Autonomy of Public Prosecution Service - The Impact of the "Checks and Balances" Principle and International Standards

Kolaković-Bojović, Milica and Turanjanin, Veljko (2017) Autonomy of Public Prosecution Service - The Impact of the "Checks and Balances" Principle and International Standards. Journal of Eastern-European Criminal Law (2). pp. 26-41. ISSN 2360-4964

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Abstract

The specific role and duties of the public prosecution service in representing state interests and defending human rights requires careful balancing its autonomy and/or competences stipulated by constitution and laws. Significant influence with this regard have international standards arising from the Venice Commission practice as well as the Committee of Ministries recommendations. The specific context where this process of balancing become more important and more visible exists within accession negotiations for the membership in the EU but also in the EU itself due to variety of national legal systems among member states and candidate countries and their obligation to adopt EU standards and ensure legal guaranties on prosecutorial autonomy in exercising its competencies. The importance and nature of these competences for the functioning of state but also for the wide range offundamental rights raising an issue of the role that constitutional provisions should have in regulation of the public prosecution service position and jurisdiction in certain legal system, especially from the angle of its relationship with executive and legislative power as well as with judicial power in light of the checks and balances principle. Abovementioned issues the authors analysing from the angle of recent challenges related to constitutional amendments in Serbia within accession negotiations with EU.

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