UNMIK/PR/771
PRISTINA - UNMIK has taken a step closer to creating a multiethnic judiciary after judicial officials in Serbia agreed to encourage Kosovo Serb judicial experts to apply for posts in the Kosovo judiciary.
Currently, of 320 judges and prosecutors serving in Kosovo, only three Kosovo Serbs are working as judges and one as a prosecutor (Fourteen more Kosovo Albanian judiciary are to be appointed and sworn in in August).
For the past three years, UNMIK has sought to ensure that Kosovo Serb judges reflect their community’s presence in Kosovo society, but a combination of fear and/or political directives has prevented their taking up posts here.
Regardless of ethnicity, any applicant for the post of judge or prosecutor must meet the criteria set out in UNMIK Regulation 2001/18, On the establishment of the Kosovo Judicial and Prosecutorial Council (KJPC).
The KJPC, comprised of 5 international, three Kosovo Albanian and one Kosovo Serb judicial experts, reviews all applications for posts of judge and prosecutor. It then creates a short list of candidates and interviews each candidate before making a recommendation for appointment.
The KJPC determines that applicants satisfy the following criteria:
- Have a university degree in law.
- Have passed the relevant examination for candidates for the judiciary
- Be of high moral integrity
- Not have been engaged in discriminatory practices
- Not have a criminal record
- Have three years of relevant work experience in the field of law for the position of a Municipal Court judge (or prosecutor) or of a judge of a Minor Offences Appeal body;
- Have seven years of relevant work experience in the field of law for the position of a District Court judge (or prosecutor).
The recommendations of the KJPC are then sent to the Kosovo Assembly for its consideration before any appointments are approved by the SRSG.
UNMIK has undertaken to encourage an expeditious resolution of the property claims of Kosovo Serb judicial candidates who have been deprived of their housing, within a six-month period. If that target is not met, UNMIK will seek to provide temporary housing until the claim is resolved. This conforms with UNMIK’s obligation to assist displaced persons to exercise their right to return.
UNMIK has also undertaken to do its utmost to help place family members of appointed Kosovo Serb judges and prosecutors in vacant civil service posts for which they’re qualified, in accordance with UNMIK Regulation 2001/19, which established the executive structures of the Provisional Institutions of self-Government.
No individual candidates, or specific numbers of candidates are assured appointments.
Salaries will be paid on the same basis as all Kosovo judiciary members.
