Jana ZEZULOVA (Czech Republic) - President of the CCPE since January 2023

In accordance with the doctrine nemo iudex sine actore (“there is no judge without a petitioner”) ensuring fair and unbiased administration of justice, it is impossible to imagine an independent administration of justice without independent public prosecution, which brings criminal cases to court.

It is a great honour and privilege to be re-elected as the President of the Consultative Council of European Prosecutors (CCPE) at the Plenary meeting in October 2023. I am very appreciative of the great support and confidence expressed in me by the members of the CCPE. I am very pleased to be able to continue with the great work of my colleagues, the former Presidents of CCPE.

Public prosecution is an essential element in ensuring law, order and justice. On the one hand, it must create barriers to serious anti-social acts but on the other hand, it must fearlessly step forward to protect vulnerable persons.

According to the “Rome Charter” (Opinion of CCPE No. 9 (2014)), public prosecutors act on behalf of society and in the public interest to respect and protect human rights and freedoms as laid down, in particular, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the case-law of the European Court of Human Rights.

The prosecution service, therefore, fulfils its position as a representative of the public interest by promoting the protection of fundamental human rights and freedoms and the rule of law, in which the effective protection of the fundamental values of society is not merely proclaimed but implemented.

Quite aptly, the Explanatory Notes to the “Rome Charter” emphasise that the independence of public prosecutors is a supreme attribute of the rule of law and must be guaranteed at the highest possible level and in a similar manner to the independence of the judge.

The CCPE aims to bring the Member States of the Council of Europe as close as possible to this goal.

At the beginning of my second term as president, I would like to mention the most recent Opinion No. 18 on Councils of Prosecutors as key bodies of prosecutorial self-governance. It was adopted in October 2023 during the plenary meeting of the CCPE.

In this Opinion, while recognising substantial differences in Member States as regards the prosecution system, the CCPE stresses that what brings them together is the need to provide for the independence and autonomy of the prosecution services to secure their impartial and effective functioning and decision-making. Opinion No. 18 therefore highlights the role of Councils of Prosecutors and other bodies dealing with prosecutorial self-governance in safeguarding institutional independence of prosecution services and functional independence of individual prosecutors. The Opinion strives in particular to offer best practices to improve prosecutorial self-governance with due regard to different legal cultures and traditions and within the overall framework of reinforcing the independence, efficiency and quality of justice.

I am particularly proud that the CCPE plenary meeting adopted the Opinion on this topic. It is actually the first Opinion of its kind. So far, the standards for Councils of Prosecutors were of fragmented character. Opinion No. 18 brings together all available standards and provides a kind of roadmap for moving forward, at the same time not imposing any institutional changes and recognising the variety of systems, institutions, and practices in Europe, each of which has its place and value.

The plenary meeting has also adopted two other important documents, namely the Overview of Councils of Prosecutors and other bodies dealing with prosecutorial self-governance in Member States in the form of thematic study and the thematic study on the digitalisation in the work of the prosecution services and international co-operation.

What is on our agenda in 2024?

The CCPE decided that its future opinion in 2024 should focus on member states' administration of prosecution services.

Another challenge for the immediate future is the CCPE's proposal to update Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system, particularly in the light of developments since 2000 in member States of the Council of Europe. There are several aspects of the work of the prosecution services in the Recommendation that could be reconsidered and updated, as justified by such developments. The proposal to revise this fundamental document for public prosecution was also one of the key conclusions of the European Conference of Prosecutors in Palermo in May 2022.

Close cooperation between the CCPE and other Council of Europe bodies and institutions will also be increased. In particular, the CCPE has stressed over the past year its readiness to continue and strengthen its cooperation with the European Commission for the efficiency of justice (CEPEJ) and to contribute to the ongoing activities of the CEPEJ and the development of its tools as appropriate.

Dear colleagues,

I look forward to working with you throughout 2024.

Jana Zezulová