COMPETENCIES OF THE APPEALS PANEL OF THE SUPREME COURT OF KOSOVO

Appeals Panel operates within the Supreme Court of the Republic of Kosovo and adjudicates on decisions of the:

  •  Property Claims Commission of the Kosovo Property Agency (PCC), and
  •  Property Verification and Adjudication Commission (PVAC) of the Kosovo Property Comparison and Verification Agency.

The panel seeks resolving claims regarding Private Immovable Property and discrepancies between the original cadastral pre-June 1999 documents that were taken from Kosovo by Serbian authorities and the current cadastral documents in the Republic of Kosovo relating to private property, private commercial property and property private of religious communities.

The KPCC has the authority to resolve claims related to the conflict, which include circumstances directly related to or resulting from the armed conflict that has occurred in Kosovo. Therefore, the applicant is entitled to an order for repossession of the property, if he/she certifies the property right or the right to use the private property, and that is not able to exercise such property right, due to the circumstances directly related to or resulting from the armed conflict that occurred in Kosovo between 27 February 1998 and 20 June 1999.

After processing the claims of the parties by the KPA secretariat, verifying and processing them, the decision is taken by the Kosovo Property Claims Commission (hereinafter KPCC). Against the decision of the KPCC a party may file an appeal with the Supreme Court of Kosovo within thirty (30) days after receiving the decision.

Appeals Panel of the Supreme Court shall decide in a panel of three (3) judges who shall be appointed by the President of the Supreme Court of Kosovo.

The court decisions of this panel are final (cannot be challenged by regular or extraordinary legal remedies).

COMPETENCIES OF KOSOVO PROPERTY COMPARISON AND VERIFICATION AGENCY

Kosovo Property Comparison and Verification Agency compares and through Property Verification and Adjudication Commission (hereinafter PVAC) seeks resolving differences and discrepancies between the original cadastral pre June 1999 documents that were taken from Kosovo by Serbian authorities and the current cadastral documents in the Republic of Kosovo relating to private property, private commercial property and property private of religious communities.

The Property Claims Commission (hereinafter; the PCC) resolves the following categories of claims related to the Kosovo war, including circumstances directly related to or a consequence of it, between February 27, 1998 and 20 June 1999, which were previously filed before the Kosovo Property Agency, where the Applicant is currently unable to exercise such property rights.

It is envisaged that the PCC will continue to work and adjudicate on claims filed before the KPA, until all claims received are settled, activated as needed and paid for sessions held.

 According to Law no. 05/L-010, the Appellate Panel of the Supreme Court adjudicates on appeals:

  • Regarding the decisions of the Kosovo Property Claims Commission (PCC), and
  • Regarding the decisions of the Property Verification and Adjudication Commission (PVAC).

Notes: PVAC of the Kosovo Property Comparison and Verification Agency is not yet operational.

Legal framework and jurisdiction: