ON THE ORGANIZATION AND FUNCTIONING OF INSTITUTIONS FOR COMBATING CORRUPTION AND ORGANIZED CRIME   |   95/2016

Article 6: Security Conditions Prior to Assignment or Employment

1A candidate to be a judge and judicial civil servant of the Anti-Corruption and Organized Crime Courts, a prosecutor and personnel of the Special Prosecution Office, or director and investigator of the National Bureau of Investigation shall complete the security conditions before they can be assigned or hired to one of those positions. No candidate may be assigned or hired without satisfying these conditions. The same conditions should be met by every other employee of the Special Prosecution Office or the National Bureau of Investigation who exercises an investigative function, or whose duty directly supports the investigative process. The security conditions before they can be assigned or hired to those positions are:

aControl on the reviewing of their background and assets;

bGiving consent to periodic control of their bank accounts and personal telecommunications, for which the applicant shall complete and sign a written statement as found in Annexes B1 and B2 of this law, and

cConsent from the close family members to periodic control of their bank accounts and personal telecommunications, for which the close family members shall sign a written waiver as found in Annex B3 of this law.

2Candidates, jointly with the request for application, complete and submit the Declaration of Assets and the Background Assessment Declaration to the appointing authority. If, within 180 days prior to his or her submission of the application, the candidate has had an audit by the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interests, which has not resulted into an adverse finding, than this criterion shall be considered as being fulfilled.

3Candidates shall complete the Background Assessment Declaration as found in Annex A of this law, and submit it to the appointing authorities.

4Candidates and the close family members shall complete and sing the self-declaration found in Annex B3 of this law, according to which, if assigned or hired, the candidate’s telecommunications as well as their bank accounts will be subject to monitoring and waiving their right to privacy in those communications, as well as submit those documents to the appointing authorities.

5The Anti-Corruption and Organized Crime Courts, the Special Prosecution Office, and the National Bureau of Investigation shall form an Ad Hoc Committee for the Verification of Assets and Background of Candidates to verify the security pre-conditions prior to the assignment or employment, consisting of:

aTwo prosecutors of the Special Prosecution Office, selected by lot. The selection by lot shall be monitored by the Ombudsperson;

bA judge of the Anti-Corruption and Organized Crime Courts, selected by lot. The selection by lot shall be monitored by the Ombudsperson;

cAn employee of the financial investigation section at the Special Prosecution Office, appointed by the Chief Special Prosecutor;

çAn investigator of the National Bureau of Investigation, appointed by the Director of the National Bureau of Investigation.

6The Ad Hoc Committee for the Verification of Assets and Background of Candidates, after receiving the declarations in accordance with paragraphs 2, 3 and 4 of this Article from the respective appointing authorities, shall conduct the necessary verifications on assets and background, and within 120 days, shall submit to the appointing authority a detailed report on the legality of the sources of assets and background, as well as any other supporting documentation submitted by the candidates or the relevant state institutions, which shall become part of the candidate’s file in accordance with the legislation in force. The Ad Hoc Committee for the Verification of Assets and Background of Candidates, apart from the documentations submitted by the candidates themselves, may request data or official information from any state institution regarding the candidates. The Ad Hoc Committee for the Verification of Assets and Background of Candidates, requests information from state institutions, which have in their scope of activity, is related to the investigation and collection of data on assets and background of individuals, assigning specific tasks and deadlines for their fulfillment. The relevant state institution is obliged to submit the required information or documentation within 15 days from the date of notification. These acts are administered as part of the candidate's file and are treated in accordance with applicable legislation on the protection of personal data. Official data and information can be made available to the candidate on the basis of a reasoned request and in accordance with the legislation in force for classified information. In the event that secret classified information or documents violates public safety, then the Ad Hoc Committee for the Verification of Assets and Background of Candidates, after reviewing this evidence, does not include it in the individual file of the candidate and is obliged to maintain confidentiality on their content.

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