The European Commission and the Government of the United States of America are funding the Independent Judicial and Prosecutorial Commission (IJPC) which aims to build solid and trustworthy judicial institutions in Kosovo (under UNSCR 1244/99) by selecting high calibre judges and prosecutors.

The law which established the commission and determines its mandate has now been incorporated into the Kosovo Constitution. UNOPS is providing project management and administrative support.

The IJPC will not complete all needed judicial reforms in Kosovo, but will go a long way to establishing the proper foundation on which to build the future judiciary. 

Selection process

The judges and prosecutors are being selected through a transparent process, focusing on integrity and competency.

All potential candidates were initially asked to pass an ethics exam before they could apply. Non-sitting judges and prosecutors had to also pass an entry examination.

Candidates who passed the exams were then eligible to apply for specific positions. The application process for specific positions was divided into three phases: 

1. Supreme Court, State Prosecutors Office and the Special Prosecutors Office
2. District Courts, Prosecutors Offices and Commercial Court
3. Municipal Courts and Prosecutors Offices

During Phase I the Independent Judicial and Prosecutorial Commission consisted of five international members. During Phase II the commission expanded to include three local members selected from Phase I appointees. After the Phase II appointment of candidates, two additional local commissioners joined the commission, bringing its total members to 10 for Phase III.   

There are a total of approximately 460 judge and prosecutor positions to be filled. The IJPC received around 870 applications. Approximately two-thirds of that number passed the required the preliminary examination.

After background checks are complete, the commission then interviews each candidate and submits recommendations for appointments to the President of Kosovo, via the Kosovo Judicial Council.

Appointments

On 16 February 2010, the President appointed 22 judges and prosecutors recommended by the IJPC and the Kosovo Judicial Council to the top three legal bodies in Kosovo - the Supreme Court, the State Prosecutors  Office and the Special Prosecutors Office.

On 28 June, 2010, the President finalized the Phase II appointments and 75 judges and prosecutors took up their positions in the district level courts and prosecutors offices.

Phase III interviews, at the municipal level, are being conducted between May and September 2010, with IJPC’s recommendations to be forwarded to the Kosovo Judicial Council some time in September. The exact timing of the appointment of these candidates will depend on the Kosovo Judicial Council and the President.