11 A Special Chamber of the Supreme Court shall decide:
(a) At the request of the President of Kosovo, any member of the
Presidency of the Assembly, any Assembly Committee, no fewer than five
members of the Assembly, or the Government, whether any law adopted by
the Assembly is incompatible with this Constitutional Framework,
including the international legal instruments specified in Chapter 3
on Human Rights;
(b) In the event of disputes between or among Provisional Institutions
of Self-Government, or between a Provisional Institution of
Self-Government and an Assembly Committee, one or more members of the
Presidency of the Assembly, or one or more members of the Assembly on
the extent of their rights and obligations under this Constitutional
(c) At the request of any independent body or office referred to in
Chapters 10 and 11, whether a decision of a Provisional Institution of
Self-Government infringes upon the independence and responsibilities
of the relevant independent body or office; and
(d) At the request of the Office of the Public Prosecutor, whether an
act by a member of the Assembly, a member of the Government or the
President of Kosovo constitutes an official act and as such is covered
by immunity under this Constitutional Framework.
10.1 Natural and legal persons in Kosovo shall have the right, without
threat of reprisal, to make complaints to an independent Office
concerning human rights violations or actions constituting abuse of
authority by any public authority in Kosovo.
10.2 The Office, in accordance with UNMIK legislation in force, shall
have jurisdiction to receive and investigate complaints, monitor, take
preventive steps, make recommendations and advise on any such matters.
10.3 The Ombudsperson shall give particular priority to allegations of
especially severe or systematic violations, allegations founded on
discrimination, including discrimination against Communities and their
members, and allegations of violations of rights of Communities and
Bodies and Offices
11.1 The following bodies and offices shall carry out their functions
independently of the Provisional Institutions of Self-Government:
(a) Central Election Commission;
(b) Kosovo Judicial and Prosecutorial Council;
(c) Office of the Auditor-General;
(d) Banking and Payments Authority of Kosovo;
(e) Independent Media Commission;
(f) Board of the Public Broadcaster; and
(g) Housing and Property Directorate and the Housing and Property
11.2 The bodies and offices specified above, and such other
independent bodies and offices as may be established by law, shall
have the powers, obligations, and composition specified in the legal
instruments by which they are established.
Authority of the SRSG
The exercise of the responsibilities of the Provisional Institutions
of Self-Government under this Constitutional Framework shall not
affect or diminish the authority of the SRSG to ensure full
implementation of UNSCR 1244(1999), including overseeing the
Provisional Institutions of Self-Government, its officials and its
agencies, and taking appropriate measures whenever their actions are
inconsistent with UNSCR 1244(1999) or this Constitutional Framework.
Authority of KFOR
Nothing in this Constitutional Framework shall affect the authority of
the International Security Presence (KFOR) to fulfil all aspects of
its mandate under UNSCR 1244(1999) and the Military Technical
Agreement (Kumanovo Agreement).
14.1 In case of conflict between this Constitutional Framework and any
law of the Assembly, this Constitutional Framework shall prevail.
14.2 The SRSG shall take the necessary measures to facilitate the
transfer of powers and responsibilities to the Provisional
Institutions of Self-Government.
14.3 The SRSG, on his own initiative or upon a request supported by
two-thirds of the members of the Assembly, may effect amendments to
this Constitutional Framework.
14.4 The English, Albanian and Serbian language versions of this
Constitutional Framework are equally authentic. In case of conflict,
the English language version shall prevail. This Constitutional
Framework shall also be published in the Bosniak and Turkish
14.5 This Constitutional Framework shall enter into force upon
promulgation by the SRSG.
Signed on this 15th day of May 2001.
Special Representative of the