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

Article 129: Verification of meeting the legal conditions

1Not later than 45 days from the day of the expiry of the time period for submitting the expression of interest to be a member of the High Prosecutorial Council, the Independent Ad Hoc Commission shall verify the meeting of the legal conditions by the candidates. To the effect of assuming their responsibilities for the preliminary verification of the meeting of the legal conditions for the candidates, the Commission shall be assisted by the administration of the People’s Advocate.

2For the verification of the integrity of the candidate, the Chairperson of the Commission shall immediately transmit to the General Prosecution Office the self-declaration forms, filled out by the candidates, in compliance with the requirements of the law “On guaranteeing the integrity of the persons being elected, appointed or assuming public function”, as appropriate. The General Prosecution Office shall carry out the verification within 30 days from the submission of the forms.

3To the effect of verifying the other legal conditions, the Commission Chairperson shall send requests in writing to the address of private and public entities as appropriate.

4To the effect of checking the meeting of the conditions provided for in letters from “c” up to “e”, of Article 19 of this Article, as necessary, the Chairperson of the Commission address the National Chamber of the Advocacy for establishing the information declared by the candidate.

5Upon the completion of the preliminary verification procedure, the Commission shall announce the names of candidates meeting the legal conditions to be members of the High Prosecutorial Council on the official website of the People’s Advocate, Assembly and of the National Chamber of Advocacy. At the same time, the Commission shall communicate individually to the candidates the outcome of the verification of the declared data.

6The Independent Ad Hoc Commission shall assume its activity collegially and in compliance with the rules and procedures provided for in the legislation on the organisation and functioning of the collegial bodies, to the extent it has not been foreseen differently in the law.

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