The Kingdom of the Netherlands and the Republic of Kosovo,
Referring to the Constitution of the Republic of Kosovo, as amended by Amendment No. 24 of 3 August 2015, Article 162, authorizing the establishment of Specialist Chambers and a Specialist Prosecutor’s Office in order to comply with the international obligations of the Republic of Kosovo in relation to the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011;
Referring to the exchange of letters between the President of the Republic of Kosovo and the High Representative of the European Union for Foreign Affairs and Security Policy dated 14 April 2014, ratified by Kosovo Law No. 04/L-274 of 15 May 2014, containing the commitment of the Republic of Kosovo to establish Specialist Chambers and a Specialist Prosecutor’s Office within the Kosovo judicial system to be used for trial and appellate proceedings arising from the investigation of the Special Investigative Task Force of the Special Prosecution Office of the Republic of Kosovo related to the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011 and which may be relocated to a third State subject to the conclusion of a Host State Agreement with the Host State;
Referring to Kosovo Law No. 05/L-053 on Specialist Chambers and Specialist Prosecutor’s Office establishing the Specialist Chambers within the Kosovo justice system and the Specialist Prosecutor’s Office to fulfil Kosovo’s international obligations undertaken in Law No. 04/L-274 in relation to allegations of certain crimes reported in the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011 and which have been the subject of criminal investigation by the Special Investigative Task Force of the Special Prosecution Office of the Republic of Kosovo;
Wishing to conclude an interim agreement on the hosting by the Netherlands of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office to ensure the smooth and efficient functioning of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office in the Netherlands;
Article 30. Social security regime
To the extent that the social security system of the Kosovo Relocated Specialist Judicial Institution offers coverage comparable to the coverage under the legislation of the Host State, the Kosovo Relocated Specialist Judicial Institution and its officials and members forming part of their household to whom the aforementioned scheme applies, shall be exempt from social security provisions of the Host State. Consequently, they shall not be covered against the risks described in the social security provisions of the Host State. This exemption applies to them unless they take up gainful activity in the Host State.
Inhoudsopgave
Interim Agreement between the Kingdom of the Netherlands and the Republic of Kosovo concerning the Hosting of the Kosovo Relocated Specialist Judicial Institution in the Netherlands
Article 1. Use of terms
Article 2. Purpose and scope of this Agreement
Article 3. Seat of the Kosovo Relocated Specialist Judicial Institution
Article 4. Juridical personality
Article 5. Privileges, immunities and facilities
Article 6. Inviolability of the premises
Article 7. Protection of the premises and their vicinity
Article 8. Law and authority on the premises
Article 9. Public services for the premises
Article 10. Flag, emblem and markings
Article 11. Funds, assets and other property
Article 12. Inviolability of archives, documents and materials
Article 13. Facilities in respect of communications
Article 14. Freedom of financial assets from restrictions
Article 15. Exemption from taxes and duties for the Kosovo Relocated Specialist Judicial Institution and its property
Article 16. Exemption from import and export restrictions
Article 17. Privileges, immunities and facilities of the judges, the Specialist Prosecutor, Deputy Specialist Prosecutor, and the Registrar and the Deputy Registrar
Article 18. Privileges, immunities and facilities of staff
Article 19. Personnel recruited locally and not otherwise covered by this Agreement
Article 20. Interns
Article 21. Experts
Article 22. Counsel and persons assisting counsel
Article 23. Persons other than suspects, accused, witnesses and victims who are required to be present at the seat of the Kosovo Relocated Specialist Judicial Institution
Article 24. Employment of Family members of the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar and staff
Article 25. Exceptions to immunities
Article 26. Waiver of privileges, immunities and facilities provided for in Articles 17, 18, 19, 20, 21, 22 and 23
- SECTION 1. : GENERAL
+ SECTION 2. : VISAS, PERMITS AND OTHER DOCUMENTS
+ SECTION 3. : SECURITY, OPERATIONAL ASSISTANCE
Article 35. Supplementary arrangements and agreements
Article 36. Settlement of disputes with third Parties
Article 37. Settlement of differences on the interpretation or application of this Agreement or its supplementary arrangements or agreements
Article 38. Costs
Article 39. Application
Article 40. Amendments
Article 41. Entry into force
Article 42. Duration and termination
Geschiedenis

Geschiedenis-overzicht