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

Article 174: Waiver

1"A member of the High Prosecutorial Council is obliged to waive participation in the meetings of the committees or plenary meeting of the Council considering disciplinary proceedings against a prosecutor, in the decision-making on the promotion, transfer or secondment of a prosecutor and neither be a rapporteur for professional and moral assessment of a prosecutor as well as from any other administrative proceedings related to the status of the prosecutor or other functionaries of the prosecutorial system whose status is administered by the Council, in the following cases: "

aWhen he/she, the spouse/cohabitant or the children are debtors or creditors in relation to the subject of the proceeding, or that is to be evaluated or promoted, transferred or seconded, or that have represented his/her interests in the past;

bWhen the advocate or representative of the subject of the administrative proceeding is a close relative to him/her or of his/her spouse /cohabitant;

cWhen there are disputes between him/her, his/her spouse / cohabitant or any of his/her close relatives and the subject of the proceeding, or that is to be evaluated, promoted, transferred or seconded;

çWhen he/she or any of his/her relatives or spouse / cohabitant has been damaged by the actions or acts of the subject of the administrative proceeding, which have caused the initiation of disciplinary proceedings;

dWhen a close relative of him/her or of his/her spouse / cohabitant has made the complaint to the High Justice Inspector, the investigation of which has led to the initiation of disciplinary proceedings.

2"The decision on accepting the waiver of a member shall be made by the Chairperson of the Council. In case of waiver by the Chairperson, the decision on its acceptance shall be made by the Deputy Chairperson. "

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