The CCPE adopted Opinion No. 16 (2021) regarding the implications of decisions of international courts and treaty bodies on the practical independence of prosecutors at its 16th plenary meeting held in Strasbourg and virtually (25-26 November 2021).
The Opinion provides an overview of international courts’ relevant case-law, primarily that of the European Court of Human Rights and other courts and treaty bodies in respect of the independence of the judiciary in general, and of prosecution services and prosecutors in particular.
This case-law provides useful elements which can have an important effect on the impartiality and independence, in law and in practice, of prosecutors. These elements contribute to reinforcing the institutional independence of the prosecution services, as well as the functional independence of individual prosecutors.
The Opinion can usefully guide judicial and prosecutorial reforms to support State in developing or improving the legislative framework for organisational autonomy of the prosecution services, the process of appointment, evaluation and dismissal of prosecutors, their term of office, the non-interference into their work and other important aspects relating to their career.
In preparing this opinion, the CCPE took into account the different systems of criminal justice, but also the most important convergence factor, namely the requirement of the independence of the prosecution services as a pre-requisite for the Rule of Law and the independence of the judiciary. Therefore, this Opinion underlines that the independence and autonomy of prosecutors and prosecution services should be encouraged and guaranteed by law, at the highest possible level, in a manner similar to that of judges.
Link to the Opinion
