REGULATION NO. 1999/7
UNMIK/REG/1999/7
7
September 1999
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 establishing an independent and
multi-ethnic judiciary in Kosovo,
Hereby promulgates the following:
Section 1
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
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
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 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 renewed.
Section 4
4.1 The
Commission shall adopt its rules of procedure.
4.2 The
Commission may as necessary form committees for the efficient discharge of its
duties.
4.3 The
Commission shall convene meetings as required or upon request by the Special
Representative of the Secretary-General.
Section 5
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
6.1 Applicants
for service as judges or prosecutors shall satisfy the following criteria:
(a)
Have
a university degree in law;
(b)
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;
(c)
Be
of high moral integrity;
(d)
Not
have a criminal record;
(e)
Not
have participated in discriminatory measures, or applied any repressive law or
have implemented dictatorial policies;
(f)
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
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
8.1 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
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
10.1 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.
Bernard Kouchner
Special Representative of the Secretary-General