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Law of Kosovo and EULEX

The judicial system of Kosovo is a civil law system divided between courts with regular civil and criminal jurisdiction and administrative courts with jurisdiction over litigation between individuals and the public administration. As of the Constitution of Kosovo, the judicial system is composed of the Supreme Court, which is the highest judicial authority, a Constitutional Court, and an independent prosecutorial institution. All of them are administered by the Judicial Council located in Pristina. The Kosovo Police is the main state law enforcement agency in the nation. After the Independence of Kosovo in 2008, the force became the governmental agency. The agency carries nearly all general police duties such as criminal investigation, patrol activity, traffic policing, border control.

Kosovo Police

The Ahtisaari Plan envisaged two forms of international supervision of Kosovo after its independence such as the International Civilian Office (ICO), which would monitor the implementation of the Plan and would have a wide range of veto powers over legislative and executive actions, and the European Union Rule of Law Mission to Kosovo (EULEX), which would have the narrower mission of deploying police and civilian resources with the aim of developing the Kosovo Police and judicial systems but also with its own powers of arrest and prosecution. The declaration of independence and subsequent Constitution granted these bodies the powers assigned to them by the Ahtisaari Plan. Since the Plan was not voted on by the UN Security Council, the ICO’s legal status within Kosovo was dependent on the de facto situation and Kosovo legislation; it was supervised by an International Steering Group (ISG) composed of the main states which recognised Kosovo. It was never recognised by Serbia or other non-recognising states. EULEX was also initially opposed by Serbia, but its mandate and powers were accepted in late 2008 by Serbia and the UN Security Council as operating under the umbrella of the continuing UNMIK mandate, in a status-neutral way, but with its own operational independence. The ICO’s existence terminated on 10 September 2012, after the ISG had determined that Kosovo had substantially fulfilled its obligations under the Ahtisaari Plan. EULEX continues its existence under both Kosovo and international law; in 2012 the Kosovo president formally requested a continuation of its mandate until 2014.

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