Comparative analysis of the system for election, evaluation of work and promotion of prosecutors (in selected EU member states)

June 23, 2022

The independence, quality, efficiency and impartiality of national judicial systems and effective judicial protection are at the heart of the rule of law. The rule of law is one of the fundamental values of the European Union and is a prerequisite for the protection of fundamental rights and democracy. The rule of law also implies that all members of society, including state institutions, are equally subject to the law and are subject to the supervision of independent courts.

Project team prepared The Comparative analysis of the system for selection, evaluation of work and promotion of public prosecutors (in selected EU member states), which aim is to present different systems in several EU member states - Austria, Croatia, Italy, France and Slovenia, and point out their advantages and disadvantages. The analysis includes three chapters: general remarks, a chapter dealing with the appointment and promotion of public prosecutors, and a section devoted to evaluation. Ultimately, this analysis should indicate possible solutions for the selection, evaluation and promotion of public prosecutors in our country, all with the aim of improving the effectiveness of judicial protection.

A new Rule of Law Mechanism is currently being implemented at EU level. The European Commission and relevant institutions are assessing existing judicial systems, including the autonomy and efficiency of public prosecution services in all Member States. Although there is no formal acquis communautaire governing the appointment, evaluation, and career development of prosecutors in the EU, a clear guideline on the preferred system can be drawn from certain rule of law reports and recommendations set out in those reports for EU member- states. In addition, the Venice Commission of the Council of Europe draws attention to this issue through various general and specific recommendations relating to specific legislative reforms in certain Council of Europe member states.