WORLD NEWS FOR MONTENEGRO DIASPORA
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Author: M.J.
The Venetian Commission has published emergency opportunities for amendments to the Law on the Special State Prosecutor's Office and the Law on the State Prosecutor's Office, welcoming the initiative of the promotion of these acts, in turn that most of the key recommendations given in previous opinions were not complicated and remains in force.
In an emergency opinion on the Law on the Special State Prosecutor's Office reminds of key recommendations from 2015.
These are, as specify, increasing liability guarantees, including judicial review of prosecutorial measures, in order to minimize the risk of abuse and / or political pressure.
The recommendation of the Venice Commission is to specify the criteria and procedures for the employment of special prosecutors and other staff, their supervision and operational subordination, disciplinary proceedings from unjustified mixing, inter-institutional relations, including the police, and the powers of special prosecutors in Relationships with other institutions.
The Venice Commission also proposes to ensure that all necessary guarantees for the protection of the personality data provided by law in accordance with European standards.
This body of the Council of Europe also proposes to specify the competence of the SDT to encourage illicit influence and active bribery to avoid overlapping the competencies of other state prosecutor's offices.
- We suggest that all relevant categories on the list of "High Public Officials" (provided, for example, in the Criminal Code, and other related laws established in the process of European integration and thus further), as a And to devise an appropriate strategy to reduce residual items in the SDT - the document states.
The Venice Commission calls on the authorities to fully use previous recommendations to provide the special state prosecutor's office, the necessary autonomy, guarantees of functionality and accountability.
- The Commission also invites Montenegrin authorities to ensure comprehensive dialogue with the main actors and civil society in the further stages of the legislative process - pointed out in the statement.
In an emergency opinion in relation to the Promotion of the State Prosecutor's Office, the fact that the Draft Law deals with some previous recommendations regarding the Prosecutorial Council and the modalities of the Temporary TS appointment, and by providing guarantees for the dismissal of members of this body.
- The Commission also welcomes new provisions relating to the transparency of the work of the Prosecutorial Council and Ethics. The Commission, however, also notes that most key recommendations in previous opinions were not complicated and thus remains in force - the document is stated.
The Venetian Commission draws the attention to the competent authorities to draw up the current composition of the Prosecutorial Council to continue the expiration of its mandate to eligibility for members of the TS, that the transitional model for further depoliticization of the Prosecutorial Council should be improved and design the procedure to verify that non-qualification criteria continue to be fulfilled during the TS members and improved the process of nominating members from the NGO sector.
- It is recommended to find a more sustainable solution and describe the composition of the Prosecutorial Council and the manner of choosing its members in the Constitution itself, as is the case with the Judicial Council - point out from the Venice Commission.
They also suggest that it is predicted that the law is explicitly agreed to the right to compulsion decisions and closer to the criteria to be taken into account when making such a decision.
- Improve the volume and criteria of evaluation of work in accordance with European standards, clarify the procedure and criteria of ethical and disciplinary responsibilities, and to clarify the dismissal procedure and manager of the State Prosecutor's Office - the document.
The Venetian Commission encourages the authorities to facilitate access to theoretical part of the training to young experts from all parts of the country and harmonize the initial training and program with European standards.
- These recommendations are mostly repeated. Through its eight previous opinions adopted in the period from 2008 to 2021, the Venice Commission gave a number of recommendations. The complete list of key recommendations is attached to this urgent further opinion. The Commission calls on the authorities to exploit these recommendations to consolidate the law and provide the state prosecutor's office the necessary sustainable guarantees, protecting it from corporatism and politicization - they said from this body.
