site.btaProsecutor General to Be Appointed, Dismissed by President on Recommendation of Supreme Prosecutorial Council, MPs Vote on Second Reading

With the second of three readings on the constitutional amendments bill, MPs decided Tuesday that the Prosecutor General shall be appointed and dismissed by the President on proposal of a Supreme Prosecutorial Council (SPC) for a term of five years, without the right of re-election. 

According to the adopted texts, three members of the Supreme Judicial Council (SJC) as well as the Justice Minister can nominate a candidate for Prosecutor General. The presidential decree shall be issued within seven days. If the decree is not issued within the time limit, the decision of the SJC shall be gazetted. The President cannot refuse the appointment and dismissal upon a repeated proposal.

Prosecutors and investigators will be appointed, promoted, demoted, transferred and dismissed by the SPC, Parliament voted on second reading.

Judges will be appointed, promoted, demoted, transferred and dismissed by the SJC.

The President of the Supreme Court of Cassation (SCC) and the President of the Supreme Administrative Court (SAC) will be appointed and dismissed on the proposal of the Supreme Judicial Council by the head of State, without the right to re-election, the MPs voted.

The SJC will consist of 15 members, including the Presidents of the SCC and the SAC, eight members elected directly by the judges and five elected by the National Assembly.

The members of the Supreme Judicial Council and the Supreme Prosecutorial Council shall be lawyers with high professional and moral qualities, who have at least 15 years of experience and are independent and party neutral. The National Assembly may not elect as members of the two councils persons who hold the position of prosecutor or investigator at the time of the election, the adopted texts also state.

The National Assembly will elect members of the Supreme Judicial Council and the Supreme Prosecutorial Council by a two-thirds majority of the members of the National Assembly, the texts read.

The term of office of the elected members of the Supreme Judicial Council and the Supreme Prosecutorial Council shall be four years. They cannot be re-elected immediately after the expiry of that term.