Biggest risk of prosecution service reform is for this to remain on paper, EU adviser

The main challenge of the prosecution service reform is to guarantee the independence of prosecutors and their responsibility, while the biggest risk is for this reform to remain on paper, Aivars Ostapko, EU adviser for the prosecution service reform of Moldova, stated in an interview for Radio Free Europe. According to him, it is important to respect clear criteria for selecting, appointing and promoting prosecutors.

The Law on the Prosecution Service is the main legal act on which the reform is based. This is to take effect on August 1. “The prosecutor general and the chairman of the Council of Prosecutors created working groups that initiated active processes to elaborate the norms and procedures about which I spoke. I help them for these norms and procedures to be elaborated in accordance with the best European practices,” stated Aivars Ostapko. 

As to the entrance of professionals to the prosecution service, the European adviser said there should be clear selection criteria, based on integrity and professionalism. The selection role must be played by the Council of Prosecutors. There will be three collegial commissions and one of them will deal with this.

As regards the fact that the guild of prosecutors in Moldova is considered to be powerfully influenced politically, when asked how this problem can be solved, the adviser said the answer resides in the reform conception, which envisions the modification of the method of naming the prosecutor general. “In principle, the main challenge of this reform is to guarantee the independence of prosecutors and their responsibility, but the implementation of the already elaborated norms is the most difficult part of this reform. So, namely the working out of the legal framework will be the signal that the reforms take place in reality and are not on paper only,” stated the adviser.

Aivars Ostapko is one of the 26 high-level advisers who provide assistance to the heads of state institutions, including the Premier. The goal of the project is to assist the Moldovan authorities in implementing the reform agenda in the European integration area, especially in developing the capacities for implementing the Association Agreement with the EU.

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