UNMIK/PR/1123
PRISTINA – The Assembly of Kosovo has acted outside its legislative competence by approving legislation on cooperation with the International Criminal Tribunal for the former Yugoslavia as a Law of the Assembly.
Legislation on cooperation with the International Criminal Tribunal for the former Yugoslavia is a subject-matter that falls under the reserved powers of UNMIK and the Special Representative of the Secretary-General. Accordingly, such legislation can only be promulgated in the form of an UNMIK Regulation and not as an Assembly Law. This was clearly explained at the outset to the Provisional Institutions of Self-Government when the draft legislation was being developed by the Government in coordination with UNMIK.
It was accordingly the shared understanding of UNMIK and the Government that the Constitutional Framework would be respected and that the draft legislation would be reviewed by the Assembly and returned by the Government to UNMIK in the form of a legislative proposal for promulgation as an UNMIK Regulation.