In a new opinion the Council of Europe’s Consultative Council of European Prosecutors (CCPE) gives member states recommendations on managing prosecution services to ensure their independence and impartiality. The independence and impartiality of prosecutors are crucial for the proper functioning of justice systems and the rule of law, and for public trust in justice.
The opinion focuses on the central role of heads of prosecution services in ensuring their independence and impartiality and on the context that makes it possible. In particular, influence of the executive on their appointment or election must be prevented, clear and objective criteria for their selection must be determined, clear rules and procedures for disciplinary proceedings must be established, and there must be guarantees regarding any possibility of removing them from office before the end of their term.
These principles enable heads of prosecution services to be fully independent themselves and, as a consequence, to manage their services independently and impartially, ensuring the application of transparent and objective criteria for recruitment, promotion and other career-related matters of prosecutors, their efficient work, promoting the use of modern technologies and case management as well as strengthening international cooperation between prosecution services.