Report on the Work of the IJPC

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Eight hundred ninety-eight (898) individuals submitted a preliminary application. Aftercompletion of the required ethics and entrance examinations, there were 418 eligible candidatesfor 461 positions.A statistical summary of the work of the IJPC is set out in the following chart:Phase Advertised Appointed Re-appointed New Women MinoritiesPositionsAppointeesPhase I 33 26 (78,79%) 9 (34,61%) 17 (65,38%) 11 (42,31%) 1 (3,84%)Phase II 109 86 (78,90%) 31 (36,04%) 55 (63,96%) 21 (24,4%) 6 (6,97%)Phase III 319 222 (69,59%) 92 (41,44%) 130 (58,56%) 63 (28,37%) 8 (3,60%)Total 461 334 (72,45%) 132 (39,52%) 202 (60,48%) 95 (28,44%) 15 (4,45%)2II. IntroductionThe Independent Judicial and Prosecutorial Commission (IJPC) was created as an autonomousbody of the Kosovo Judicial Council (KJC) by UNMIK Administrative Direction 2008/2, whichentered into force on January 17, 2008.The IJPC was established for “the purpose of conducting a one-time, comprehensive, Kosovowidereview of the suitability of all applicants for permanent appointments …as judges andprosecutors in Kosovo.” The preamble to the Administrative Direction affirmatively notes that itwas issued “for the purpose of setting out the provisions governing the establishment and theoperations of the IJPC and the IJPC Review Panel.”Section 2.3 of AD 2008/2 provides that the Appointment Process shall be organized in threesuccessive phases. Phase I focused on the selection of judges for the Supreme Court, andprosecutors in the Offices of the State Prosecutor and Special Prosecutor. Phase II focused on theselection of judges for the District Courts, Commercial Court, High Court for Minor Offences,and District Prosecutors. Phase III focused on the selection of municipal judges and prosecutors.This <strong>Report</strong> begins with a brief description of initial developments. Reference will then be madeto the functions and responsibilities of key units within the IJPC Secretariat. The <strong>Report</strong> will nextdescribe the activities and key events that took place during each of the three successive stages ofthe project. The <strong>Report</strong> concludes with a summation of the project’s main accomplishments.A. Memorandum of UnderstandingIII. Initial DevelopmentsOn February 25, 2008, a Memorandum of Understanding Relating to the Vetting and Selection ofJudges and Prosecutors in Kosovo was signed by representatives of the European Commission,the Government of the United States and UNMIK.Funded by the European Union and the Government of USA.
The MOU designated the United Nations Office of Project Services (UNOPS) as the project’sImplementing Partner. The project was funded by the EC and US. The EC contribution was 5million Euros; the US contributed $880,000.The MOU provided for the creation of a Steering Committee. Its duties included: (a) makingrecommendations as to the hiring of the Project Director and international judges and prosecutorswho were being considered for appointment as Commissioners; (b) oversight and monthlyreview of the overall progress in implementation of the Project; (c) review and approval of formsand procedures developed by the IJPC.B. Selection of Director and PresidentFollowing standard recruitment procedures, Mr. Peter Bach, from Denmark, was hired asDirector, and a retired American judge, Mr. Timothy Baland, from Minnesota, USA, was hiredas President.C. First Three MonthsThe primary goals of work undertaken by the Director and President during the first threemonths were to organize for the official, public launch of the project on February 6, 2009, and toestablish and implement plans regarding IT, human resources, and the preliminary candidateelectronic application process.While Mr. Bach initially concentrated on getting the building equipped and on hiring key staff,Judge Baland focused on preparation of the Preliminary Application form. Both were activelyinvolved in various outreach activities, which included meetings with the President of KJC, theExecutive Committee of the Judges Association, the Prosecutors Association, and the Chamberof Advocates, as well as members of the Special Prosecutor’s office. A special effort, whichincluded meetings and a media event, was made to reach out to potential minority communityapplicants.Following standard recruitment procedures, the remaining four international Commissionerswere selected and appointed. The initial international Commission members were EkkehardSchulze, Germany; Andrea Venegoni, Italy; Jean Jacques Heintz, France; and Shireen Fisher,United States of America.Section 2.13 of Administrative Direction 2008/2 specifies that all candidates without exceptionwere required to pass an examination on the relevant Codes of Ethics. This provision in the lawled to a decision to administer an ethics exam to all applicants at the very outset of theAppointment Process.In order to plan for the administration of such an exam, the total number of applicants had to beknown. For this purpose, an electronic preliminary application procedure was developed. Theresulting 16-page comprehensive preliminary application form contained 25 separate sections,each covering a different aspect of an applicant’s life.3Funded by the European Union and the Government of USA.
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