Pursuant to Law on the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo related matters no. 04/L-033, dated 31 August 2011, was established the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo related matters, which as provided by Article 21.2 of Law on Courts no. 03/L-199 is a part of the Supreme Court of Kosovo. This institution of justice is a successor to carry out the work of the Special Chamber of the Supreme Court of Kosovo on Kosovo Trust Agency related matters, established pursuant to UNMIK Regulation no. 2002/13, amended by UNMIK Regulation no. 2008/4.
Subject matter jurisdiction of the Special Chamber of the Supreme Court of Kosovo is set forth by Article 4 of the Law on Special Chamber of the Supreme Court. In virtue of this Article, the SCSC shall review claims and complaints arising from or related to the conduct of the privatization process of the Socially-Owned Enterprises by the KTA or the Agency, claims or complaints related to entitlements of employees under Section 10 of Regulation no. 2003/13, general property and credit claims related to an enterprise or corporation, complaints and other matters arising from or related to organization and restructuring of a socially-owned enterprise pursuant to UNMIK Regulation no. 2005/48.
Article 3 of the Law on Special Chamber is amended by Article 6 of the Law No. 04/L-273 on Amending and Supplementing the Laws related to the Mandate of the European Union Rule of Law Mission in the Republic of Kosovo. Pursuant to these legal amendments, the SCSC shall have thirteen local judges and seven international judges whereof ten local judges in the first instance, three local judges in the second instance, five international judges in the first instance and two international judges in the second instance.
The SCSC has five Specialized Panels as follows:
1. The Specialized Panel which reviews claims and other matters related to privatization process;
2. The Specialized Panel which reviews claims and other matters related to employees’ rights pursuant to Article 10 of UNMIK Regulation no. 2003/13 or in accordance with successive legislation providing such entitlements;
3. The Specialized Panel which reviews general property and credit claims;
4. The Specialized Panel which reviews claims and other matters related to liquidation of an enterprise, conducted by the KTA pursuant to Regulation on KTA or by the Agency pursuant to Law on the Privatization Agency of Kosovo; and
5. The Specialized Panel which reviews all claims and other matters initiated in accordance with or within the scope of UNMIK Regulation no. 2005/48 or its successive laws, to include all claims, matters, cases, subjects and procedures arising from or related to a case in accordance with or within the scope of such Regulation or successive legislation.
The Specialized Panels, as a first instance, consist of three judges, two locals and one international. The Specialized Panel is presided over by a local judge.
The Appellate Panel, as a second instance, consists of five judges, three locals and two international. Pursuant to Article 3.12 of the Law on Special Chamber, the President of the Special Chamber shall serve as the presiding judge of the Appellate Panel.
The SCSC has its management bodies: President, Presidium, Administrator, Head of the Registry, and Deputy Head of the Registry.
The SCSC Presidium is comprised of the Court President and the presiding judges of the five Specialized Panels.
Pursuant to Article 3.5 of the Law on Special Chamber, the President of the Special Chamber is chosen by the judges of the Special Chamber. The Special Chamber Law is silent on an issue pertaining to mandate of President of the Special Chamber.
Pursuant to Article 3.9 of the Law on Special Chamber, the President of the Special Chamber shall assign each specialized panel primary jurisdiction within the Special Chamber over one of the subject areas under the SCSC jurisdiction.
The President of the Special Chamber shall, after consultation with the Head of the Kosovo Judicial Council, appoint judges chosen for the SCSC to serve as members of the Appellate Panel. Pursuant to other provisions of the Law on the Special Chamber, provisions of the Annex to the Law on Special Chamber, and Regulation on internal organization of the courts, the President of the Special Chamber shall exercise other legal duties related to management and work organization of the court.
Pursuant to Article 10 of the Law on Special Chamber, the Presidium shall issue rules for and make determinations on the allocation of cases to Specialized Panels; issue instructions on the substitution of judges, decide on applications to recuse a judge and lay down criteria to be followed by a Specialized Panel when assigning the conduct of proceedings to a Sub-panel or Single Judge; adopt and issue additional rules and practice directions in particular with respect to special proceedings under Articles 68 through 70 of the Annex; issue procedural rulings for matters or issues not expressly covered by this Annex which clarify or supplement this Annex; perform the other functions assigned to the Presidium by the Special Chamber Law.
The Presidium of the Special Chamber, as provided by Article 8 of the Law on Special Chamber, shall direct the administration of the Special Chamber. Pursuant to Article 57.2 of the Annex to the Special Chamber Law, the SCSC Presidium also establishes a written schedule on court expenses and submits it to the Kosovo Judicial Council for approval.
The Presidium shall take decisions by a simple majority of a quorum. A quorum shall exist if three or more members of the Presidium are present. If the Presidium is not able to reach a decision in time, the President shall take such decision and present it to the Presidium for approval. Any decision taken by the President shall be in force until the Presidium decides otherwise.