site.btaNorth Macedonia’s Government Starts Procedure for Dismissal of Public Prosecutor

The government of the Republic of North Macedonia has started the procedure for the dismissal of the country's Public Prosecutor Ljupco Kocevski, after Tuesday's meeting considered the opinion of the Ministry of Justice, according to which Kocevski has damaged the reputation of the institution he leads. Among the conclusions of the opinion are "a series of scandals, impaired functionality of the Prosecutor's Office, misconduct and corruption, inefficiency and violation of the principles and independence in the performance of the functions of prosecutors." 

"Such situations are in total contradiction with the obligations arising from legal responsibilities. This is not just a matter of government perception, it has been stated by the expert community, in reports that have specific, measurable and objective indicators. The government appreciates that the contribution of the Public Prosecutor in these situations is significant and is the result of a series of failures and irregularities in his actions and in performing his function. These actions, which have led to serious consequences for the functioning of the Public Prosecutor's Office and to deliberate and unjustified professional errors, are the legal arguments that we will use to request the early dismissal of the Public Prosecutor. As a government, we appreciate that the prosecutor, in addition to legal responsibility, bears or should bear social responsibility, especially to the body that elected him and especially to the citizens whose interests he has to protect," government spokesperson Marija Miteva said at a press conference in Skopje, broadcast on the government channel, after the government meeting.

According to North Macedonia’s law, a public prosecutor can be dismissed on two grounds: if he is a member of a political party or if he has committed a serious disciplinary offence. The law does not specify the details of the disciplinary offence.

"I have worked strictly and will continue to work according to the law. If the conditions under the Prosecution Law are met, let me be dismissed, but if they are not met, the public will decide whether I will be legally dismissed or not," Kocevski said earlier Tuesday in response to a question about whether he would interpret his dismissal as political if no serious disciplinary violation is proven as grounds for his dismissal. Kocevski said that if a serious disciplinary violation were proven, he would recuse himself. 

The public prosecutor in North Macedonia is elected by the country's Parliament, on the proposal of the government, after a positive opinion of the prosecutors' council, which has to rule within 15 days on the request for his dismissal, but the law does not spell out whether, if the opinion of the professional community is negative, the procedure will be terminated or put to a vote in Parliament regardless of the opinion of the prosecutors' council.