N12.T2 – Minister of Justice Announces Consideration of UN Rapporteur’s Recommendations in Upcoming Legal Reforms
HRA NEWSLETTER 12 – TOPIC 2
The Minister of Justice announced that the recommendations of UN Special Rapporteur Margaret Satterthwaite, regarding the procedure and criteria for the appointment of the Supreme State Prosecutor, will be taken into account in the upcoming amendments to the Law on the State Prosecutor’s Office. According to the Ministry, this should ensure proper assessment of candidates’ integrity, independence, and professional qualifications, as well as reduce the risk of political influence.
The NGO Human Rights Action (HRA) published a report entitled “Towards an Independent Judiciary – Assessment of the Implementation of the UN Special Rapporteur’s Recommendations on the Independence of Judges and Lawyers”, which included the Ministry’s official position on her recommendations.
The Ministry also announced that it would examine the recommendations concerning the possibility for non-governmental organizations to become authorized providers of free legal aid, which is expected to be addressed in future amendments to the Law on Free Legal Aid.
In its response to HRA, the Ministry further stated that the inclusion of civil society representatives in the Judicial Council is a matter worth considering, particularly given the positive experiences and significant contributions of NGO representatives in the Prosecutorial Council.
It also emphasized that the Constitution and relevant judicial legislation — especially those regulating the composition and election of members of the Judicial and Prosecutorial Councils — must be harmonized with international standards and the recommendations of the Council of Europe, the United Nations, and the European Commission.
To recall, in her report, the Special Rapporteur recommended, among other things, establishing effective mechanisms to overcome political deadlocks, so that the Judicial Council, the Prosecutorial Council, and the Constitutional Court could continue functioning even when the election of new members is stalled. She stressed the need to prevent the ruling majority from dominating these processes. Additionally, she recommended revising the procedure for electing distinguished legal professionals to the Prosecutorial Council, either by entrusting appointments to a non-political body or by requiring a two-thirds majority in Parliament.
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