Regulatory framework for prosecutorial integrity

Review of the regulatory framework for prosecutorial integrity safeguards and measures against undue influence at the national level. The indicators measure legal safeguards on selection, promotion and appointment of prosecutors. In legal systems where prosecutors are elected, the relevant criteria on the selection of prosecutors are applied for the selection of electoral prosecutorial candidates. The fair election of prosecutors constitutes an objective criterion for the appointment, selection and promotion of prosecutors. The indicators include legal safeguards establishing objective processes for the transfer and dismissal of prosecutors; allocation of cases; recusal and conflict-of-interest situations at the national level. In addition, the indicators measure legal safeguards ensuring the financial resources required for prosecutorial authorities to fulfil their functions. The criteria below are based on the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Convention on Human Rights, the European Convention on Human Rights, the Montreal Universal Declaration on the Independence of Justice (First World Conference on the Independence of Justice, 1983), the Guidelines on the Role of Prosecutors (adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders on 7 September 1990), the Recommendation (2000) 19 of the Committee of Ministers to Member States on the role of public prosecution in the criminal justice system (Adopted by the Committee of Ministers of the Council of Europe on 6 October 2000), the Recommendation (2012) 11 of the Committee of Ministers to member States on the role of public prosecutors outside the criminal justice system (Adopted by the Committee of Ministers on 19 September 2012), as well as Opinion No. 13 (2018) of the Consultative Council of European Prosecutors (CCPE) on the “Independence, accountability and ethics of prosecutors”, Opinion No. 13 (2018) of the Consultative Council of European Prosecutors (CCPE) on “The role of prosecutors in fighting corruption and related economic and financial crime”, and GRECO Fourth Round Evaluation Reports.