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

Article 164: Calling the meeting of the High Prosecutorial Council

1The High Prosecutorial Council shall meet whenever necessary, but not less than once a month.

2The Chairperson of the Council shall decide on the date and time of the meeting.

3The Chairperson may call other meetings when deemed necessary for the operation of the Council;

4The meeting of the Council may be called upon the request of at least three members of the Council by determining in the request the issues to be discussed in the meeting. Even in this case, the Chairperson shall decide on the date and time of the meeting not later than 7 days from the submission of the request.

5The Chairperson shall assure the observation of the procedures for the notification of every member in writing not later than seven days before each meeting of the Council.

6The notice shall be accompanied by the agenda, draft decisions proposed to be made during the meeting, along with any data, draft act and legal advice, as well as any other information or act that shall be considered in the meeting or subject to the discussions in the meeting;

7The rules foreseen in paragraph 6 of this article shall not constitute an impediment to approve requests for changing the content of a draft decision that accompanies the agenda.

8Each decision of the Council constituting an individual administrative act regarding the professional status of specific prosecutors or specific officials of the administration shall be signed by every member present in the meeting, in accordance with what has been agreed. The refusal by a member to sign the content of the decision shall not constitute a reason for invalidation of the act. The other acts shall be signed by the Chairperson of the Council.

9In cases where the Council makes individual administrative decisions regarding the professional status of specific prosecutors or specific officials of the prosecution office administration, the dissenting member may request that his/her opinion be annexed to the decision of the Council. In this case, the member is responsible for drafting and submitting the dissenting opinion within the deadline set by the Council for the transcription of the decision.

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