The Prosecutor General's Office (PG) has given a negative opinion on the bill to amend the Law on the Prosecution Service which was approved by Parliament in first reading. The initiative provides for the possibility to evaluate the performance of the prosecutor general by a special commission and the ability to dismiss the official in case of poor performance.
The Prosecutor's Office opinion argued that the bill authors are in fact seeking to establish new grounds and procedures, with the direct involvement of political institutions, for the removal from office or for the early dismissal of the prosecutor general. The urgency with which the authors are acting is in line with the aggressive public discourse on the part of some politicians and high-ranking dignitaries against the prosecutor general. Additionally, the bill is at odds with the legislative requirements governing the procedure for examining and adopting legislative acts, said the PG in a press release.
The Prosecutor's Office also issued a negative opinion on the bill which seeks to amend some normative acts (No.180 of 10.08.2021), in particular those aimed at amending Law No.3/2016 on the Prosecution Service, on the part that refers to the activity of the Superior Council of Magistracy and the Superior Council of Prosecutors.
The Institution disagreed with the exclusion of the possibility to formulate proposals for amendments or additions to the agenda of the General Assembly of Prosecutors, both before and during the meeting. PG also disapproved of the provision stating that "the High Council of Prosecutors shall amend the regulations of the General Assembly of Prosecutors to be in accordance with this law, before the announcement of the date of the General Assembly of Prosecutors at which the next members of the High Council of Prosecutors will be elected". PG concluded that it is impossible to organize and conduct the General Assembly of Prosecutors under the new conditions proposed by the bill.
Both bills were approved in first reading in the Parliament session of August 13.
At its meeting on August 17, the Superior Council of Prosecutors decided to convene the General Assembly of Prosecutors on November 19.