Serbian Government has managed to strike the best possible agreement in Brussels which guarantees to Kosovo Serbs access to justice in Serbian language in institutions where most of judges will be Serbs, said Serbian Minister of Justice, Nikola Selakovic.
AGREEMENT
1. Kosovo laws will apply to judicial institutions in accordance with the First Agreement.
2. There will be one Basic Court and one Basic Prosecution Office for Mitrovica region.
3. There will be multiple premises for the Mitrovica Basic Court.
4. There are four existing branches to the Mitrovica Basic Court in the Mitrovica region (Zubin Potok, Leposavić/Leposaviq, Skenderaj/Srbica, Vushtrri/Vučitrn).
5. The vast majority of cases coming from the municipalities where the branches are located are adjudicated in these branches, in accordance with the law.
6. In Kosovo, the President of the Basic Court decides on the allocation of cases.
7. The allocation of cases to prosecutors is based on expertise, specialization, personal background and local areas knowledge, in accordance with Kosovo law.
8. The vast majority of cases in a Basic Court are decided by single judge, in accordance with Kosovo law.
9. Both sides will be represented in all premises of the Mitrovica Basic Court, the Basic Prosecution Office and the division of the Court of Appeals in Mitrovica.
10. The Mitrovica Basic Court premises in Mitrovica north will host a majority of Kosovo Serbs.
11. The Mitrovica Basic Court premises in Mitrovica north will comprise of:
– The division of the Court of Appeals in Mitrovica, which will be composed of 5 Kosovo Serb and 2 Kosovo Albanian Judges,
– The department for serious crimes for the entire Mitrovica region, which will be composed of 4 Kosovo Serb and 4 Kosovo Albanian Judges,
– The part of the general department adjudicating over all criminal offences for Mitrovia north, Mitrovica south and Zvecan/Zveçan,
12. The second premises of the Mitrovica Basic Court in Mitrovica south will comprise of:
– The department for minors for the entire Mitrovica region,
– The part of the general department adjudicating over civil matters, uncontested claims, minor offences for Mitrovica north, Mitrovica south and Zvečan/Zveçan.
The second premises will be located in Mitrovica south, in the so-called “YugoBanka’ building, or another building to be agreed by both sides.
13. The President of the Mitrovica Basic Court is a Kosovo Serb from northern Kosovo.
14. The Chief Prosecutor of the Mitrovica Basic Prosecution Office is a Kosovo Albanian. The premises are located in the Mitrovica North Administrative Office (MNAO), situated in Bosniak Mahala or another building to be agreed by both sides.
15. The President of the Court of Appeals in Mitrovica north is a Kosovo Serb; the Vice-President of the Court of Appeals in Pristina is a Kosovo Serb.
The Basic Court Mitrovica north will host 14 Serb Judges, 10 Albanian judges, 54 Serb court support staff and 26 Albanian court support staff.
The Basic Court Mitrovica south will host 11 Serbs judges, 14 Albanian judges, 54 Albanian court support staff and 26 Serbs court support staff.
Agreement provides that branches in Zubin Potok and Leposavić/Leposaviç will host two Serb judges and 7 court support staff each.
Basic Prosecution Office in Mitrovica will host 9 Serb prosecutors, 9 Albanian prosecutors and both sides will have 24 administrative support staff, each.
Selakovic said that there will be protection mechanisms for Kosovo Serbs set at all levels of the judiciary. “This is one more step in creation of a strong Community/Association of Serb municipalities, which will guarantee the survival of Serbs in Kosovo and Metohija,” Selakovic said.
