"ON GOVERNANCE INSTITUTIONS OF THE JUSTICE SYSTEM "   |   115/2016

Article 109: Verifying the fulfilment of legal criteria

1The administration of the General Prosecution Office, within seven days from the expiry of the period for submission of expression of interest, under the responsibility of the Prosecutor General, shall verify the criteria met by candidates in accordance with Article 105, paragraph 2 and 4 of this Law and shall officially announce the candidates on the official website of the General Prosecution Office.

2The decision on disqualification of candidates who do not meet the legal requirements provided in Article 105, paragraph 2 and 4, shall be made by the Qualification Committee composed of the Prosecutor General and two other prosecutors of the General Prosecution Office selected by lot from among the ranks of those who do not run as candidates. The lot on the election of members of the Qualification Committee shall be organized under the responsibility of the Prosecutor General.

3Disqualified candidates shall be immediately notified individually in writing by a reasoned decision on the causes for the disqualification.

4If there are no candidates for one or more of the levels of the prosecution service to be represented in the High Prosecutorial Council in accordance with Article 149 of the Constitution and in accordance with this Law, the Prosecutor General shall make a second call no later than 3 days from the date of announcement of candidates in the official website of the General Prosecution Office. In this case, the deadline for submission of expression of interest shall be 15 days from the date of the announcement of the second call.

5If no candidates from the unrepresented instances of the prosecution service apply following the second call, they will be elected by lot from among the ranks of prosecutors who have applied for the vacancy. A candidate who meets the criteria to be elected a Council member and criteria to be promoted or transferred to the unrepresented instances of the prosecution service has the right to apply for the respective vacancy.

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