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Interim-verdrag tussen het Koninkrijk der Nederlanden en de Republiek Kosovo betreffende de vestiging van de Kosovo Relocated Specialist Judicial Institution in Nederland, Pristina, 26-01-2016
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Inhoudsopgave
Interim Agreement between the Kingdom of the Netherlands and the Republic of Kosovo concerning the Hosting of the Kosovo Relocated Specialist Judicial Institution in the Netherlands
Article 1. Use of terms
Article 2. Purpose and scope of this Agreement
Article 3. Seat of the Kosovo Relocated Specialist Judicial Institution
Article 4. Juridical personality
Article 5. Privileges, immunities and facilities
Article 6. Inviolability of the premises
Article 7. Protection of the premises and their vicinity
Article 8. Law and authority on the premises
Article 9. Public services for the premises
Article 10. Flag, emblem and markings
Article 11. Funds, assets and other property
Article 12. Inviolability of archives, documents and materials
Article 13. Facilities in respect of communications
Article 14. Freedom of financial assets from restrictions
Article 15. Exemption from taxes and duties for the Kosovo Relocated Specialist Judicial Institution and its property
Article 16. Exemption from import and export restrictions
Article 17. Privileges, immunities and facilities of the judges, the Specialist Prosecutor, Deputy Specialist Prosecutor, and the Registrar and the Deputy Registrar
Article 18. Privileges, immunities and facilities of staff
Article 19. Personnel recruited locally and not otherwise covered by this Agreement
Article 20. Interns
Article 21. Experts
Article 22. Counsel and persons assisting counsel
Article 23. Persons other than suspects, accused, witnesses and victims who are required to be present at the seat of the Kosovo Relocated Specialist Judicial Institution
Article 24. Employment of Family members of the judges, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar and staff
Article 25. Exceptions to immunities
Article 26. Waiver of privileges, immunities and facilities provided for in Articles 17, 18, 19, 20, 21, 22 and 23
+ SECTION 1. : GENERAL
+ SECTION 2. : VISAS, PERMITS AND OTHER DOCUMENTS
+ SECTION 3. : SECURITY, OPERATIONAL ASSISTANCE
Article 35. Supplementary arrangements and agreements
Article 36. Settlement of disputes with third Parties
Article 37. Settlement of differences on the interpretation or application of this Agreement or its supplementary arrangements or agreements
Article 38. Costs
Article 39. Application
Article 40. Amendments
Article 41. Entry into force
Article 42. Duration and termination

Geschiedenis-overzicht

Interim-verdrag tussen het Koninkrijk der Nederlanden en de Republiek Kosovo betreffende de vestiging van de Kosovo Relocated Specialist Judicial Institution in Nederland, Pristina, 26-01-2016



 
 
Article 1. Use of terms
For the purpose of this Agreement: 
a) “the “Kosovo Relocated Specialist Judicial Institution” means the relocated criminal proceedings from Kosovo which comprise the Specialist Chambers including judges” Chambers and a Registry, and the Specialist Prosecutor’s Office; 
a) “the “Kosovo Relocated Specialist Judicial Institution” means the relocated criminal proceedings from Kosovo which comprise the Specialist Chambers including judges” Chambers and a Registry, and the Specialist Prosecutor’s Office; 
b) “Law No. 05/L-053” means Kosovo Law No. 05/L-053 on Specialist Chambers and Specialist Prosecutor’s Office adopted on 3 August 2015; 
b) “Law No. 05/L-053” means Kosovo Law No. 05/L-053 on Specialist Chambers and Specialist Prosecutor’s Office adopted on 3 August 2015; 
c) “Host State” means the Kingdom of the Netherlands; 
c) “Host State” means the Kingdom of the Netherlands; 
d) “Parties” means the Republic of Kosovo and the Host State; 
d) “Parties” means the Republic of Kosovo and the Host State; 
e) “judges” means the judges of the Kosovo Relocated Specialist Judicial Institution; 
e) “judges” means the judges of the Kosovo Relocated Specialist Judicial Institution; 
f) “the President” means the President of the Kosovo Relocated Specialist Judicial Institution referred to as such in the Law No. 05/L-053; 
f) “the President” means the President of the Kosovo Relocated Specialist Judicial Institution referred to as such in the Law No. 05/L-053; 
g) “the Specialist Prosecutor” means the Prosecutor of the Kosovo Relocated Specialist Judicial Institution referred to in Law No. 05/L-053; 
g) “the Specialist Prosecutor” means the Prosecutor of the Kosovo Relocated Specialist Judicial Institution referred to in Law No. 05/L-053; 
h) “the Deputy Specialist Prosecutor” means the Deputy Prosecutor of the Kosovo Relocated Specialist Judicial Institution referred to in Article 4(3) of Law No. 05/L-053; 
h) “the Deputy Specialist Prosecutor” means the Deputy Prosecutor of the Kosovo Relocated Specialist Judicial Institution referred to in Article 4(3) of Law No. 05/L-053; 
i) “the Registrar” means the Registrar of the Kosovo Relocated Specialist Judicial Institution referred to in Law No. 05/L-053; 
i) “the Registrar” means the Registrar of the Kosovo Relocated Specialist Judicial Institution referred to in Law No. 05/L-053; 
j) “the Deputy Registrar” means the Deputy Registrar of the Kosovo Relocated Specialist Judicial Institution referred to in Article 4(3) of Law No. 05/L-053; 
j) “the Deputy Registrar” means the Deputy Registrar of the Kosovo Relocated Specialist Judicial Institution referred to in Article 4(3) of Law No. 05/L-053; 
k) “EULEX” means the European Union Rule of Law Mission in Kosovo established by European Union Council Joint Action 2008/124/CFSP of 4 February 2008 and operating in the Republic of Kosovo pursuant to exchanges of letters between the President of the Republic of Kosovo and the High Representative of the European Union for Foreign Affairs and Security Policy dated 4 September 2012 and 14 April 2014; 
k) “EULEX” means the European Union Rule of Law Mission in Kosovo established by European Union Council Joint Action 2008/124/CFSP of 4 February 2008 and operating in the Republic of Kosovo pursuant to exchanges of letters between the President of the Republic of Kosovo and the High Representative of the European Union for Foreign Affairs and Security Policy dated 4 September 2012 and 14 April 2014; 
l) “staff” means the staff of the Kosovo Relocated Specialist Judicial Institution including persons seconded and contracted by EULEX to work at the Kosovo Relocated Specialist Judicial Institution; 
l) “staff” means the staff of the Kosovo Relocated Specialist Judicial Institution including persons seconded and contracted by EULEX to work at the Kosovo Relocated Specialist Judicial Institution; 
m) “witnesses“ and “victims” means persons designated as such by the Kosovo Relocated Specialist Judicial Institution; 
m) “witnesses“ and “victims” means persons designated as such by the Kosovo Relocated Specialist Judicial Institution; 
n) “counsel” means defence counsel and victims counsel; 
n) “counsel” means defence counsel and victims counsel; 
o) “experts” means persons, other than staff, designated as such on a temporary basis by the Kosovo Relocated Specialist Judicial Institution; 
o) “experts” means persons, other than staff, designated as such on a temporary basis by the Kosovo Relocated Specialist Judicial Institution; 
p) “suspect” means a person referred to as such in Law No. 05/L-053; 
p) “suspect” means a person referred to as such in Law No. 05/L-053; 
q) “accused” means a person referred to as such in Law No. 05/L-053; 
q) “accused” means a person referred to as such in Law No. 05/L-053; 
r) “interns” means undergraduates or postgraduates who, not being staff, have been accepted by the Kosovo Relocated Specialist Judicial Institution into its internship programme for the purpose of performing certain tasks on a temporary basis in the Specialist Chambers, the Specialist Prosecutor’s Office or the Registry; 
r) “interns” means undergraduates or postgraduates who, not being staff, have been accepted by the Kosovo Relocated Specialist Judicial Institution into its internship programme for the purpose of performing certain tasks on a temporary basis in the Specialist Chambers, the Specialist Prosecutor’s Office or the Registry; 
s) “premises” means buildings, parts of buildings and areas, including installations and facilities made available to, maintained, occupied or used by the Kosovo Relocated Specialist Judicial Institution in the Host State in connection with its functions and purposes; 
s) “premises” means buildings, parts of buildings and areas, including installations and facilities made available to, maintained, occupied or used by the Kosovo Relocated Specialist Judicial Institution in the Host State in connection with its functions and purposes; 
t) “private servant” means domestic worker in the personal employ of a judge, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar, or, in consultation with the Host State, staff of a comparable rank to a diplomatic agent under the Vienna Convention , whose stay in the Netherlands is tied to the stay of the judge, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar or such staff; 
t) “private servant” means domestic worker in the personal employ of a judge, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar, or, in consultation with the Host State, staff of a comparable rank to a diplomatic agent under the Vienna Convention , whose stay in the Netherlands is tied to the stay of the judge, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar or such staff; 
u) “family member forming part of the household” means the person defined as such in the Protocol Guide of the Netherlands in accordance with the Vienna Convention on Diplomatic Relations ; 
u) “family member forming part of the household” means the person defined as such in the Protocol Guide of the Netherlands in accordance with the Vienna Convention on Diplomatic Relations ; 
v) “Ministry of Foreign Affairs” means the Ministry of Foreign Affairs of the Kingdom of the Netherlands; 
v) “Ministry of Foreign Affairs” means the Ministry of Foreign Affairs of the Kingdom of the Netherlands; 
w) “competent authorities” means national, provincial, municipal and other competent authorities under the laws, regulations and customs of the Host State; 
w) “competent authorities” means national, provincial, municipal and other competent authorities under the laws, regulations and customs of the Host State; 
x) “Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961. 
x) “Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961. 
1.
This Agreement shall regulate matters relating to the preparation of the establishment and the proper functioning of the Kosovo Relocated Specialist Judicial Institution in the Host State. It shall, inter alia, create conditions conducive to the stability and independence of the Kosovo Relocated Specialist Judicial Institution and facilitate its smooth and efficient functioning in the Host State in the preparatory phase, including for persons to be present at its seat and for the transfer of information and materials, potential evidence and evidence into and out of the Host State. 
1.
This Agreement shall regulate matters relating to the preparation of the establishment and the proper functioning of the Kosovo Relocated Specialist Judicial Institution in the Host State. It shall, inter alia, create conditions conducive to the stability and independence of the Kosovo Relocated Specialist Judicial Institution and facilitate its smooth and efficient functioning in the Host State in the preparatory phase, including for persons to be present at its seat and for the transfer of information and materials, potential evidence and evidence into and out of the Host State. 
2.
The conduct of Pre-trial and Trial Proceedings shall not be allowed under this Agreement. The transport and detention of suspects, accused and detained witnesses, the enforcement of sentences and the legal status of witnesses and victims will be regulated in the Host State Agreement and any subsequent supplementary agreement(s) between the Parties. 
2.
The conduct of Pre-trial and Trial Proceedings shall not be allowed under this Agreement. The transport and detention of suspects, accused and detained witnesses, the enforcement of sentences and the legal status of witnesses and victims will be regulated in the Host State Agreement and any subsequent supplementary agreement(s) between the Parties. 
Article 3. Seat of the Kosovo Relocated Specialist Judicial Institution [Treedt in werking per 05-02-2016]
The Kosovo Relocated Specialist Judicial Institution shall have a seat in the Host State. 
Article 3. Seat of the Kosovo Relocated Specialist Judicial Institution
The Kosovo Relocated Specialist Judicial Institution shall have a seat in the Host State.