Federal Prosecutor's Office: Transparency with Proposals
The organization Transparency International welcomes the government's plans to redesign the top of the directive in the judiciary. However, they also have alternative proposals regarding the leadership or appointment of the new federal prosecutor's office. They advocate for the office to be led organizationally by one person, while the substantive decision-making regarding ongoing criminal proceedings could be the responsibility of a three-member panel.
Two-Stage Process for Filling Federal Prosecutor's Office
Regarding the filling of the federal prosecutor's office, the organization advocates for a two-stage process with public hearings in parliament and before a judicial commission. The latter body should be composed exclusively of independent experts - from the judiciary, prosecution, and legal profession. The results of both hearings should be forwarded to the government and the federal president.
A public requirement profile with clear suitability criteria should be mandated, including at least ten years of experience in criminal justice. Paid secondary employment should be prohibited, while voluntary or scientific activities should be allowed.
Maximum Term of Six Years
Transparency further recommends a non-renewable term of six years. To ensure continuity in office management and to avoid the simultaneous replacement of all members, there should be staggered appointments of at least one member. Therefore, when establishing the authority, different terms of office should be used - for example, two, four, and six years. Alternatively, at least one member should be appointed for a shorter term.
According to the government plan presented in July, the federal prosecutor's office, which is to stand at the end of the directive chain instead of the Minister of Justice, is to consist of a fundamentally equal three-member panel elected for six years. The chairmanship is to rotate every two years. The members are to be elected by the National Council on the proposal of a commission specially set up in the Ministry of Justice.
(APA/Red)
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