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

Article 155: Preliminary Verification of fulfilment of legal requirements by the Civil Society Commission attached to the People’s Advocate

1The Civil Society commission for the preliminary verification shall verify whether the candidates of the civil society for the members of the High Prosecutorial Council meet the legal conditions and criteria, under the provisions of Article 152 of this law.

2Upon the completion of the preliminary verification procedure, the civil society commission shall immediately make public the names of the candidates meeting the legal conditions to members of the High Prosecutorial Council in the official website of the People’s Advocate and of the Assembly. The Commission of the civil society shall individually communicate to the candidates the outcome of the verification and meeting or not meeting the legal conditions and reasons for their exclusion.

3The complaints against the decisions for the exclusion of the candidates only for severe procedural infringements shall be filed with the Appeal Administrative Court not later than 5 days from the day of notification of the challenged decision. The Appeal Administrative Court shall decide within 7 days of the day of submission of the complaint. It decision is with prejudice and final. The complaint does not suspend the conduct of the evaluation procedure and preliminary verification carried out by the civil society commission under this Article.

4The civil society commission shall do the preliminary verification of the professional and moral criteria and does a ranking list, under the provisions of Article 132 of this law. The civil society commission shall organise a public hearing with each candidate meeting for legal formal criteria. The candidates shall, in the public hearing, unfold their platform. The process of public hearing is open to media and to all the other observers expressing an interest to follow the process.

5Members of the civil society commission shall vote individually and secretly on the ranking of candidates.

6The civil society commission shall carry out its activity collegially, under 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 provided for differently in this law.

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