Amendment n.50 of the UNMIK Regulation on the resolution of credits relating to real property, including agricultural and commercial, 2006

Republika e Kosoves Republika Kosova-Republic of Kosovo Kuvendi- Skupstina - Assembly

Law No. 03/L-079

AMENDING UNMIK REGULATION 2006/50 ON THE RESOLUTION OF CLAIMS RELATING TO PRIVATE IMMOVABLE PROPERTY, INCLUDING AGRICULTURAL ANO COMMERCIAL PROPERTY

The Assembly of Republic of Kosovo,

In view of UNMTK Regulation 2006/50 on the Resolution of Claims Relating to Private

Immovable Property, Including Agricultural and Commerciai Property ("Regulation"),

Considering the need to amend the Regulation in order to reflect the Constitution of the Republic of Kosovo and other relevant instruments,

Hereby adopts the following:

LAW AMENDING UNMIK REGULATION 2006/50 ON THE RESOLUTION OF CLAIMS RELATING TO PRIVATE IMMOVABLE PROPERTY, INCLUDING AGRICULTURAL AND COMMERCIAL PROPERTY

Article l

Each reference in the Regulation to "Regulation" shall be replaced by "Law."

Article 2

The text of the entire introductory section of the Regulation shall be replaced by the following:

"The Assembly of Republic of Kosovo,

Pursuant to the authority given to it under article 65 and 142 of the Constitution of the Republic of Kosovo,

Providing for the resolution of claims relating to private immovable property, including agricultural and commercial property, without such claims being referred to the courts with territorial and subject-matter jurisdiction over them

Hereby adopts:

LAW ON THE RESOLUTION OF CLAIMS RELATING TO PRIVATE IMMOVABLE PROPERTY, INCLUDING AGRICULTURAL ANO COMMERCIAL PROPERTY

Article 3

Section 2 of the Regulation shall be replaced by the following Section 2:

The Kosovo Property Agency established pursuant to UNMIK Regulation No. 2006/1 O shall function as an independent agency under article 142 of the Constitution.

Article 4

Section 5.2 of the Regulation shall be replaced by the following Section 5.2:

5.2 The Supervisory Board shall be composed of five (5) members, appointed by the Assembly upon nomination by the Prime Minister. Unti) the end of international supervision of the implementation of the Comprehensive Proposal for the Kosovo Status Settlement, dated 26

March 2007, three members of the Supervisory Board, including the Chairperson, shall be appointed by the International Civilian Representative.

Article 5

Section 5.3 of the Regulation shall be deleted.

Article 6

Sections 5.4 and 5.5 of the Regulation shall be renumbered appropriately.

Article 7

Section 5.6 of the Regulation shall be replaced in its entirety by the following Section 5.5:

5.5 Members of the Supervisory Board may be removed from office by t heir respective appointing authority as stipulated in section 5.2 above ifhe or she:

a) becomes ineligible to serve as a member of the Supervisory Board under section 5.5;

b) Uses his or her office in a manner that is not consistent with the official duties and responsibilities set out in the present Law; or

c) neglects his or her duties under the present Law.

Article 8

Section 6.1 of the Regulation shall be replaced in its entirety by the following Section 6.1:

6.1 The Executive Secretariat shall have a Director and a Deputy Director, each of whom shall be appointed by the Assembly on the nomination by the Prime Minister. Unti! the end of international supervision of the implementation of the Comprehensive Proposal for the Kosovo Status Settlement, dated 26 March 2007, the Director of the Executive Secretariat shall be appointed by the International Civilian Representative.

Article 9

Section 6.3 of the Regulation shall be replaced in its entirety by the following Section 6.3:

6.3 The duties and responsibilities of the Executive Secretariat may be set out in detail m subsidiary legislation.

Article 10

Section 7.1 of the Regulation shall be replaced in its entirety by the following Section 7.1:

7.1 The Commission shall be composed of three (3) members. They shall be appointed by the Assembly upon nomination by the President of the Supreme Court of t he Republic of Kosovo. Until the end of international supervision of the implementation of the Comprehensive Proposal for the Kosovo Status Sett1ement, dated 26 March 2007, two of the three members, including its chairperson, shall be appointed by the International Civilian Representative.

Article 11

Section 7.2 of the Regulation shall be replaced in its entirety by the following Section 7.2:

7.2 Members of the Commission shall be experts in the field of housing and propertyy law and competent to hold judicial office.

Article 12

Section 7.3 of the Regulation shall be deleted.

Article 13

Section 7.4 of the Regulation shall be replaced in its entirety by the following Section 7.3:

7.3 The Assembly, in consultation wit h the Commission, and with the Internationa l Civilian Representative until the end of international supervision of the implementation of the Comprehensive Proposal for the Kosovo Status Settlement, dated 26 March 2007, may establish additional panels of the Commission, whose members shall be appointed pursuant to sections 7.1 and 7.2.

Article 14

Section 8. 1 of the Regulation shall be replaced in its entirety by the following Section 8.1:

8.1 Members of the Commission shall be appointed by their respective appointing authority as stipulated in sect ion 7.l above for an initial term of one year and they may be re-appointed for one or more additional terms.

Article 15

Section 8.2 of the Regulation shall be replaced in its entirety by the following Section 8.2:

8.2 Members of the Commission may be removed from office by their respective appointing authority as stipulated in section 7.1 above on the recommendation of a majority of the members of the Commission for failure to meet the qualifications for office or for persistent and unjustified failure to perform the duties of office.

Article 16

Section 1 2.8 of the Regulation shall be replaced in its entirety by the following Section 12.8:

1 2.8 The Supreme Court of Kosovo shall decide on appeals in a panel of three (3) judges to be appointed by the President of the Supreme Court of Kosovo. Until the end of international supervision of the implementation of the Comprehensive Proposal for the Kosovo Status Settlement, dated 26 March 2007, two of the three judges shall be international representatives appointed by the International Civilian Representative.

Article 17

In Section 13.5 of the Regulation, the phrase "Administrative Direction" shall be replaced by the phrase "subsidiary legislation."

Article 18

Section 20 oft he Regulation shall be replaced in its entirety by the following Section 20:

The present Law shall supersede any provision in the applicable law, which is inconsistent with it. A reference in an annex here to to UNMIK Regulation No. 2006/50 shall be deemed to refer to the present Law where so required.

Article 19

Section 21 of t he Regulation shall be replaced in its entirety by the following Section 21:

The Government may adopt subsidiary legislation for the implementation of t be present Law in addition to the annexes here to.

Article 20

Section 22 oft be Regulation shall be replaced in its entirely by the following Section 22:

"This Law shall enter into force after its publication in the Official Gazette of the Republic of Kosovo. To the extent required the Housing and Property Claims Commission shall continue to have authority, if any under the applicable law, to adjudicate claims which have already been submitted to the Housing and Property Directorate and to act on requests for reconsideration of decisions in accordance with UNMIK Regulation No. 2000/60.

Article 21

The text of the introductory sect ion of the Administrative Direction 2007/5 shall be replaced by the following:

"ANNEX I TO THE LAW ON THE RESOLUTION OF CLAIMS RELATING TO PRIVATE IMMOVABLE PROPERTY, INCLUDING AGRICULTURAL ANO COMMERCIAL PROPERTY

On The Implementation of the Law on the Resolution of Claims Relating to Private Immovable

Property, Including Agricultural and Commercial Property"

Article 22

In Section 7.3 of Annex I, the word Kosovo shall be added to the phrase "Supreme Court"

Article 23

In Section 8 of Annex I, the phrase "Special Representative of the Secretary-General" shall be replaced by the phrase "compete nt authority."

Article 24

In Section 10.2 of Annex I, the phrase "Administrative Direction" shall be replaced by the phrase

"Annex L"

Article 25

Section 26 of Annex I shall be deleted.

Article 26

The title "ANNEX III of ADMINTSTRATTVE DTRECTTON NO. 2007/5" shall be replaced by the following title: "ANNEX TI TO THE LAW ON THE RESOLUTTON OF CLAIMS RELATING TO PRIVATE IMMOVABLE PROPERTY, INCLUDING AGRICULTURAL ANO COMMERCIAL PROPERTY"

Article 27

In Section 3. I of Annex II, the phrase "Special Representative of the Secretary-General" shall be deleted.

Article 28

This Law shall enter into force on the day of publication in the Official Gazette of the Republic of Kosovo.