ON THE APPOINTMENT AND REMOVAL FROM OFFICE OF LAY JUDGES

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

ADDITIONAL POWERS OF THE ADVISORY JUDICIAL COMMISSION

In addition to the powers vested in it by UNMIK Regulation No. 1999/7 of 7 September 1999, the Advisory Judicial Commission (hereinafter called “the Commission”) shall advise the Special Representative of the Secretary-General on matters related to the appointment of lay judges as required, as well as on complaints, if any, against any lay judge.

Section 2

APPLICATIONS FOR POSITIONS AS LAY JUDGES

2.1 The Commission shall invite, by public announcement, applications of qualified candidates in Kosovo for service as lay judges. It may also accept recommendations from regional, municipal or judicial authorities and other bodies within the legal profession, of persons considered suitable to be interviewed for service as lay judges.

2.2 The Commission shall review the individual applications and make its recommendations in writing to the Special Representative of the Secretary-General on candidates indicating the reasons therefor.

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

Section 3

CRITERIA FOR SELECTION OF CANDIDATES FOR SERVICE AS LAY JUDGES

Applicants for service as lay judges shall satisfy the following criteria:

(a) They shall be at least eighteen (18) years of age at the date of submission of their application;

(b) They shall be of high moral integrity;

(d) They shall not have participated in discriminatory measures, or applied any repressive laws or have implemented dictatorial policies;

(e) They shall not be registered with any political party or otherwise engage in political activity;

(f) Lay judges who will be involved in adjudicating actions involving juveniles shall have professional qualifications and/or experience involving juveniles.

Section 4

APPOINTMENT AND REMOVAL OF LAY JUDGES

4.1 The Special Representative of the Secretary-General shall appoint lay judges taking into account the recommendations of the Commission under section 2.2 above.

4.2 A lay judge shall not engage in any activity incompatible with his or her functions.

4.3 A complaint regarding a lay 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 lay 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;

(d) Having been placed, by personal conduct or otherwise, in a position incompatible with the due execution of office.

4.4 The Special Representative of the Secretary-General may remove a lay judge from office after taking into account the recommendation of the Commission under section 4.3 above.

Section 5

EMOLUMENTS

The emoluments to be paid to lay judges shall be determined by the Special Representative of the Secretary-General.

Section 6

APPLICABLE LAW

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

Section 7

ENTRY INTO FORCE

The present regulation shall enter into force on 10 November 1999.

Bernard Kouchner

Special Representative of the Secretary-General