Under the new mandate of the Mission, EULEX judges and prosecutors continue to be embedded in Kosovo institutions and serve in accordance with Kosovo law until complete transition of functions to the competent Kosovo’s authorities. EULEX judges and prosecutors adjudicate and prosecute constitutional, civil justice (property disputes and privatisation matters), and selected highly sensitive criminal cases (war crimes, terrorism, inter-ethnic crimes, organised crime and corruption) both exclusively and jointly with the Kosovo counterpart.
All cases, over which EULEX since 15 April 2014 no longer has jurisdiction, will continue to be dealt with exclusively by the judicial and prosecutorial authorities of Kosovo. The EULEX Chief Prosecutor will identify on-going cases that can be transferred to Kosovo prosecution. Some of these cases will be monitored by the Strengthening Division. The EULEX Chief Prosecutor is competent to request under extraordinary circumstances, defined by law, for new cases to be assigned to EULEX prosecutors. Similarly, the President of the EULEX Judges can request to the Kosovo Judicial Council the presence of EULEX judges on the court panels for ongoing or new cases. Joint cases are investigated and prosecuted by mixed teams, consisting of Kosovo prosecution authorities and EULEX prosecutors. In these cases, the Executive Division mentors the Kosovo counterparts in the form of peer-to-peer cooperation.
Upon the appointment and integration of judicial personnel to the Mitrovica Basic Court and Prosecution Office, all EULEX cases in Mitrovica region will be considered as joint cases.
In the area of civil justice, the mandate of EULEX judges is restricted to cases falling within the jurisdiction of the Special Chamber of the Supreme Court on Kosovo Privatisation Agency related matters. In addition, the Executive Division is responsible for cases falling within the jurisdiction of the Appeal Panels relating to decisions from the Kosovo Property Claims Commission.
The Deputy Head of the Executive Division of the Police is responsible for implementing the Mission’s mandate in the executive police area. He is a direct counterpart of the Kosovo Police General Director.
EULEX Police supports the investigation and prosecution of EULEX sensitive criminal cases. It maintains a Witness Protection Programme and fosters contacts with the police authorities in the region and beyond, including EUROPOL and INTERPOL. EULEX Police provides assistance to the Institute of Forensic Medicine. Its Formed Police Unit deals with limited public disorder incidents and assists Kosovo’s Crowd and Riot Control Police in Kosovo.
EULEX forensic experts embedded in the Institute of Forensic Medicine carry out their executive functions in solving the cases of missing persons in Kosovo.
Head of the Executive Division is Dr. Katja Dominik. Deputy Head and Chief EULEX Prosecutor is Claudio Pala. Deputy Head of Executive Division (Police) is Cezary Luba. Malcolm Simmons is President of EULEX Judges.
The executive role of the Mission will gradually decrease as Kosovo’s rule of law institutions develop and take on more responsibilities in these areas.
The Executive Division supports implementation of best European practices concerning human rights and other relevant legal principles. The Division works to support Kosovo authorities through international cooperation in police and justice issues.