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1 Republika e Kosovës Republika Kosova / Republic of Kosovo Këshilli Prokurorial i Kosovës/ Tužilaški Savet Kosova/ Kosovo Prosecutorial Council Kosovo Prosecutorial Council, pursuant to Article 109 and 110 of Kosovo Constitution, article 20 of the Law on Kosovo Prosecutorial Council and article 20 of the Law on State Prosecutor, in its meeting held on 21 March 2014, adopted the following: REGULATION ON CRITERIA AND PROCEDURES FOR SELECTION AND PROPOSAL FOR APPOINTMENT OF CHIEF STATE PROSECUTOR Section 1 Purpose 1. The purpose of this Regulation shall be to establish the criteria and procedures to enable KPC establish an open, transparent and comprehensive process for selection and proposal for appointment of a candidate as Chief State Prosecutor. Section 2 Definitions 1. For the purposes of this Regulation, the acronyms and the following words shall have the following meanings: 1. Day”………………………. means a calendar day; 2. “KIA” ……………………… means Kosovo Intelligence Agency; 3. “ACA” ………………………means Anti-Corruption Agency;

Transcript of REGULATION ON CRITERIA AND PROCEDURES FOR … fileenable KPC establish an open, ... “KPC”...

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Republika e Kosovës Republika Kosova / Republic of Kosovo

Këshilli Prokurorial i Kosovës/ Tužilaški Savet Kosova/ Kosovo Prosecutorial Council

Kosovo Prosecutorial Council, pursuant to Article 109 and 110 of Kosovo Constitution, article 20 of the Law on Kosovo Prosecutorial Council and article 20 of the Law on State Prosecutor, in its meeting held on 21 March 2014, adopted the following:

REGULATION ON CRITERIA AND PROCEDURES FOR SELECTION AND PROPOSAL FOR

APPOINTMENT OF CHIEF STATE PROSECUTOR

Section 1 Purpose

1. The purpose of this Regulation shall be to establish the criteria and procedures to enable KPC establish an open, transparent and comprehensive process for selection and proposal for appointment of a candidate as Chief State Prosecutor.

Section 2 Definitions

1. For the purposes of this Regulation, the acronyms and the following words shall have the following meanings: 1. “Day”………………………. means a calendar day;

2. “KIA” ……………………… means Kosovo Intelligence Agency; 3. “ACA” ………………………means Anti-Corruption Agency;

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4. Reconsideration Commission means a Commission for consideration of appeals filed against the KPC Preliminary Review Panel for considering applications for Chief State Prosecutor;

5. “KPC” ……………means Kosovo Prosecutorial Council;

6. “CSP”……………..means Chief State Prosecutor;

7. “FIU”…………….. means Financial Intelligence Unit

8. “PPRU”…………Prosecutors Performance Review Unit

9. “APO”………….means Appellate Prosecution Office

10. KPC Preliminary Review Panel…………. means the Panel in charge of reviewing applications for Chief State Prosecutor”;

11. Legal experience………………….. means the experience as Prosecutor, Judge, Defence Counsel or Legal Officer with a Court, Prosecution Office, Government or State Institution, Notary or Advisor regarding issues related to law enforcement in criminal matters;

12. “SPRK”……………….means Special Prosecution Office of Republic of Kosovo

13. “SPO”……………………means State Prosecutor Office

14. “ODC”…………………means the Office of Disciplinary Counsel

Section 3 General Criteria for Selection and Proposal Process for Appointment of Chief State

Prosecutor

1. Be citizen and resident of the Republic of Kosovo;

2. Have a degree at Law Faculty, recognised under Kosovo laws;

3. Have passed bar exam, recognised under Kosovo laws;

4. Should not have been convicted by a final decision for criminal offences, other than

minor offences;

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5. Have a high professional reputation and moral integrity;

Section 4

Specific Criteria of Chief State Prosecutor

1. A candidate for Chief State Prosecutor shall satisfy the following specific criteria: 1. Have at least eight (8) years of legal experience in criminal law;

2. Have at least six (6) years of experience as State Prosecutor1; and

3. Be a prosecutor with permanent term.

Section 5

Criteria and indicators for the process of selection and proposal for Appointment of Chief State Prosecutor

1. In the course of selection of a candidate for the position of Chief State Prosecutor, in addition to criteria under Section 3 and 4, the Panel shall also take for granted the criteria set under paragraph 3 of Section 8, the Sections 12 and 13 of this Regulation.

Section 6

KPC Decision on Public Announcement for the Chief State Prosecutor

1. KPC shall issue a Decision on public announcement of internal vacancy for appointment of the Chief State Prosecutor at least 4 months prior to expiry of the term of Chief State Prosecutor in duty.

2. The decision on public announcement of the vacancy shall contain the deadline for application, criteria and procedures for selection of the Chief State Prosecutor based on provisions set forth under the Constitution, Law on KPC, Law on State Prosecutor and under this Regulation.

3. The public announcement shall be published on the KPC and State Prosecutor webpage and at least on two daily newspapers in Kosovo in both official languages;

4. Deadline for the public announcement shall be 15 days from the day of publication on daily newspapers;

5. Deadline for submission of applications according to form 1 and self-evaluation according to form 2 shall be the last closing day of public announcement for the Chief State Prosecutor;

1 Experience as a State Prosecutor is considered the experience as Public Prosecution prior to entry into force of the Law on State Prosecutor

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6. Candidates, notified to have satisfied the criteria set under paragraphs 1,2,3 and 4 of

the section 3 of this Regulation, shall be informed to submit a concept paper according to form 3;

7. Deadline for submission of the concept paper shall be 15 calendar days from the closing day of publication of shortlist of candidates satisfying CSP criteria.

Section 7 Additional documents

1. The following documents for each candidate shall be provided by the PPRU, under

the direct supervision of the KPC Chair:

1.1. Performance evaluation by the superior of the candidate, in the last three years;

1.2. Information received from ACA,

1.3. Information received from FIU;

1.4. Information received from KIA;

1.5 Information regarding eventual disciplinary measures imposed against the candidates and information from ODC if any candidate is subject to disciplinary investigations by ODC.

2. In the case when URPP does not possess the performance evaluation of the candidate

by his/her superior, the candidate is obliged to provide this evaluation.

Section 8

Application – Standard Application Form

1. Each candidate for CSP shall fill in a standard application form2, which shall be published on the KPC and SPO webpage on the day of public announcement of the advertisement.

2. The standard application form shall be an integral part of this Regulation.

3. Each candidate for CSP shall fill in his/her own self-evaluation form3, which shall be published on the KPC and SPO webpage on the day of public announcement of the vacancy.

2 Standard application form is an integral part of this regulation. 3 The self-evaluation form is an integral part of this regulation.

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4. The self-evaluation form shall be an integral part of this Regulation and it shall serve for scoring by the Panel members.

Section 9 KPC Preliminary Review Panel

1. KPC shall establish a Panel for preliminary review of applications for Chief State

Prosecutor, with the following composition:

1.1 One KPC member; Chair;

1.2 One prosecutor from APO who did not apply for SPP; and

1.3 One prosecutor from SPRK who did not apply for CSP.

2. The Panel shall have a competence and sole responsibility for consideration of applications for CSP if they satisfy the criteria provided for under Section 3 paragraph 1, 2, 3 and 4 and the section 4 of this Regulation.

3. The Panel shall, within 7 days, review the applications and prepare a shortlist of candidates satisfying the criteria for CSP.

4. Candidates who do not meet the criteria for CSP shall be notified in written. The notification should contain also the information on the entitlement of the candidate to make a request for review by the Reconsideration Commission within 5 days from the day of receipt of notification.

5. The candidates who satisfy the criteria for CSP shall be notified in written.

6. Notification regarding the paragraph 4 and 5 of this section shall be published in both official languages on SPO and KPC webpage. The candidates shall be informed by official e-mail or telephone through a message. Acknowledgment of receipt of notification shall be mandatory for all candidates for CSP.

Section 10

Reconsideration Commission

1. KPC shall establish a Reconsideration Commission, which shall be competent and in charge to review appeals filed against decisions of the KPC Panel for preliminary review of applications for CSP.

2. The Reconsideration Commission shall be composed of:

2.1 Chief State Prosecutor, Chair;

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2.2 One prosecutor from APO who did not apply for SPP; and

2.3 One prosecutor from SPRK who did not apply for CSP.

3. The Commission shall, within 5 days of expiry of deadline for receipt of appeals; render a decision on each appeal received.

4. Candidates who filed the appeals and the KPC members shall be notified of the decision of Commission;

5. Decisions of the Commission shall be published on KPC and SPO webpage, at least 24 hours after rendering the decision.

Section 11

Public nature of Panel and Commission Meetings

1. The activity of the Panel and Commission under Section 8 and 9 shall be public to civil society and NGOs specialised in rule of law area.

2. KPC shall publish on the KPC and SPO webpage a notification at least 48 hours before the schedule of the Panel and Commission meetings.

3. Such notification shall include the date, time and venue of the meeting.

4. The KPC shall, through a Secretary, keep minutes regarding the conclusions of the meeting.

Section 12 Evaluation Commission, Interview and Voting

1. KPC members who are not excluded under paragraph 5 of the Article 20 of Law on

KPC shall make the Commission for evaluation, interviewing and voting stage.

Section 13 Evaluation of Candidates for Chief State Prosecutor

1. Evaluation of candidates for Chief State Prosecutor shall include the personal, professional and moral integrity, which will be based on:

1.1 Performance evaluation in the last three years;

1.2 Information received from ACA,

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1.3 Information received from FIU;

1.4 Information received by KIA;

1.5 Information regarding eventual disciplinary measures imposed against the candidates and information from ODC if any candidate is subject to disciplinary investigations by ODC.

2. Chief State Prosecutor is obliged to request information from paragraph 1, items 1.2; 1.3; 1.4; and 1.5 of this section for all the candidates who applied for CSP. These information will be put in the file of the candidate and KPC members will have access on them.

3. The information from paragraph 1, items 1.2; 1.3; 1.4 and 1.5 of this section for the candidates disqualified by the panel and the Commission on re-consideration shall be submitted to the future Chief State Prosecutor.

Section 14

Interviewing of Candidates for Chief State Prosecutor

1. Interviewing of candidates for Chief State Prosecutor shall be based on the self-evaluation form4 and the concept paper5.

2. Self-evaluation shall include: 2.1 Management and leadership; 2.2 Managerial skills and capacities in achieving results; 2.3 Teamwork and staff management; 2.4 Exemplary to the others and having integrity; and 2.5 Practical knowledge and experience in criminal justice system

(including relevant issues of human rights).

3. The concept paper from candidates for Chief State Prosecutor shall contain: 3.1 Vision regarding policies and strategies within the State Prosecutor and

KPC for the next seven years;

3.2 Managerial skills and leadership to run a prosecutorial system in the next seven years;

3.3 Managerial skills and capacities for the next seven years; 4 Form number 2 5 Form number 3 includes the evaluation of the concept paper and the oral interview

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3.4 Vision to manage the staff within prosecutorial system; and

3.5 Integrity, practical knowledge and experience in criminal justice system including relevant issues of human rights.

4. The concept paper shall contain not less than 20 pages not more than 30 pages in

writing “Book Antiqua”, font 12, single space.

5. Oral interview is also a part of interviewing and it shall contain: 5.1 Interviewing of each candidate who submitted the application and the

concept paper for the seven years mandate;

5.2 Each interview shall last from 60 to 120 minutes, including the presentation of the vision presented on the concept paper;

5.3 Equal approach to all candidates as to the nature of questions and duration of interview;

5.4 Questions to be used during the interview shall be designed to collect relevant information on specific selection factors, including standardized questions. Additional questions can be asked based on the answers given by the applicant;

5.5 As a part of interview, each candidate shall make an oral presentation (20-30 minutes), presenting key goals of the State Prosecutor and the KPC during the next seven years, major challenges of the State Prosecutor and the KPC as well as suggestions how to reach such goals and address the challenges. Questions may be asked based on the oral presentation.

Section 15 Provision of Information for the Concept Paper

1. KPC shall make the following documents available to each candidate for Chief State

Prosecutor to assist him/her in preparation of a concept paper: 1.1 KPC and State Prosecutor annual report for last three years;

1.2 Organizational chart of State Prosecutor and KPC staff;

1.3 Annual Report of previous year on Tracking Mechanism on Harmonisation of Statistics;

1.4 State Prosecutor annual budget;

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1.5 Report on survey of prosecutors for 2013, adopted by KPC;

1.6 Commission report on supervision and verification of statistical data on criminal offences of corruption;

1.7 Report on training attended by Prosecutors and supporting staff;

1.8 KPC Annual Action Plan for the following year.

2. All candidates for Chief State Prosecutor may obtain the documents mentioned above from the PPRU.

Section 16

Scoring of Candidates

1. Scoring of candidates shall be based on forms number two 2 and 3. 2. Each KPC member shall put the points for candidates according to form 2 and 3. 3. Points of all KPC members shall be summarized in a single form for each candidate. 4. Following the scoring of candidates, KPC shall list the candidates according to the

points acquired during the evaluation and interviewing process, shortlisting three candidates with majority of points.

5. Each KPC member shall put the points for a candidate not more than 100 (one hundred) points as follows:

5.1 Regarding the self-evaluation documents one candidate can get mostly 20 (twenty)points;

5.2 On concept-paper one candidate can get mostly 30 (thirty)points;

5.3 Regarding the verbal interview one candidate can get mostly 20 (twenty) points;

5.4 On the integrity one candidate can get mostly 30 (thirty) points;

6. The three candidates with majority of points shall undergo a secret ballot process by

KPC members.

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7. A candidate included in the shortlist of three(3) candidates for KPC voting may, within three (3) days of notification, ask the KPC to reconsider his/her request only on grounds of procedural violations in the course of implementation of this Regulation.

8. The notification from paragraph 7 of this section is done in written form and there is attached a copy of general points of the candidate.

9. The candidates which are not listed among the three (3) first candidates with the highest number of points have the right to have access in his/her evaluation documents to verify the pointing. Nevertheless, the candidate has no right to know the identity of KPC member who made evaluation and individual pointing.

10. KPC shall, within seven (7) days upon receiving the request of the candidate to

verify the pointing shall decide if such request will be granted or rejected and it shall promptly inform in writing the candidate of the decision being rendered.

Section 17 Voting Process for Chief State Prosecutor

1. First three (3) candidates who get more points will undergo the process of secret

ballot.

2. Voting of three (3) candidates ranked according to the points shall be done in secret ballot by the KPC members, excluding KPC member if he is one of three candidates for whom there will be voted.

3. If the secret ballot results to be even, another secret ballot will be conducted again, only for the candidate who received even votes until the voting in which a candidate gets the necessary votes for CSP.

4. The candidate who in the secret ballot acquires the majority of votes of KPC

members shall be proposed for appointment as Chief State Prosecutor of Kosovo, to the President of Republic of Kosovo.

5. A proposal for appointment shall be signed by the KPC Chair. The proposal for appointment shall contain a written reasoning, including the whole selection process of the proposed candidate for appointment as Chief State Prosecutor.

6. KPC shall submit the proposal for appointment to the President of State no later than five (5) days from the day the KPC decision was rendered.

7. The KPC secret ballot shall be open to public, but KPC may vote to close the part

of the meeting discussing merits of candidates for CSP.

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Section 19 Publication of Concept Paper

1. Following the appointment of the Chief State Prosecutor by the President of the Republic of Kosovo, KPC shall publish his/her concept paper on KPC and SPO webpage.

Section 20 Languages

1. The selection process for CSP shall be conducted in official languages in Kosovo.

2. Application shall be done in official languages in Kosovo.

3. Documents shall be submitted in official languages in Kosovo. Where supporting documents are written in different languages, they shall be accompanied by translation into official languages of Kosovo.

4. Interviews shall be conducted in the official languages of Kosovo.

5. Applicants shall specify in the application form in which of the official languages of Kosovo they prefer to be interviewed.

Section 21 Conflict of interest

The legislation related to the conflict of interest and Section 16 of Regulation on the Work and Activity of KPC and Code of Ethics and Professional Conduct for Prosecutors and KPC Members shall be applicable with regards to activities covered by this Regulation.

Section 22 Unofficial Communication during the Selection Process and proposal for appointment of

Chief State Prosecutor

1. As from the final deadline for submission of applications forms and self-evaluation forms until the date of proposal for appointment to the President, no KPC Recruitment Panel member, KPC staff or State Prosecutor staff shall have unofficial communication with the candidate. Breach of this provision shall result in disciplinary measure.

2. As from the final deadline for submission of applications forms and self-evaluation

forms until the date of appointment to the President, no person whose application

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for the position of Chief State Prosecutor is under consideration shall engage in unofficial communication with KPC Recruitment Panel member regarding his/her application. Breach of this provision shall be taken into consideration in the course of evaluation of the candidate’s integrity.

Section 23

Protection of Data and Confidentiality 1. Law on Protection of Personal Data shall be applicable with regards to activities covered by this Regulation.

Section 24

Timeframes and Final Provisions

1.The selection process for Chief State Prosecutor presented in this Regulation shall be conducted in accordance with the following timeframes:

Section The selection process/procedures

Timeframe

6 KPC decision to launch the vacancy announcement for CSP 1 6 Closing the application deadline for CSP 15 7 Submitting the requests to the institutions in accordance with article

7 15

9 Establishing the panel for preliminary review (KPC meeting) 16 10 Establishing the commission for re-consideration (KPC meeting) 16 9 The review of applications by the panel for preliminary hearing and

informing the candidates on the right of filing the appeal for re-consideration to the commission for re-consideration.

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10 The deadline for receiving the requests for re-consideration. 28 10 The re-consideration commission takes a decision regarding the

request of the candidates for re-consideration and informs the candidates.

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9 The list of candidates who satisfy the CSP criteria is announced 32 6 Notification of applicants regarding the deadline of concept paper

and making available the documents to assist in preparation of the concept document.

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6 Deadline for submitting the concept paper. 46 5 The commission on evaluation, interviewing and voting analyses the

forms with the number 1,2,and 3; the documents submitted by the candidates for CSP and the information received by the institutions according to article 7.

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13 The interviewing of the applicants for CSP is conducted. 56 13 Finishing the interviews of candidates for CSP 70 16 Notification in written of the candidates and the public

announcement of the list of candidates ranked according to the points.

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16 The last deadline for the candidates to submit a request for re-consideration and verification of points.

74

16 The deadline for informing the candidates regarding the KPC decision on accepting or rejecting the verification of points.

80

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17 The voting process for chief state prosecutor. 81-82 17 The deadline on submitting the proposal for CSP appointment to the

State President. 87

17 The State President will accept the decree of CPS appointment. 96 19 Publishing on the webpage the concept paper of the Chief State

Prosecutor appointed by State President. 99

Section 25 Entry into Force

This Regulation shall enter into force on the day of its adoption by Kosovo Prosecutorial Council. Adopted on : ___/____/2014

Chair of Kosovo Prosecutorial Council

Ismet Kabashi

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Republika e Kosovës Republika Kosova / Republic of Kosovo

Këshilli Prokurorial i Kosovës / Tužilaški Savet Kosova / Kosovo Prosecutorial Council

Form number 1

APPLICATION FORM FOR POSITION OF CHIEF STATE PROSECUTOR

1. Personal data Last name First name [ ] Male [ ] Female

Current address:

2. Information regarding your relatives

3.1 Is any of your relatives a KPC member? YES NO 3.2 Is any of your relatives employed with KPC, State Prosecution Office or Ministry of Justice? YES NO If the answer to any of the questions above is “Yes”, please provide the following information: Name Relationship Institution and position 3. Have you lived outside Kosovo during the last 20 years? YES NO Indicate all places outside Kosovo where you have lived during the last 20 years, starting with the current residence (excluding accommodations for travel and holiday purposes) Town / Village: Address / Street :

Application procedure

No. of registration

Date

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From (month/year): To (month/year): Town / Village: Address / Street : From (month/year): To (month/year): 4. Membership in political party I hereby state that I am not a member of any political party. YES Signature: ___________________________________________ Date: ____________________________ 5. Complaints against you This section consists of eight questions. Answer each question by “YES” or “NO”. For any answer as “YES”, please provide the required information. 5.1 Have you ever been subject of a complaint by any disciplinary body? YES NO Date of complaint

Filed with

Name of complainant

Describe it: Have you been notified of the complaint filed against you? YES NO

Date of notification: Notification was done by:

5.2 Have you ever been subject of an investigative procedure against you as a result of a

complaint? YES NO

Commencement date of investigation

Investigation conducted by (institution) City

State

Have you been notified of the commencement of investigation? YES NO Date of notification:

Notification was done by:

5.3 As a result of such investigation, was there any sanctioning measure recommended, (i.e.

reprimand, fine, probation work, compulsory leave, rehabilitation, dismissal, downgrading

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or any other sanctioning measure)? YES NO Date or recommendation

Recommending authority

Content of recommendation

City State

Have you been informed of the recommendation? YES NO Date of notification: Notification was done by:

5.4 Describe the steps taken by the relevant body in relation to recommendation:

5.5 Has a sanctioning measure ever been imposed on you, i.e. reprimand, fine, probation work, compulsory leave, rehabilitation, dismissal, downgrading or any other sanctioning measure as a result of recommendation? YES NO

Sanctioning measure Imposed by Date of sanctioning Have you been informed of the sanctioning measure? YES NO Date of notification:

Notification was done by:

5.6 Has the disciplinary measure been executed? YES NO

Commencement date for execution of sanctioning measure:

Closing date for execution of sanctioning measure:

5.7 Has a decision on temporary suspension ever been imposed on you? YES NO

Request for suspension was done by

Authority in charge of imposing the suspension measure

Date of decision

Duration of suspension

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5.8 Provide additional information regarding section no. 5 of this application form, which you

thing are important to address during the process of consideration of your application. 6. Criminal and civil offences

This section consists of eleven questions. Answer each question by “YES” or “NO”. For each question as “YES”, please provide the required information. 6.1. Have you ever been subject to any alleged criminal offence? YES NO Date of commencement of investigation

Date of termination of investigation

Investigation was conducted by (institution)

City where investigation was conducted State Type of criminal offence: 6.2. Have you ever been arrested or suspected of a criminal activity? YES NO Date of arrest City State

Arrested by (institution)

Reason for arrest: 6.3. Have you ever been charged with a criminal offence? YES NO Date when the indictment was filed

Place where the indictment was filed State

Charged with

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Describe the case briefly: 6.4. Have you ever been tried for a criminal offence? YES NO Date of conviction Court

City

State

Convicted for

Nature of court decision (describe the decision): 6.5. If an appeal has been filed against a decision of the first instance court through regular legal remedies, please fill in the following required information. Date of second instance decision

Second instance court

City State

1.6 If the decision was appealed through regular legal remedies, please give full

details?

1.7 If a sanctioning measure has been imposed by the court, was it executed? YES NO Court conducting the execution

City State

1.8 Have you ever participated in capacity of claimant or respondent in a civil or

commercial court (excluding divorce cases)? YES NO

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Date of proceedings

Court

Court where the proceedings was conducted

State

Description of proceedings:

1.9 If an appeal was filed against the decision through regular or extraordinary legal remedies, please give full details?

1.10 Have you ever acted in capacity of a debtor in any proceedings or of a creditor in execution proceedings? YES NO

Date when the claim for execution was filed

City

State

Court

Description of claim:

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1.11 Have you ever been subject to criminal proceedings for a minor criminal

offence? YES NO

Institution that initiated the proceedings

Commencement date of proceedings

Court

City State

Describe the nature of a court decision :

2. LANGUAGE FOR INTERVIEW I wish to be interviewed in: Albanian Serbian Authorisation for checking and obtaining personal data By my own signature:

- I hereby authorize KPC to obtain information related to me from the authorities designated below;

- I hereby authorize the authorities designated below to provide KPC with my personal data;

- These authorities are: - Kosovo Police, Kosovo Courts and other relevant authorities in other countries

which keep records of criminal investigations and convictions; - Financial Intelligence Unit; - Anti-Corruption Agency. - Kosovo Intelligence Agency

Date: Signature: Statement and acknowledgment By my own signature, I hereby state that:

• Information in this application form and in the self-evaluation form as well as information included in the annexes of this application form for appointment as prosecutor are true and accurate, and have been given under the liability for false reporting;

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• I authorize Kosovo Prosecutorial Council to verify these information;

• I am conscious that for any false reporting in this application form, I will lose my right for

appointment as Chief State Prosecutor;

• I am conscious that for any false reporting in this application form or self-evaluation form, which will be disclosed after my appointment as Chief State Prosecutor, I may promptly be subject of disciplinary procedure and recommended for dismissal from the position of Chief State Prosecutor.

Data:

Signature: _____________________

List of documents (copied, not original) for submission

1. Presidential Degree on Appointment and Reappointment; 2. Training Certificates 3. Education Certificates

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Republika e Kosovës

Republika Kosova / Republic of Kosovo Këshilli Prokurorial i Kosovës / Tužilaški Savet Kosova / Kosovo Prosecutorial Council

SELF-EVALUATION FORM

FOR POSITION OF CHIEF STATE PROSECUTOR

Personal data

Last name First name [ ] Male [ ] Female

Qualification and Skills – Self-evaluation

Self-evaluation comprises an important part of your application and enables you to present examples as to how you have demonstrated qualities and skills from your previous experience. You may present examples

beyond your work in State Prosecutor Office, including also your experience from personal life.

Self-evaluation should not be a repetition of your employment background. Please be concise, as the limitation provided for each box consists of 250 - 500 words. The form for notes (points) is acceptable and

please use only the font Book Antiqua 11.

Please provide specific examples which demonstrate how your skills can be measured with the qualities and skills required for the appropriate level of the position of Chief State Prosecutor.

It is not sufficient to write in a general way regarding a situation and what happened – we want to know concretely what you have thought, which actions have you taken, how you have handled the situation and the

outcome.

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Leadership and setting the course

Indicators(Questions):

• Capacities to set long-term objectives for the State Prosecutor in cooperation and consultation with the others in order to establish an independent, impartial, professional and accountable State Prosecutor, reflecting the multi-ethnic nature of Kosovo and the principle of gender equity;

• Capacities to identify systematic problems and weaknesses and undertake appropriate action to solve them;

• Capacities to develop and maintain effective communication with relevant institution within and outside Kosovo criminal justice system;

• Capacities to understand the external relations of the State Prosecutor and direct and balance the category of political, national and international pressures;

• Capacities to ensure addressing of objectives and needs of the State Prosecutor;

• Capacities to communicate effectively and positively to media;

• Capacities to clarify and establish the role of State Prosecutors in rendering services to public.

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Managerial skills and capacities to achieve results

Indicators(Questions):

• Be capable to plan and organize the work of State Prosecutor to ensure that the State Prosecutor achieves the results

• Delegate effectively and develop managerial and organizational structures;

• Be capable to understand and use a wide range or management of information (i.e. financial budgets, performance statistics) in a competent manner and act based on what they indicate;

• Be capable to promote the use of professional management means and develop new techniques to improve results;

• Be capable to establish a culture of flexibility and reaction, mobilize the others to react promptly against the change of needs and priorities and ensure that the importance of achieving objectives is communicated to all staff of the Chief State Prosecutor;

• Be capable to analyse the reasons of success and failure and ensure that the lessons learnt from the experience are taught and actions are undertaken.

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Teamwork and staff management

Indicators(Questions):

• Capacities to establish and maintain positive relations with the others within the State Prosecution Office and assess the opinions and work of other staff within the Prosecution Office;

• Capacities to communicate effectively within the State Prosecution Office; he/she may initiate and maintain the support and dedication of the others towards changes, but he/she should be capable to present effectively unpopular messages;

• Capacities to promote and support the focus on continuous performance improvement and facilitate the others to identify and solve problems;

• Capacities to ensure the development of professional skills and knowledge for all staff of the State Prosecutor Office with purpose to advance the performance and professionalism;

• Capacities to manage individuals and offices with consistency, professionalism, objectivity and fairness and create a good working environment for all staff of the State Prosecution Office; appreciate and reward the good performance and review the poor performance.

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Exemplary to the others and having integrity

Indicators(Questions):

• Demonstrate capacities to judge correctly at personal and professional situations in accordance with the highest professional standards;

• Agree personally with the principles and provisions under the Code of Ethics and Conduct and the legislation requiring to have the integrity, honour and ethic accuracy ensured;

• Serve as an exemplary to the others in conduct of high ethics, integrity, impartiality, accountability and principles of non-discrimination and human rights;

• Ensure that the State Prosecutor shall act in accordance with principles and mechanisms of accountability and encourage for a conduct of high ethics, independence, impartiality, professionalism and compliance, which provide for ensuring integrity, honour and ethic accuracy within the institutions;

• Search for opportunities for innovation and encourage the way how works are done.

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Knowledge and practical experience in criminal justice system (including relevant issues of human rights)

Indicators:

• Understand the role of State Prosecutor within the overall criminal justice system (including common responsibilities of criminal justice institutions and inter-institutional cooperation and coordination)

• Have credible and respected knowledge of criminal justice system, including relevant issues of human rights;

• Capacity to positively influence, advise and instruct prosecutor in relation to laws and proceedings;

• Demonstrate his/her practical performance achievements in criminal justice system.

I, _______________(name, last name) hereby state with full conscience that I filled in this self-evaluation form on my own and its content is accurate.

Signature: __________________________________________

Date: ______________________________

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Form number (3)

Concept Paper

Last name: First name:

I. Your vision regarding policies and strategies within the State Prosecutor

and KPC for the next seven years;

1. How do you estimate the situation in the State Prosecution Office in 2014? 2. Which do you think are the main advantages of the State Prosecutor? 3. Which are the main deficiencies of the State Prosecution Office? 4. What are the specific risks, challenges and/or opportunities?

II. Managerial skills and leadership to run a prosecutorial system in the next seven years;

1. What is your vision of the State Prosecutor in 2021? 2. What main difficulties or risks do you expect in achieving these

objectives? 3. How will you overcome them?

III. Managerial skills and capacities for the next seven years;

1. To fulfil your vision of the State Prosecutor, what would be your three key objectives and why?

IV. Vision to manage the staff within prosecutorial system; and

Please list concrete steps you would take during the next seven years to achieve the key objectives?

1. Which steps will you take in the first 12 months? 2. Which steps will you take in the first 4 years? 3. Which steps will you by the end of these 7 years?

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V. Integrity, practical knowledge and experience in criminal justice system (including relevant issues of human rights).

1. Your experience insofar? 2. Steps you will take to promote the level of trust in prosecutorial

system? 3. What will you do to address the KPC recommendations regarding the

questionnaire for prosecutors for 2013??? 4. What do you plan to do to ensure that prosecutors respect the human

rights and freedoms of defendants in proceedings, with a particular emphasis on vulnerable groups?

The concept paper shall contain not less than 20 pages not more than 30 pages in writing “Book Antiqua”, font 12, single space.

I hereby state that I prepared the content of this Concept Paper on my own and I am conscious that the Concept Paper of the nominated Chief Prosecutor will be published in web-page. Signature: _________________________________ Date: _____________________________

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TABLE OF RESULTS FOR PANEL MEMBER

NAME OF CANDIDATE: _______________________________________ DATE OF INTERVIEW: _________________________________________

NAME OF KPC RECRUITMENT PANEL MEMBER: _________________________________

Indicators of evaluations:

Results

Comments Min Good Max

1.Self-evaluation 5

12

20

2.Concept paper 10

20

30

3.Interview 5

12

20

4.Intergrity 10

20

30

Overall results:

30

64

100

I [ ] hereby state that the result above reflects my evaluation for the candidate. Signature: _______________________________________________ Date: ________________________________________________