ON RECOMMENDATIONS FOR THE STRUCTURE AND ADMINISTRATION OF THE JUDICIARY AND PROSECUTION SERVICE

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 on the Authority of the Interim Administration in Kosovo,

For the purpose of enhancing the administration of justice in Kosovo,

Hereby promulgates the following:

Section 1

THE TECHNICAL ADVISORY COMMISSION ON JUDICIARY AND PROSECUTION SERVICE

The Technical Advisory Commission on Judiciary and Prosecution Service (hereinafter called the Commission) is hereby established to advise the Special Representative of the Secretary-General on the structure and administration of the judiciary and the prosecution service in Kosovo.

Section 2

COMPOSITION

The Commission shall be composed of ten local and five international members, chosen for their integrity, professional skills and experience. The Commission’s composition shall also adequately reflect knowledge of the structure and working hitherto of the judiciary and the prosecution service.

Section 3

APPOINTMENT

The individual members shall be selected and appointed by the Special Representative of the Secretary-General in accordance with the criteria specified in section 2 above, after appropriate consultations.

Section 4

RULES OF PROCEDURE

The Commission shall adopt its rules of procedure.

Section 5

TERMS OF REFERENCE

5.1 The Commission shall:

(a) In the light of the existing conditions, assess the present and long term requirements of Kosovo as regards the number, levels and categories of judicial bodies;

(b) Advise on the early re-establishment of the Supreme Court for Kosovo after appropriate joint consultations with the Advisory Judicial Commission and the Special Joint Advisory Council on Legislative Matters;

5.2 The Commission shall submit its report and recommendations, with the reasons therefor, to the Special Representative of the Secretary-General and shall use its best efforts to submit the report within thirty days after its constitution.

Section 6

HONORARIUM AND FACILITIES

6.1 The honorarium to be paid to the members of the Commission shall be determined by the Special Representative of the Secretary-General.

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

Section 7

FINAL PROVISION

This regulation shall enter into force on 7 September 1999.

Bernard Kouchner

Special Representative of the Secretary-General