Republic of Kosova Kosovo Prosecutorial Council

Transcription

1 Republic of Kosova Kosovo Prosecutorial Council Based on Article 4 of the Law on Kosovo Prosecutorial Council, Articles 27 and 28 of the Law on State Prosecutor and the Plan on Implementation of the Law on State Prosecutor, the Kosovo Prosecutorial Council (hereafter referred as KPC ), approves the following: R E G U L A T I O N No. 7/2012 ON THE ASSIGNMENT AND TRANSFER OF PROSECUTORS Article 1 Purpose 1. This Regulation defines the criteria and procedures related to the assignment and transfer of Prosecutors, based on reorganization of Prosecution Offices as defined by the Law on State Prosecutor (hereafter referred as the Law ). 2. For the purposes of this Regulation, the movement of Prosecutors from the District Prosecution Office to Appellate Prosecution Office will be considered as transfer. Article 2 Basic Principles 1. During the assignment and transfer of Prosecutors, KPC will be guided by the following principles: 1.1. Respect for Ethnic diversity (Article 5 of the Law); 1.2. International Principles on gender equality (Article 5); and 1.3. Geographical inclusion.

2 Article 3 Organization of the Prosecution Offices 1. According to the Law, starting from 01 January 2013 the Prosecution Offices of the Republic of Kosovo will be organized in the following way: 1.1. The Basic Prosecution Office composed of General Department, Juvenile Department and Department for Serious Crimes; 1.2. The Appellate Prosecution Office composed of General Department and Department for Serious Crimes; 1.3. Special Prosecution Office of the Republic of Kosovo; and 1.4. Office of the Chief State Prosecutor. Article 4 The criteria for the assignment and transfer of Prosecutors 1. During the implementation stage of the Law, the Prosecutors may be assigned and transferred only based on the foreseen criteria by this Regulation. 2. In addition to the minimum qualifications required, the Prosecutors that meet the below given criteria will be potential candidates for assignment and transfer: 2.1. For the Department of Serious Crimes within the Basic Prosecution Office, a prosecutor must have performed the duty of a judge or prosecutor for at least three (3) years; 2.2. For the Appellate Prosecution Office, a prosecutor must have performed the duty of a judge or prosecutor for at least four (4) years. Article 5 Assignment and Transfer 1. When the assignment of the Prosecutors will take place during the implementation stage of the Law, the KPC shall give the appropriate importance to the assignments during the comprehensive process of reassignment (Article 28, Par.2.4 of the Law); 2. The KPC shall respect the will of prosecutors when assigning and transferring, except when it is necessary to ensure and facilitate the transitory phase from the current organization to new organization as foreseen by the Law. 3. The KPC shall ensure that each time when possible to assign prosecutors within their geographic location. 4. In principle, the Prosecutors on duty in Municipal Prosecution Offices will be assigned within the General Department of the Basic Prosecution Office.

3 5. In principle, the Prosecutors on duty in District Prosecution Offices will be assigned within the Specialized Department of Basic Prosecution Office, based on their experience and area of specialization. 6. The KPC may transfer a prosecutor from a higher level of Prosecution Office into a lower level of Prosecution Office upon the Prosecutor`s personal request only. 7. The KPC shall bring the decision on assignment and transfer of Prosecutors based on recommendations issued by the Committee, as defined by Article 9 of this Regulation. 8. For purposes of this Regulation the Specialized Departments will be considered the ones that are in charge of Serious Crimes and Juvenile Department. 9. A prosecutor of a prosecution office may be transferred from General Department to Department of Serious Crimes, under the condition that s/he meets the foreseen criteria for being assigned on the post of a prosecutor in the respective Department. 10. Based on the approved criteria and taking into account the expression of interest by prosecutors, on merit basis, the KPC assigns District Prosecutors to the respective Department of the Appellate Prosecution Office. 11. In case that number of prosecutors in the Appellate Prosecution Office is not filled with the current District Prosecutors, the KPC shall provide them the opportunity for being transferred to Appellate Prosecution Office. Here the KPC shall also consider the additional criteria foreseen with this Regulation. Article 6 Completion of files 1. The Performance Assessment Unit will present to the Committee the information related to: 1.1. Working results and descriptive evaluation of the Chief Prosecutor; 1.2. Work experience; 1.3. Professional and Academic Trainings attended - continuous legal Education; 1.4. Publications - Scientific Publications; Letters of Appreciation; 1.5. Specialization on certain area; 1.6. IT knowledge Disciplinary measure undertaken against a prosecutor; 1.8. Other information that are considered to be relevant.

4 Article 7 The Procedure 1. For the purpose of implementing this Regulation, the KPC will establish a Committee for the Assignment and Transfer of Prosecutors, based on the defined criteria by this Regulation. 2. The KPC shall open an internal announcement which will enable all prosecutors at state level to express their interest and apply for assignment and transfer. 3. When applying, prosecutors should specify which department or Prosecution Office they are interested to be assigned or transferred to. 4. Prosecutors may attach information they have about their working results. 5. The Prosecutors who are assigned to their positions after the conclusion of the deadline for application for assignment or transfer will be given the possibility by the KPC to apply on a later date. Article 8 Composition of the Committee 1. The Committee is composed of five (5) members, in the following composition: 1.1. The Chief State Prosecutor, Chair of the Committee; 1.2. A prosecutor from the Office of the Chief State Prosecutor, member; 1.3. A representative from the Association of Kosovo Prosecutors, member; 1.4. A prosecutor from Special Prosecution Office, member; 1.5. A member of KPC who is not a Prosecutor, excluding the Minister of Justice. 2. The Committee shall have the quorum when at least four (4) members will be present. 3. The Committee shall take decisions from the Quorum with no less than three (3) votes in favor. 4. In cases of equal voting, the vote of the Chair will be decisive. Article 9 Duties and Responsibilities of the Committee 1. The Committee reviews all applications submitted based on the internal announcement. 2. The Committee reviews all information provided by the Performance Assessment Unit. 3. Upon the conclusion that the legal criteria from Article 4 of this Regulation are met, for purpose of transferring Municipal Prosecutors to the Department of the Serious Crimes of the Basic Prosecution Office, the Committee shalll apply the below given assessment criteria:

5 The Criteria Work Experience: Work experience as a prosecutor or judge in the Municipal Level, 0.5 points for each year of work experience maximum 3 points; Work experience as a District Prosecutor, Judge of the District Court or Chief Municipal Prosecutor or President of the Municipal Court 0.5 points for each year of work experience maximum 3 points; Work experience as a Chief District Prosecutor or President of the District Court or SPRK Prosecutor 0.5 points for each year of work experience maximum 3 points; Work results: Exceeding the norm during second six months of (1 point for exceeding the norm of 10 %, 3 points for 20 %, 5 points for 30 %, 7 points for 40 %, and 10 points maximum for exceeding the norm over 50 %. Descriptive evaluation of the Chief Prosecutor: Scores Sufficient 1 point; Satisfactory 3 points; Good 5 points; Very good 7 points; Excellent 10 points. Professional and academic trainings, Continuous Legal Education: 1 point 1 Knowledge on the use of Information Technology: 1 point 1 Disciplinary measures undertaken against a Prosecutor: Reprimand minus 1 point; Written warning minus 2 points; Pay cut minus 3 points to -1 Maximum scores 4. After finding that the legal criteria from Article 4 of this Regulation have been met, when assigning and transferring prosecutors to the Appellate Prosecution Offices and its respective departments, the Committee will apply the following assessment criteria: 1 The Special Prosecution Office of the Republic of Kosovo, the District and Municipal Prosecution Offices in Mitrovica, the Prosecutors appointed during 2011 and 2012 and the Prosecutors working with corruption cases shall be considered to have fulfilled the norm except if negatively evaluated by the Chief Prosecutor of the respective Prosecution Office. 2 The Chief Prosecutor of the respective Prosecution Office shall be evaluated based on the evaluation of the Prosecution Office s/he directs.

6 The Criteria Work Experience: Work experience as a prosecutor or judge in the Municipal Level, 0.5 points for each year of work experience - maximum 3 points; Work experience as a District Prosecutor, Judge of the District Court, SPRK Prosecutor, Chief Municipal Prosecutor or President of the Municipal Court 1 point for each year of work experience - maximum 6 points; Scores Work results: Exceeding the norm during second six months of (1 point for exceeding the norm of 10 %, 3 points for 20 %, 5 points for 30 %, 7 points for 40 %, and 10 points maximum for exceeding the norm over 50 %. Descriptive evaluation of the Chief Prosecutor: 1-10 Sufficient 1 point; Satisfactory 3 points; Good 5 points; Very good 7 points; Excellent 10 points. Professional and academic trainings, Continuous Legal Education: 1 point 1 Knowledge on the use of Information Technology: 1 point 1 Disciplinary measures undertaken against a Prosecutor: Reprimand minus 1 point; Written warning minus 2 points; Pay cut minus 3 points to -1 Maximum scores 5. The Criteria for the Assignment of the Chief Prosecutor of Appellate Prosecution Office are: The Criteria Scores Serving as a Chief Municipal Prosecutor (for each year of experience 1 point, but not 1-3 more than 3 points) Serving as a Chief District Prosecutor, President of the District Court, Deputy SPRK 2-12 Prosecutor (for each year of experience 2 points - maximum 12 points) Experience as a District Prosecutor for at least 5 years 2 3 The Special Prosecution Office of the Republic of Kosovo, the District and Municipal Prosecution Offices in Mitrovica, the Prosecutors appointed during 2011 and 2012 and the Prosecutors working with corruption cases shall be considered to have fulfilled the norm except if negatively evaluated by the Chief Prosecutor of the respective Prosecution Office. 4 The Chief Prosecutor of the respective Prosecution Office shall be evaluated based on the evaluation of the Prosecution Office s/he directs.

7 Maximum scores 6. The Criteria for the Assignment of Chief Prosecutor of Basic Prosecution Office are: The Criteria Serving as a Chief Municipal Prosecutor (for each year of experience 1 point, but not more than 3 points) Serving as a Chief District Prosecutor (for each year of experience 2 points, but not more than 6 points) Experience as a Municipal Prosecutor for at least four (4) years or as District Prosecutor for at least three (3) years Scores Maximum scores 7. The Committee may request additional information from the Prosecutor or the Unit. 8. A prosecutor against whom the disciplinary measure of pay cut has been imposed has no right of advancement to higher position during the time the mentioned measure is in force. 9. The Committee is obliged to present to the KPC the final list of prosecutors proposed for assignment or transfer by 31 October The KPC should bring a decision on assignment or transfer of prosecutors no later than 8 November The decision of KPC will be published. Article 10 Reconsideration of KPC 1. In cases when any prosecutor would request reconsideration on the basis defined in Paragraph 2 of this Article, the KPC is going to reconsider its decision. 2. A prosecutor may request that the KPC reconsiders its decision for his/her decision to a certain position if: 2.1 That position is not one of the positions for which the Prosecutor has applied; and 2.2 The transfer to that location would cause extreme difficulties to that Prosecutor. 3. The request for reconsideration in accordance with Article should be done in writing and submitted within 7 calendar days from the date the decision of KPC is published. 4. When the request is submitted in line with this Article, the KPC shall reconsider its decision within 10 calendar days. The Prosecutor who has submitted the request shall be notified immediately in writing about the decision. 5. If the reconsideration process has resulted in the change of the decision of the KPC on the assignment and transfer of prosecutors, the KPC shall publish the modified decision.

8 Article 11 The Assignment of the Chief Prosecutors by KPC After the KPC decision on assignment and transfer of prosecutors is published, the KPC shall publish an internal notice for applications for the position of the Chief Prosecutor of respective Prosecution Office. The prosecutors from respective Prosecution Offices shall have the possibility to apply for the position of Chief Prosecutor at the Prosecution Office where they are assigned or transferred. The Chief Prosecutor of respective Prosecution Office shall be assigned from the assigned or transferred Prosecutors in that Prosecution Office. Article 12 Entry into force This Regulation enters into force on the day it is approved by the Kosovo Prosecutorial Council. Approved on 28 September Ismet Kabashi Chair of the Prosecutorial Council