Article
1
Use of terms
For the purpose of this Agreement:
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a)
“the “Kosovo Relocated Specialist Judicial Institution” means the relocated criminal proceedings from Kosovo which comprise the Specialist Chambers including judges” Chambers and a Registry, and the Specialist Prosecutor’s Office;
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b)
“Law No. 05/L-053” means Kosovo Law No. 05/L-053 on Specialist Chambers and Specialist Prosecutor’s Office adopted on 3 August 2015;
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c)
“Host State” means the Kingdom of the Netherlands;
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d)
“Parties” means the Republic of Kosovo and the Host State;
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e)
“judges” means the judges of the Kosovo Relocated Specialist Judicial Institution;
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f)
“the President” means the President of the Kosovo Relocated Specialist Judicial Institution referred to as such in the Law No. 05/L-053;
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g)
“the Specialist Prosecutor” means the Prosecutor of the Kosovo Relocated Specialist Judicial Institution referred to in Law No. 05/L-053;
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h)
“the Deputy Specialist Prosecutor” means the Deputy Prosecutor of the Kosovo Relocated Specialist Judicial Institution referred to in Article 4(3) of Law No. 05/L-053;
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i)
“the Registrar” means the Registrar of the Kosovo Relocated Specialist Judicial Institution referred to in Law No. 05/L-053;
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j)
“the Deputy Registrar” means the Deputy Registrar of the Kosovo Relocated Specialist Judicial Institution referred to in Article 4(3) of Law No. 05/L-053;
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k)
“EULEX” means the European Union Rule of Law Mission in Kosovo established by European Union Council Joint Action 2008/124/CFSP of 4 February 2008 and operating in the Republic of Kosovo pursuant to exchanges of letters between the President of the Republic of Kosovo and the High Representative of the European Union for Foreign Affairs and Security Policy dated 4 September 2012 and 14 April 2014;
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l)
“staff” means the staff of the Kosovo Relocated Specialist Judicial Institution including persons seconded and contracted by EULEX to work at the Kosovo Relocated Specialist Judicial Institution;
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m)
“witnesses“ and “victims” means persons designated as such by the Kosovo Relocated Specialist Judicial Institution;
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n)
“counsel” means defence counsel and victims counsel;
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o)
“experts” means persons, other than staff, designated as such on a temporary basis by the Kosovo Relocated Specialist Judicial Institution;
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p)
“suspect” means a person referred to as such in Law No. 05/L-053;
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q)
“accused” means a person referred to as such in Law No. 05/L-053;
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r)
“interns” means undergraduates or postgraduates who, not being staff, have been accepted by the Kosovo Relocated Specialist Judicial Institution into its internship programme for the purpose of performing certain tasks on a temporary basis in the Specialist Chambers, the Specialist Prosecutor’s Office or the Registry;
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s)
“premises” means buildings, parts of buildings and areas, including installations and facilities made available to, maintained, occupied or used by the Kosovo Relocated Specialist Judicial Institution in the Host State in connection with its functions and purposes;
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t)
“private servant” means domestic worker in the personal employ of a judge, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar, or, in consultation with the Host State, staff of a comparable rank to a diplomatic agent under the Vienna Convention, whose stay in the Netherlands is tied to the stay of the judge, the Specialist Prosecutor, the Deputy Specialist Prosecutor, the Registrar, the Deputy Registrar or such staff;
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u)
“family member forming part of the household” means the person defined as such in the Protocol Guide of the Netherlands in accordance with the Vienna Convention on Diplomatic Relations;
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v)
“Ministry of Foreign Affairs” means the Ministry of Foreign Affairs of the Kingdom of the Netherlands;
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w)
“competent authorities” means national, provincial, municipal and other competent authorities under the laws, regulations and customs of the Host State;
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x)
“Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961.