The concept of prosecutorial independence merits and limitations Mrs. Laura Codruţa KÖVESI Prosecutor General of Romania

3 General considerations various judicial systems the position of the prosecutors in their relation with the other authorities, their statute and responsibilities, as well as the institutional traditions, differ greatly significant conceptual differences regarding the actual contents of the prosecutor’s independence the need to define its valences and its limits

4 independence is not an end per se, but a prerequisite for the public prosecution services to be able to fulfill their social function must be considered within a wider framework - the need to ensure the simultaneous operation of other essential principles accountability efficient and uniform implementation of the state’s criminal policy

5 international standards – the need to ensure that prosecutors’ decisions are neutral and free from any political motivation or arbitrariness the independence of the system as a whole - in its relation with the executive and legislative authorities the individual independence of the prosecutor within the internal hierarchy

6 SYSTEM INDEPENDENCE transparent distinction between the public prosecution services and the political class source of legitimacy and public trust implementation of the state’s criminal policy - accountability to society

7 INDIVIDUAL INDEPENDENCE the balance between independence and accountability system’s efficiency and the equality of individuals before the law - reasons for a hierarchical and centralized organization to ensure proper coordination the legality of indictments and the guarantee of individuals rights – protection from arbitrary decisions by establishing safeguards

8 FINDING THE RIGHT BALANCE may sometimes mean prioritizing social expectations must play an important part in the decision sociological surveys on the public perception of the judicial system and on the activity of the prosecutors

9 The most likely factors to exert pressure upon the prosecutors the political body, as a whole, is indicated by 30% of the respondents only 4% of the respondents indicated the hierarchically superior prosecutors

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11 Measures to be taken by the management of prosecutor’s offices in order to increase the public trust in the system

12 independence appears to be the first priority compared to other principles only when we talk about the public prosecution service as a whole the prosecutor’s individual independence is seen as subject to the principles guaranteeing accountability and efficiency public expectations coincide with the conclusions of several international academic studies

13 no standard, universally applicable answer for such a complex problem starting from the generally accepted principles, each society must find its own model