UNMIK/PR/1210
PRISTINA – A special three-member Panel acting under section 9.1.41 of the Constitutional Framework unanimously reached a Decision on 23 July 2004 on the Law on Road Transport.
Pursuant to section 9.1.39 of the Constitutional Framework, members of the Coalition Return submitted a motion challenging the Law on Road Transport adopted by the Assembly on 15 January 2004 on the grounds that its provisions violate the vital interests of the Kosovo-Serb Community. A special three-member Panel took up the matter. It consisted of representatives of Coalition Return and the Government as sponsor of the Law and a presiding member designated by the Special Representative of the Secretary-General. The Presiding Member was Mr. Owen Masters, Head of Office of the Council of Europe in Kosovo. The UNMIK Legal Adviser provided guidance to the Panel to facilitate its work.
The Panel was convened on 22 and 23 July 2004. After full consideration of the arguments presented by Coalition Return and the Government, it reached a Decision which consisted of nine recommendations on the Law which provide a basis for the adoption of the Law in a form in which the vital interests of the Serb Community are adequately safeguarded. Recommendations are made for the reformulation of provisions and terminology which are not fully in conformity with UN Security Council resolution 1244(1999) and the Constitutional Framework. Revisions have also been recommended which require due account to be taken of the rights and interests of Communities in the field of road transport.
In January and February 2004 Coalition Return submitted Motions under section 9.1.39 of the Constitutional Framework on the Anti-Discrimination Law, the Kosovo Health Law and the Law on Road Transport. The procedures invoked by these Motions, which were delayed as a consequence of the March events, have now been completed so as to clear the way for the promulgation of all three Laws. It is encouraging that in each case a consensus was reached with both Coalition Return and the Government making constructive contributions.