One of the key pillars of the rule of law is the independence of the justice system. No relationship of authority exists between judges and prosecutors and this is one of the fundamental guarantees for independent and fair trial. Given the diversity of legal systems in member States and institutional frameworks for the prosecution services, it appears necessary to highlight the practical effect of decisions of international courts and treaty bodies on the independence of prosecutors.
The CCPE Working Group has therefore started to draft, in consultation with all members and observers of the CCPE, an opinion which will gain an insight into the practical effect produced for the independence of prosecutors by the above-mentioned decisions and examine what kind of practical steps and measures for the independence of the prosecution services and of individual prosecutors are or should be taken as a result of such decisions.
The Working Group will meet online on 18-19 February 2021 to discuss the draft structure of this opinion and to define the roadmap for the latter’s development.