Supreme Council of Prosecutors to be composed of 10 members instead of 13: Draft law amending the mechanism for the selection, evaluation and disciplinary liability of prosecutors voted in second reading
The draft law drafted at the initiative of the Ministry of Justice, which modifies the mechanism for the selection, evaluation and disciplinary liability of prosecutors, was voted in second reading during the plenary session on Thursday 20 July. The legislative initiative was voted in second reading by 54 MEPs.
One of the main provisions of the document aims to strengthen the independence of the Inspectorate of Public Prosecutors and to transfer it from the General Prosecutor’s Office to the Supreme Council of Prosecutors (SCP);
According to the draft, the College for the Selection and Career of Prosecutors and the College for the Evaluation of Prosecutors’ Performance will be merged in order to strengthen the mechanisms for the selection and evaluation of prosecutors’ performance.
The composition of the High Council of Prosecutors will also be reviewed. The SCP will be composed of 10 members and the President of the SCM, the Minister of Justice and the Advocate General will no longer be members of the SCP.
At the same time, the SCP will be responsible for organising the competition for the position of inspector, which will be for a 6-year term. At the same time, inspectors will have access to any criminal file under the control of the prosecutor under disciplinary investigation.
Another provision concerns the disciplinary liability of prosecutors, increasing the time limit for holding prosecutors liable to 2 years, with the special limitation period of 3 years for procedural violations being maintained;
“This law shall enter into force on the date of publication in the Official Gazette of the Republic of Moldova, except for Article I, Article II, paragraph 12, paragraph 22, amendment of Article 82, letter d), paragraphs 28 and 29, Article III, which shall enter into force on the expiry of 3 months from the date of publication of this law,” the draft law states.
