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

Article 159: Plenary Meeting of the High Prosecutorial Council

1"The High Prosecutorial Council is organised and performs its activity in committees or plenary meetings. The competences of the Council which are not mentioned in paragraph 2 of this article shall be exercised by the committees. The competences mentioned in paragraph 2 of this Article are exercised by the Plenary Meeting based on proposals of the respective Committees. "

2The Plenary Meeting of the High Prosecutorial Council shall exercise the following competences:

aadopt sub-legal normative acts, pursuant to this law or other laws, with general binding effect on all prosecutors, administration of the prosecution office, private individuals and public bodies;

badopts acts governing the internal procedures of the Council;

cappoint and promote prosecutors based on the proposal of the Career Development Committee;

çimpose the disciplinary measure of dismissal against the prosecutors of the Special Prosecution Office by 2/3 of the votes, upon the proposal of the Disciplinary Committee;

dreview complaints against decisions of the committees, except for decisions dismissing the decisions of the High Justice Inspector to archive the complaints or close investigation, according to paragraph 13, article 160 of this law.

dhadopt general non-binding guidelines.

eapprove detailed rules on the functioning of the administration of the Council;

ëapprove the composition of the standing committees, ad hoc committees and detailed rules for their activities.

freview complaints according to the instructions of the Prosecutor general or heads of prosecutor's offices.

gapprove detailed rules on the management and use of information technology by the institutions of the prosecution system in cooperation with the information technology centre for the justice system.

3The members of the Council who have made the request based on which the investigation of the High Inspector was initiated, shall not participate in the plenary meeting of the Council and in the meeting of the Disciplinary Committee reviewing the proposals of the High Justice Inspector to impose disciplinary measure.

4The plenary meeting consists of all the members of the Council. The respective member may not participate in the discussion and decision-making over the specific issue of the agenda of the plenary meeting;

aIn case of a decision taken over a disciplinary issue, he/she has filed a complaint to the High Justice Inspector, that was the reason for initiation of disciplinary proceedings;

bIn case of a decision taken over a disciplinary issue, he/she has been member of the committee, which has already taken a decision in the issues governed by article 160 paragraph 13, of this law.

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