Republika e Kosovës Republika Kosova / Republic of Kosovo Këshilli Prokurorial i Kosovës/ Tužilaški Savet Kosova/ Kosovo Prosecutorial Council Kosovo Prosecutorial Council based on Article 4, paragraph 1.27 of the Law on Kosovo Prosecutorial Council, namely Law No. 03/L-224 Official Gazette of the Republic of Kosova no. 83, issued on 29 th of October 2010, in the meeting held on 29 th of December 2015, has adopted the following: REGULATION NO.10 /2015 ON THE ORGANIZATION AND ACTIVITY OF KOSOVO PROSECUTORIAL COUNCIL Article 1 Purpose and Scope This Regulation sets the functioning, organization and activity ways of Kosovo Prosecutorial Council and its Committees, as a fully independent institution in conducting its functions. Article 2 Residency 1. Residency of Kosovo Prosecutorial Council (Council) is in Prishtina. 2. In principle, meetings of the Council shall be held in the residency of the Council in Prishtina. 3. Council may decide to hold its meeting outside the residency of the Council. Article 3 Logo and Stamp 1. Council has its official logo, adopted upon a special Decision. 2. The Council has its official stamp, containing the following data: 2.1 In the first external circle is present insignia Republic of Kosova. 2.2 In the second circle is present insignia Kosovo Prosecutorial Council.
2.3 Residency of the Council Prishtina 2.4 In the centre is placed the emblem of the Republic of Kosova. 3. Form and content of the stamp of the Council shall be set in accordance with the Law on Stamps of the Republic of Kosova Institutions. Article 4 Definitions Terms used in this Regulation have the following meaning: Law...Law on Amending and Supplementing the Law on Kosovo Prosecutorial Council Director...Director of the Secretariat of the Council Council...Kosovo Prosecutorial Council Committees... Permanent and Temporary Committees established by the Council. Chairperson...Chairperson of the Council Vice-Chairperson... Vice-Chairperson of the Council Secretariat... Secretariat of the Council PPAU...Prosecutions` Performance Assessment Unit ODP...Office of Disciplinary Prosecutor Article 5 Election of the Chairperson and Vice-Chairperson of the Council The procedure regarding the election of the Chairperson and Vice-Chairperson of the Council is set upon a specific Regulation. Article 6 Responsibilities of the Chairperson of the Council 1. Chairperson of the Council has the following responsibilities: 1.1 Chairing meetings of the Council; 1.2 Approving preparation of the agenda and its items that shall be submitted to the Council; 1.3 Instructing the Secretariat in preparation of the meetings of the Council; 1.4 Supervising administration and financial work of the Secretariat; 1.5 Ensuring cooperation of the Council with media and public; 2
1.6 Submitting request for providing budget; and following the approval by the Council, s/he shall sign the budget proposal necessary for the functioning of the Council. 1.7 S/he shall represent the Council before the public, Government Agencies and other public local and international bodies; 1.8 Upon the authorization of the Council, s/he shall sign Memorandums and other Agreements with local and international institutions; 1.9 S/he manages and oversees performance of the Council and its Committees. 1.10 At least once a year s/he submits annual performance report, costs and budget needs of the prosecutorial system. The named report shall be available to the public. 1.11 S/he organizes the election procedure of members of permanent Committees, as stipulated by Law, thus enabling to the Council a transparent and accountable process on propositions and their appointments. 1.12 S/he shall conduct other functions on behalf of the Council, as stipulated by Law, this Regulation and other Regulations of the Council. 1.13 Up to the need, s/he may delegate administrative responsibilities to the Vice- Chairperson and Director of the Secretariat. 1.14 In his/her absence and absence of the Vice-Chairperson, when they cannot exercise their duties due to reasonable reasons, the Chairperson may assign a member of the Council to be in charge of his/her duties and responsibilities. Article 7 Vice-Chairperson of the Council 1. Vice- Chairperson exercises duties of the Chairperson when the latter is absent. 2. Vice-Chairperson enjoys full authority to act on behalf on the Council when the Chairperson is absent or when s/he cannot exercise his/her duties. 3
1. Members of the Council are obliged to: Article 8 Responsibilities of the Council members 1.1. To participate in the meetings of the Council. 1.2. To participate in the work of the Committees and Working Groups, established by the Council. 1.3. To conduct work and activities assigned by the Council, within the competencies and responsibilities of the Council. 1.4. To inform the Chairperson or the Secretariat when they cannot attend meetings of the Council. 1.5. To not disclose information regarding the decision-making and voting process inside the Council. 1.6. During the decision-making they shall avoid biasness, conflict of interest or discrimination on any grounds. 1.7. To state in written the lack of eligibility regarding the membership in the Council, as set by Article 6 of the Law. 2. The Council may decide on temporary transfer of a Prosecutor-member for providing full-time services for the Council. Article 9 Registry of Council members 1. Secretariat shall maintain a Registry regarding members of the Council and their mandates. 2. The Registry shall contain all data on the date of appointment and termination of the mandate, including other personal and professional data. 3. Secretariat is obliged to inform the Council at least 90 days prior to the termination of the mandate of the Council member. Article 10 Oath Members shall give a solemn oath before the Council. The test of the oath is as follows: I solemnly declare and pledge to carry out my function independently, impartially and professionally, for the purposes of applying Constitution, Laws and International Agreements, as well as other legal sources in the Republic of Kosova. 4
Article 11 Code of Ethics Members of the Council are obliged to respect the Code of Ethic applicable for members of the Council. Article 12 Termination of the mandate of the member of the Council Mandate termination of the member of the Council is set by Law. Article 13 Vacant positions in the Council If there emerges the need on fulfilling a vacant position in the Council, following the termination of a mandate of a member, the vacant position shall be filled in the same manner as when the election of the candidate is in place. Article 14 Personal Responsibilities of Council Members 1. Members of the Council shall not be held criminally liable for Decisions, opinions and actions undertaken within the scope of their function in the capacity of the member of the Council. 2. If against a member of the Council is filed indictment or when s/he is arrested, the latter shall as soon as possible inform the Chairperson of the Council. Article 15 Disciplinary Liability of Council Members 1. Members of the Council shall be subjected to disciplinary measures, in cases when: 1.1 Their activities have damaged the authority of the Council and prosecutorial system; 1.2 They have not declared the conflict of interest in the Council, and 1.3 They violate rules of Code of Ethics applicable for members of the Council. 2. Disciplinary procedure against one member of the Council may be initiated following the investigations conducted, as per Article 11 of the Law. 5
Article 16 Conflict of Interest and Expulsion 1. Members of the Council shall avoid conflict of interest when it exists due to family or social relations, in accordance with the Law on Prevention of Conflict of Interest in Discharge of Public Functions. 2. At any time, when a member of the Council learns about any conflict of interest or any other circumstance that may raise doubts in regard to impartiality, then s/he shall immediately cease exercising all activities, and shall inform in written the Chairperson of the Council regarding the respective. 3. When a member of the Council conceals or does not report any circumstance of the conflict of interest, that may raise doubts regarding his/her impartiality, and if any other member of the Council is aware about the respective, then s/he is obliged to inform the Chairperson of the Council. In this case, member doubted for having conflict of interest may participate in the discussions, but does not have the right on voting. Article 17 Meetings 1. In principle, Council shall hold meetings once per month. As per the need, the Council may hold meetings anytime it considers it needed. 2. Meetings of the Council are chaired by the Chairperson. In absence of the Chairperson, then the meetings shall be chaired by the Vice-Chairperson. If, the Vice-Chairperson is also absent, then one of the Council members authorized by the Chairperson of the Council shall chair with the respective meeting. 3. Chairperson in consultation with members of the Council shall set the schedule of the meetings, in accordance with work requirements of the Council. 4. Announcement regarding the meetings of the Council shall be published in the official website of the Council. 6
Article 18 Public Meetings Character 1. In principle, all meetings of the Council shall be public. 2. In cases foreseen by Law, upon the majority of votes of present Council members, there may be decided to hold a closed meeting for the public. Chairperson may request dismissal of the public or other persons whose presence is not necessary. 3. Notes regarding the part of the closed session shall be prepared as set by Law and this Regulation. Article 19 Extraordinary meetings 1. Upon the request of the Chairperson, Chief State Prosecutor or five (5) members of the Council, the extraordinary meeting of the Council may be summoned for reviewing matters of emergency. Council members shall be informed about the meeting at least 24 hours prior to the meeting. 2. If the request for extraordinary meeting is made by the members of the Council or Chief State Prosecutor, the same shall be submitted to the Chairperson together with the agenda proposed by the members requesting the summoning of the extraordinary meeting. Article 20 Quorum The quorum for meetings of the Council shall exist if there are present nine (9) members with the right on voting. Article 21 Agenda 1. Agenda of the meetings of the Council shall be proposed by the Chairperson, and it shall be submitted to members of the Council no later than three (3) days before the meeting. 2. Members of the Council may submit to Chairperson their propositions regarding the agenda at least five (5) days before the meeting of the Council. 3. Items of the agenda shall be listed according to their importance. 7
4. Matters of special importance may be incorporated as items of the agenda, only if the respective are approved in advance by members of the Council, and if the same is voted by members of the Council at the beginning of the Council meeting. 5. Agenda shall include: 5.1 Minutes of the previous Meeting of the Council; 5.2 All proposed items by the Chairperson for being reviewed in the meeting of the Council; 5.3 Recommendations and propositions of the permanent Committees and other bodies of the Council; 5.4 Additional necessary information regarding the items of the Agenda. Article 22 Discussions 1. Each item of the agenda shall be discussed according to the chronology. An item of the agenda cannot be discussed, if the previous one was not completed. Execption from the latter is when the Chairperson can propose amendment of the chronology of the items of the agenda, and if the Council upon the simple majority of votes approves it. 2. Members of the Council cannot request postponing or annulment of the agenda items, if the respective is not supported by at least five (5) members of the Council. Article 23 Voting 1. Decisions of the Council are brought upon the simple majority of votes of present members, unless otherwise set by Law. 2. Council may decide to have secret ballot regarding matters it considers necessary to apply the respective. 3. When the voting is opened, voting shall be upon the raise of the hand. Whereas, when the secret ballot is in place, then members of the Council shall be called by name to vote. When the latter voting is in place, the Chairperson shall be the last one to vote. 8
Article 24 The Meeting flow 1. Following the opening of the meeting, Chairperson shall request from the Secretariat to conclude the presence of members of the Council, and ensure there is quorum for conducting the meeting. When any of the members leave the meeting, then Chairperson shall request to conclude within the records of the meeting if there is a quorum for carrying on with the meeting. 2. Following the opening of the meeting, the Chairperson shall propose the agenda. Following the approval of the agenda, the Council shall approve the previous minutes of meeting. 3. Chairperson shall open for review each item of the agenda, separately. The chronology of the review of the agenda may be changed upon the approval by the Council members. 4. Agenda item that does not obtain simple majority of votes shall be considered removed. 5. Following the discussions regarding the items of the agenda, Council members shall be as concise and clear. Chairperson shall ensure time management of discussions, and s/he may set reasonable time limits on discussions during the meeting. 6. The right on discussion in the meetings of the Council have only members of the Council. Exception concerning the latter is when upon the consent of the Chairperson of the Council other persons are also allowed to be part of discussions. 7. Following the closure of the review, the Chairperson shall propose bringing of the decision regarding each item separately, by voting. Article 25 Meeting Recordings 1. For every meeting of the Council the minutes of meeting shall be provided, and the transcripts of the meeting shall also be in place. The minutes of meeting shall contain place, date and time of the meeting; number of present members, their names, as well as names and posts of other present persons; the conclusion regarding the quorum, holding or postponing of the meeting; agenda of the meeting; brief content for each item of the agenda; voting result, separate opinions of the members regarding 9
decisions; reasons for adjournment or postponing of the meeting; closure of the meeting and other data from the meeting. 2. The minutes of meeting shall be signed by the Chairperson and Record Clerk. 3. Upon the decision of the Council, access to the minutes of meeting is allowed to a person who proves to have a special interest in the minutes of meeting. 4. Meetings of the Council shall be recorded. Audio recording of the meetings of the Council are confidential. 5. Upon the order of the Chairperson, transcripts extracted from the audio recordings may be public if the same serves to the interest of Justice Administration, or if it drives transparency in justice administration. The respective shall be in place, only when: 5.1 The integrity of the decision-making of the Council is not compromised; 5.2 Personal interests of members of the Council are not violated; 5.3 Personal interest of persons who are subjected to the review are not violated; and 5.4 It does not violate other applicable law provisions regarding the confidentiality of discussions in the Council. 6. Audio or video recordings of the meetings of the Council shall be stored in a safe place by the Secretariat. The same shall be kept for at least three (3) years following the final approval of the minutes of the meeting of the Council. 10
Article 26 Implementation of the Council Decisions Council Decisions shall be implemented with the deadlines foreseen by the approved Act. In case of obstacles in terms of the implementation, or due to the new circumstances that may impede implementation of the Decisions, the Director of the Secretariat shall inform the Chairperson of the Council. Article 27 Use of Languages in the Meetings of the Council 1. In the meetings of the Council shall be used Albanian and Serbian Languages. 2. Agenda, materials of the meeting and, Decisions of the Council and other bodies, shall be drafted in Albanian and Serbian language. Article 28 Communication with public and Media 1. General communication with the public or media shall be done in accordance with the Regulation regarding cooperation with media and public. 2. Secretariat shall be instructed by the Chairperson of the Council on drafting Press Releases and publishing them in the official websites of the Council. Article 29 Official Website of the Council 1. Council has its official websites which shall be updated by the Secretariat with the data as needed, and in accordance with the Law and Regulations of the Council. 2. Official website shall serve as comprehensive platform for the webpage of the State Prosecutor as well, in which information on its function and activity are also posted. Article 30 Access to Information 1. In order to have the function of the Council as transparent as possible, the Council shall ensure public access to the information it possesses, in accordance with Laws in force regarding access to public documents. 2. Council shall assign a contact person for access to official documents. 11
3. Information regarding the contact person shall be published in the official website of the Council. Article 31 Protection of Personal Data 1. Council shall ensure protection of the processed data by the Council and Secretariat, in accordance with the legislation in force. 2. Council shall assign a person in charge of protection of personal data that are maintained inside the Council. Article 32 Council Activities 1. Council shall approve Regulations and other bylaws in accordance with Constitution, Laws and Regulations of the Council. 2. Council shall approve Decisions, Regulations, opinions and other necessary by-laws, in accordance with applicable legislation and Regulations of the Council. 3. Decisions and all other by-laws of the Council shall contain legal basis, clause of the approval, reasoning of the action and date of entry into force. 4. Chairperson approves Administrative Instructions on setting models of by-laws of the Council. Article 33 Registration and Publishing of the By-laws of the Council 1. Council shall maintain Registry for each Regulation and amendments regarding the respective and it shall include date of approval of the by-law and its entry into force. 2. Regulations and approved amendments by the Council shall be published in the website of the Council. 3. Regulations, as well as amendments approved by the Council, shall be distributed by the Secretariat throughout all offices, independent units within the Council, as well as all other Departments and Units of the Secretariat, Prosecutions and all others, as requested by the Chairperson. 12
Article 34 Perseverance of independence and authority of Prosecutors and Prosecution Institution 1. Council shall react publically against any external behaviour that may jeopardize: 1.1 Independence and authority of Prosecutors and prosecutorial system in general. 1.2 Regular exercising of the function of Prosecutor. 2 Chief Prosecutors, Deputy Chief Prosecutors, Prosecutors and every members of the Council may request reaction of the Council by submitting a reasonable request in written to the Chairperson in case if the independence or authority of any of the abovementioned is jeopardized. If the Chairperson judges that the request is reasonable, s/he shall inform members of the Council. 3 If the request is urgent, the Chairperson shall directly submit to the Council a proposition for issuing a Statement. 4 If the request is not urgent, the Chairperson may assign one member to evaluate the request and propose adequate proceeding to the Council. The reporting member shall establish a file and prepare the case for presentation before the Council. The respective member shall be assisted by the Committee for Normative Acts. Reporting member may request additional information and documents from any respective Office. There may be collected part of evidences (such as: newspapers, video-tapes, documents). Reporting member shall address to the Council results of investigation within two (2) weeks from the day of assignment. S/he may submit a recommendation in written for dismissing the case, or approving Resolution. 5 Council shall vote regarding the Statement. In urgent cases, members of the Council may approve the content of the Statement through electronic communication media. Following the approval, Statement shall be promptly published on the website of the Council and/or through a Press Conference. Article 35 Permanent Committees and other Bodies of the Council 1. In order to meet the mandate of the Council, the latter shall establish permanent committees as provided by Law. The respective provided permanent Committees, are as follows: 1.1 Committee for Normative Acts; 1.2 Committee for Budget, Finances and Staff; 13
1.3 Committee for Administration of Prosecutions; 1.4 Disciplinary Committee, and 1.5 Committee for Prosecutors` Performance Assessment. 2. Upon the need, the Council shall also establish other permanent and temporary Committees. 3. Chairpersons of Working Groups and other ad hoc Committees, not necessarily shall be members of the Council. 4. Members of permanent and temporary Committees and Working Groups shall be compensated, as set by a special by-law of the Council. 5. Composition, responsibilities and procedures on their functioning shall be regulated by special by-laws. Article 36 Secretariat of the Council 1. Secretariat is a Unit established within the Council for the purposes of providing administrative support to the Council and its Committees. 2. Secretariat is in charge of assisting and implementing rules, Regulations and policies of the Council regarding the management, budget and administration of Prosecutions. 3. Secretariat is obliged in providing impartial, professional and accurate advises for the Council. 4. Secretariat is in charge of organizing staff throughout Prosecutions, as well as effective and efficient management of resources committed to the Council. 5. Secretariat is in charge of employing staff of Prosecutions based on professional qualification, skills and merits of each one of them, which are evaluated by the fair and opened public vacancy announcement. 6. Secretariat shall maintain files, proofs and other documents, in electronic version (soft copies) or printed version (hard copies), regarding all Prosecutors and administrative staff. 14
7. Secretariat is in charge of maintaining files, proofs and other documents in electronic version (soft copies) or printed version (hard copies), regarding incomes and other expenses committed from the budget of the Council. 8. Secretariat shall propose administration rules needed for implementation of the Decisions of the Council. All rules shall be submitted to the Council for approval. 9. For the purposes of effectiveness, Secretariat shall propose to the Council, Regulations that are needed for effective and efficient administration of Prosecutions. 10. Secretariat shall report on regular basis to Council, regarding the performance of Prosecutions and shall provide recommendations for improvement. 11. The Secretariat as per instructions of the Council and Committee for Budget, Finances and Staff, shall prepare budget for Prosecutions, and shall administer approved budget of Prosecutions. 12. Secretariat as per instructions of the Council and budgetary possibilities shall ensure that Prosecutions have adequate supply with needed materials for effective and efficient functioning of Prosecutions. 13. Council shall approve a special Regulation regarding organizational structure and functioning of the Secretariat. Article 37 Director of the Secretariat 1. Council shall select Director of the Secretariat of the Council, in accordance with procedures, criteria and qualifications developed and approved by the Council. The respective Director shall be appointed for a three (3) year mandate, with the possibility of mandate extension. 2. Director of the Secretariat is the highest administrative officer of the Council. 3. Director is held accountable to the Council regarding effective and efficient administration of the Secretariat and administration staff of Prosecutions. Director shall report directly to the Chairperson of the Council. Director shall participate in all meetings of the Council and shall respond to all requests of the Council for information. 4. Council is in charge of setting the salary of the Director of the Secretariat. 15
Article 38 Prosecutions` Performance Assessment Unit 1. Prosecutions Performance Assessment Unit (PPAU) shall give propositions to the Council regarding policies and instructions on reforming and improvement of Prosecutors` performance. 2. Council shall select and dismiss Director of PPAU. The respective Director shall be selected for a three-year mandate, with the possibility of mandate extension. 3. Director of PPAU is in charge of effective and efficient administration of PPAU and s/he reports directly to the Chairperson and Council regarding his/her performance. Article 39 Office of Disciplinary Prosecutor 1. Office of Disciplinary Prosecutor (ODP) is a separate and independent body serving to the Council and Kosovo Judicial Council. 2. ODP has the Director, who is held accountable to the Council and Kosovo Judicial Council. Mandate of the Director is a five-year term with the possibility of extension. Decision on extension of the mandate shall be brought by both Councils, in a joint session held between the respective. Article 40 Strategic Plan 1. Council is in charge of approving the Strategic Plan and Action Plan, which include strategic priorities for the time period from five (5) years. Secretariat shall be in charge of drafting Strategic Plan. 2. Following the approval of the Strategic Plan and Action Plan, Secretariat shall ensure its implementation, including deadlines, activities and responsibilities. 3. Strategic Plan and Action Plan shall be monitored and evaluated on quarterly basis. 4. Strategic Plan and Action Plan shall be published in the official website of the Council. Article 41 Annual Report 1. Council, on annual basis, shall set the structure of the Performance Annual Report for both, Council and Prosecutions. Meetings regarding the structure of the annual report shall be held at the end of January of each year. 16
2. The respective Report shall contain, at least: 2.1 Performance and activities of permanent Committees and other bodies of the Council; 2.2 Performance and activities of the Council; 2.3 Performance and activities of Prosecutions; 2.4 Reporting on the budget and human resources; 2.5 Reporting on implementation of approved plans in the previous year; and 2.6 Other necessary matters regarding presentation of Council activities. 3. Council shall request from the Committees and other bodies to submit their report to the Council until the end of February of each year. 4. Secretariat shall support the Council in preparing project-reports on time, for the purposes of their review and approval by the Council. Members of the Council shall be informed seven (7) days before the meeting of the Council regarding the report shall be in place; whereas recommended amendments shall be submitted in written, three (3) days before the meeting regarding the approval of the Report is in place. 5. Following the approval of the annual report by the Council, the respective shall be published until 31 st of March of the next year. Article 42 Annual Budget Proposition 1. The Council in consultation with Chief State Prosecutor and Chief Prosecutors shall prepare the budget proposal, within the deadline set by the Ministry of Finances. Budget proposals shall include propositions of State Prosecutor and Prosecutions, and Secretariat. 2. The Committee for Budget and Finances as a permanent body of the Council shall give the final recommendation regarding the approval of the budget proposal. 3. Following the approval of the budget-proposal by the Council, it shall be submitted for approval to Kosovo Assembly. 4. In the discussions regarding the budget of the Council held by the Parliamentary Committee for Budget in the Kosovo Assembly, the Committee for Budget and 17
Finances of the Council shall be authorized by the Council to participate and defend the budget proposal. 5. Chairperson shall inform members of the Council regarding the approval of the budget by the Assembly. Article 43 Donators` Coordination 1. The Council, for the purposes of increasing the effectiveness of its work and prosecutorial system in general, shall coordinate donators` support in accordance with the needs of the Council, in particular with the priorities of European Integration process. 2. Secretariat shall inform the Council on bi-annual basis regarding activities and plans of the donors. Article 44 Temporary Provisions Amending and supplementing of this Regulation shall be in place if the simple majority of Council members vote in favour of the respective. In order to have such amendment in place, there is preliminary required the opinion and recommendation of the Committee for Normative Acts, and Secretariat. Article 45 Final Provisions 1. Regulation No. 01/2013 on the Function and Activity of Kosovo Prosecutorial Council shall be repealed upon the entry into force of this Regulation. 2. This Regulation enters into force following its approval by the Council, and starts to be applicable from 1 st of January 2016. Prishtina, 29 th of December 2015 Kosovo Prosecutorial Council Chairperson, Aleksandër Lumezi 18