UNMIK/REG/2000/57

6 October 2000

REGULATION NO. 2000/57

AMENDING UNMIK REGULATION NO. 1999/7 ON APPOINTMENT AND REMOVAL FROM OFFICE OF JUDGES AND PROSECUTORS

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council Resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

Having promulgated UNMIK Regulation No. 1999/7 on Appointment and Removal From Office of Judges and Prosecutors of 7 September 1999,

For the purpose of establishing an independent and multi-ethnic judiciary in Kosovo,

Hereby amends section 3.3 of UNMIK Regulation No. 1999/7,

Consequently, the regulation will have the following wording as of the date on which the present regulation enters into force:

REGULATION NO. 1999/7

ON APPOINTMENT AND REMOVAL FROM OFFICE

OF JUDGES AND PROSECUTORS

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council Resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

For the purpose of establishing an independent and multi-ethnic judiciary in Kosovo,

Hereby promulgates the following:

Section 1

The Advisory Judicial Commission

1.1 The Advisory Judicial Commission (hereinafter called the Commission) is hereby established to advise the Special Representative of the Secretary-General on matters related to the appointment of judges and prosecutors as required, as well as on complaints, if any, against any judge or prosecutor. Upon request from the Special Representative of the Secretary-General, the Commission may tender advice on other issues related to the judicial system.

1.2 The Commission shall be independent in the exercise of its functions.

Section 2

Composition

2.1 The Commission shall be composed of eight local and three international experts. The composition of the Commission shall be multi-ethnic and reflect varied legal expertise. Both local and international members of the Commission shall be distinguished legal professionals meeting the highest standards of efficiency, competence and integrity. They shall be independent and impartial. They shall not hold public office or any other position incompatible with their functions as members of the Commission.

2.2 The individual members shall be selected and appointed by the Special Representative of the Secretary-General in accordance with the above principles after appropriate consultations.

Section 3

Appointment and term of office

3.1 Upon appointment, each member of the Commission shall subscribe to a solemn oath or declaration before the Special Representative of the Secretary-General. The form of the oath or declaration shall be as follows:

"I solemnly declare and promise to discharge the functions entrusted to me by UNMIK regulation 1999/7 of 7 September 1999, as amended, strictly according to its terms and not to seek or accept instructions in regard to the performance of these duties from any source other than the Special Representative of the Secretary-General".

3.2 If the Special Representative of the Secretary-General becomes aware of evidence that indicates that a member of the Commission has failed to comply with his or her obligations under the present regulation the Special Representative of the Secretary-General shall inform the member of the charge and consider the member's response before taking any action other than temporary suspension of the member pending resolution of the charge. The Special Representative of the Secretary-General may remove the member from office if he considers that the charge is established.

3.3 The term of office of the members of the Commission shall be one year. This term may be extended for such period(s) as the Special Representative of the Secretary-General may determine.

Section 4

Procedural issues

4.1 The Commission shall adopt its rules of procedure.


The Commission may as necessary form committees for the efficient discharge of

its duties.


The Commission shall convene meetings as required or upon request by the Special

Representative of the Secretary-General.

Section 5

Functions and objectives

5.1 The Commission shall invite, by public announcement, applications of legal professionals in Kosovo for service as judges or prosecutors. It shall review the individual applications and make its recommendation in writing to the Special Representative of the Secretary-General on candidates indicating the reasons therefor.

5.2 In reviewing individual applications, the Commission members shall be guided by UNMIK’s goal to establish a professional, independent, impartial and multi-ethnic judiciary and prosecution service.

Section 6

Criteria for selection of candidates

6.1 Applicants for service as judges or prosecutors shall satisfy the following criteria:


have a university degree in law;


have passed the examination for candidates for the judiciary, or, in the case of applicants for the position of a judge in the Minor Offences Court, have passed the professional examination;


be of high moral integrity;


not have a criminal record;


not have participated in discriminatory measures, or applied any repressive law or have implemented dictatorial policies;


not be registered with any political party or otherwise engage in political activity.


6.2 Except in the case of positions in the Minor Offences Court, applicants should have

relevant work experience in the field of law, i.e. three years for the position of a Municipal Court judge (or prosecutor) or of a judge of Minor Offences Appeals body, seven years for the position of a District Court judge (or prosecutor) and four years for the position of a Commercial Court judge.

Section 7

Appointment and removal from office of judges and prosecutors

7.1 The Special Representative of the Secretary-General shall appoint judges and prosecutors taking into account the recommendation of the Commission under section 5.1 above.

7.2 A judge or prosecutor shall not hold any other public or administrative office or engage in any occupation of a professional nature, whether remunerative or not, or otherwise engage in any activity incompatible with his or her functions.

7.3 A complaint regarding a judge shall be referred to the Special Representative of the Secretary-General, who shall consult the Commission. After investigating the complaint, the Commission shall make an appropriate recommendation to the Special Representative of the Secretary-General, bearing in mind that no judge may be removed from office except on the ground of:

a) physical or mental incapacity which is likely to be permanent or prolonged;


b) serious misconduct;


c) failure in the due execution of office; or


d) having been placed, by personal conduct or otherwise, in a position


incompatible with the due execution of office.

7.4 The above procedure shall also be followed mutatis mutandis in the case of a complaint against a prosecutor.

7.5 The Special Representative of the Secretary-General may remove from office a judge or prosecutor after taking into account the recommendation of the Commission under section 7.3 or 7.4 above.

Section 8

Emoluments and facilities


The honorarium to be paid to the members of the Commission shall be determined by

the Special Representative of the Secretary-General.

8.2 The facilities required for the functioning of the Commission shall be provided by the Special Representative of the Secretary-General.

Section 9

Applicable law

This regulation shall supersede any provision in the applicable laws relating to the appointment and removal from office of judges and prosecutors which is inconsistent with it.

Section 10

Final and transitional provisions


This regulation shall enter into force on 7 September 1999.

10.2 UNMIK emergency decrees 1999/1, 1999/2 are hereby repealed. However, judges,

prosecutors and other judicial personnel provisionally appointed pursuant to these decrees shall continue to hold office until their respective terms expire.

__________________________

The present regulation shall enter into force on 6 October 2000.

Bernard Kouchner

Special Representative of the Secretary-General