Office for Kosovo and Metohija
Government of the Republic of Serbia

Conclusions of the EU Facilitator on justice, 30 November 2016.

In accordance with paragraph 10 of the First Agreement, the Agreement on 9 February 2015 and related conclusions:

A. The Parties endorsed the list of successful Judges, Prosecutors and administrative support staff for integration, as distributed on 17 October 2016.

B. The Parties agreed on the principles of the Appellate Division of the Court of Appeals as provided by paragraph 10 of the First Agreement. These principles reflected in an Annex to the regulation on the organization of courts will be adopted by the competent Kosovo authorities and will enter into force on 7 December 2016 at the latest.

C. Kosovo will notify in writing the European External Action Service, on 7 December at the latest, the final outcome of the integration process for administrative support staff.

D. Serbia will notify European External Action Service in writing, on 9 December 2016 at the latest, the termination of the employment relations of Judges, Prosecutors and administrative support staff candidates for integration, whit Serbian authorities and the cessation of payment of salaries, in accordance with relevant regulations. This will be final and effective on 10 January 2017. The names of Judges, Prosecutors and administrative support staff will be annexed to the correspondence.

E. The Kosovo Judicial Council will officially notify all competent Kosovo authorities the July 2013 conclusions on validity- appeal by 9 December 2016 at the latest, including cases that are proceeded until 9 December 2016 as per conclusions on stay on new cases.

F. The Parties agreed that these judges, prosecutors and administrative support staff will be appointed on 10 January 2017 and thereby integrated into the Kosovo Judiciary.

G. The Parties also agreed to the following subsequent steps:

G.1. The vacancy notice for the position of the president of the Mitrovica Basic Court will expire on 11 January 2017 at 18:00. All the Judges of the Appellate Division of the Court of Appeals will meet on 11 January 2017 at 10:00 in the premises of the Mitrovica Basic Court with EULEX facilitation to hold consultations on the proposal for the Head of the Appellate Division.

G.2. The Kosovo Serb President of the Mitrovica Basic Court will be appointed on 13 January 2017. The Kosovo Serb Head of the Appellate Division of the Court of Appeals will be designated on the same day following a meeting in Pristina of the collegium of the Court of Appeals.

G.3. The Parties agreed that the premises of the Mitrovica Basic Court and of the Mitrovica Prosecution Office will simultaneously be made available to the integrated personnel along with their judicial colleagues of the Mitrovica region on 16 January 2017, after the premises are put in full operations conditions.