Strasbourg, 3 July 2014

CCPE-GT(2014)6

WORKING GROUP OF THE

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS

(CCPE-GT)

Report of the 15th meeting

Paris, 19 – 20 June 2014

Document prepared by the Secretariat

Directorate General I - Human Rights and Rule of Law

I. INTRODUCTION

    1. The Working Group of the Consultative Council of European Prosecutors (CCPE-GT) held its 15th meeting in Paris on 19–20 June 2014. The meeting was chaired by Mr Antonio MURA (ITALY), President of the CCPE.

    2. The agenda and the list of participants are reproduced in Appendices I and II respectively.

II. COMMUNICATION BY THE PRESIDENT AND MEMBERS OF THE BUREAU AND WORKING GROUP OF THE CCPE

    3. The President informed that, by a decree of the Italian President, he was assigned the function of Head of Department for Justice Affairs in the Ministry of Justice. He also informed that Italy would assume, in July-December 2014, the Presidency of the Council of the European Union.

    4. Ms Raija TOIVIAINEN (Finland) informed about her participation, on behalf of the CCPE, in the 19th Conference of Directors of Prison and Probation Services held in Helsinki on 17-18 June 2014.

III. PREPARATION OF OPINION No. 9: EUROPEAN CHARTER FOR PUBLIC PROSECUTORS - UPDATED PRINCIPLES APPLICABLE 14 YEARS AFTER REC(2000)19

    5. The Working Group examined the draft of Opinion No.9 (document CCPE-GT(2014)5Prov3) and the compilation of the case-law of the European Court of Human Rights (document CCPE-GT(2014)2). The President thanked its members as well as the Bureau members for their contributions and recalled that this reference document should be largely available and be at the disposal of all prosecutors, judges and other legal professionals. It has as aim also to highlight the evolutions since Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system.

    6. It was underlined that the text was too long and that an effort was needed to cut the possible repetitions and overlapping. The numerous footnotes, which refer to the European texts of principles contained in the draft Opinion, should be rationalised and could become endnotes. Moreover, the draft would need to be restructured to become a readable Charter: presentation of key principles followed by an explanatory note. The current text was considered as the draft explanatory note.

    7. The political dimension of the document was also mentioned as well as the fact that different cultures could give value to this document in different ways.

    8. The Working Group entrusted the members of the Bureau with the task of synthesising chapters which were not examined during the meeting, before 4 July 2014. The Secretariat would then prepare the consolidated draft and send it to Mr Peter McCORMICK for editorial work. The latter would send the edited text to the Bureau and the Secretariat before 18 July 2014 for translation. In parallel, the members of the Bureau would prepare the text of the keys principles, to be sent, together with the explanatory note, to the members of the working group for possible comments, deadline 10 September 2014.

IV. OTHER WORKS OF THE CCPE

a. Montenegro

    9. Following a letter and several communications from the CCPE member in respect of Montenegro and representing the Prosecutorial Council and the State Prosecutor’s Office of Montenegro, regarding the re-election of prosecutors, the Bureau of the CCPE decided to create an ad hoc Working Group consisting of CCPE members, in order to prepare an Opinion dealing with the status of prosecutors following amendments to the law concerning the State Prosecutor's Office in Montenegro vis-à-vis the standards developed by the CCPE and the Recommendation Rec(2000)19.

    10. This Opinion concluded that a change in the national Constitution or in the law should not lead to a loss of the office of prosecutors regularly appointed according to the previous Constitution and law, and such change should not lead to an end of the career of a duly appointed prosecutor, who has not been subject to any sanctions duly imposed as a consequence of a serious offence committed previously.

    11. The Opinion was sent to the relevant authorities and published on the CCPE’s website.

b. Turkey

    12. Following several different inputs, including a letter from Mr Christophe REGNARD, President of the European Association of Judges, the Bureau elaborated a Declaration of the CCPE concerning recent developments in Turkey as regards some amendments to the national legislation on the judicial system.

    13. The Declaration expressed a concern about the reform, adopted by the Turkish Parliament on 15th February 2014, strengthening significantly the powers of the government in the appointment of judges and prosecutors and allowing the Minister of Justice to intervene in the functioning of the High Council of Judges and Prosecutors. As a result, the independence of the judiciary could be infringed, allowing the executive power to influence judicial proceedings.

    14. In the Declaration, the CCPE also took note that the Constitutional Court of Turkey annulled, on 10 April 2014, many of these new provisions, but noted that the remaining provisions still raised concerns.

    15. The Declaration was sent for consultation to all members of the CCPE and, after their comments and approval, it was sent to the relevant authorities and published in the CCPE website.

V. OTHER BUSINESS

    16. The President of the CCPE, on behalf of the Bureau, informed the CCPE-GT that the dates of the CCPE plenary meeting in Rome, initially planned on 4-5 December 2014, would most likely be changed. As soon as the new dates become clear, all members of the CCPE would be informed accordingly.

    17. The next meeting of the CCPE Bureau was planned in Paris on 29-30 September 2014.

APPENDIX I

AGENDA / ORDRE DU JOUR

1. Opening of the meeting / Ouverture de la réunion

2. Adoption of the agenda / Adoption de l’ordre du jour

3. Communication by the President, members of the Bureau and the Secretariat / Communication du Président, des membres du Bureau et du Secrétariat

4. Preparation of the European Charter for Public Prosecutors - updated principles applicable 14 years after Rec(2000)19 / Préparation de la Charte Européenne pour les procureurs - principes actualisés applicables 14 ans après la Rec(2000)19

5. Exchange of views on the requests for targeted co-operation and follow-up by the CCPE / Echange de vues sur les demandes de coopération ciblée et le suivi par le CCPE

6. Participation of the CCPE in preparing the draft international convention to combat the manipulation of sports competitions / La participation du CCPE dans la préparation d’un projet de convention internationale contre la manipulation des compétitions sportives

7. Other work of the CCPE / Autres travaux du CCPE

8. Any other business / Divers

APPENDIX II

LIST OF PARTICIPANTS

MEMBERS OF CCPE-GT / MEMBRES DU CCPE-GT

ARMENIA / ARMÉNIE (substitute member / membre suppléant)

Ms Nelly HARUTYUNYAN, Head of Department of International Legal Cooperation, Office of the Prosecutor General, Yerevan

BOSNIA AND HERZEGOVINA / BOSNIE-HERZÉGOVINE

Ms Gordana BOSILJČIĆ, Prosecutor, Office of the Chief Prosecutor, Sarajevo

GERMANY / ALLEMAGNE (excused / excusé)

Mr Harald RANGE, Generalbundesanwalt beim Bundesgerichtshof, Karlsruhe

IRELAND / IRLANDE

Mr Peter McCORMICK, Prosecutor, Office of the Director of Public Prosecutors, Dublin

MONACO

Mr Jean-Pierre DRENO, Procureur Général, Parquet Général, Monaco

POLAND / POLOGNE

Ms Elizabeth SIDWA, Prosecutor, Department of International Cooperation, General Prosecutor’s Office, Warsaw

PORTUGAL

Mr João Manuel DA SILVA MIGUEL, EUROJUST, The Hague, The Netherlands

RUSSIAN FEDERATION / FÉDÉRATION DE RUSSIE

Mr Alexander Grigorievich ZVYAGINTSEV, Deputy Prosecutor General, Office of the Prosecutor General, Moscow

Mr Vladimir P. ZIMIN, First Deputy Head, General Department of International Legal Cooperation, Office of the Prosecutor General, Moscow

SPAIN / ESPAGNE (excused / excusé)

Mr Antonio VERCHER NOGUERA, Deputy Attorney General, Madrid

TURKEY / TURQUIE (excused / excusé)

Mr Hasan DURSUN, Judge, High Council of Judges and Prosecutors, Ankara

***

MEMBERS OF CCPE-BU / MEMBRES DU CCPE-BU

BELGIUM / BELGIQUE

Mr Cedric VISART de BOCARME, Chef de Cabinet, Ministère de l’Intérieure, Bruxelles

DENMARK / DANEMARK

Ms Alessandra GIRALDI, Assistant Deputy Director, Office of the Director of Public Prosecutions, Copenhagen

FINLAND / FINLANDE

(Vice-President of CCPE /Vice-Président du CCPE)

Ms Raija TOIVIAINEN, State Prosecutor, Head of the International Unit, Helsinki

ITALY / ITALIE

(President of CCPE/Président du CCPE)

Mr Antonio MURA, Head of Department for Justice Affairs, Ministry of Justice, Roma

***

COUNCIL OF EUROPE’S SECRETARIAT /

SECRETARIAT DU CONSEIL DE L’EUROPE

Directorate General of Human Rights and Rule of Law/

Direction Générale des droits de l’homme et de l’état de droit

Division for the independence and efficiency of justice /

Division pour l’indépendance et l’efficacité de la justice

E-mail: ccpe@coe.int

Fax: + 33 (0) 88 41 37 43

Ms Muriel DECOT, Secretary of the CCPE / Secrétaire du CCPE, tel: + 33 (0)3 90 21 44 55; e-mail: muriel.decot@coe.int

Mr Artashes MELIKYAN, Co-Secretary of the CCPE / Co-Secrétaire du CCPE, tel: + 33 (0)3 90 21 47 60; e-mail: artashes.melikyan@coe.int

Mr Jean-Pierre GEILLER, Documentation / Documentation, tel: + 33 (0)3 88 41 22 27; e-mail: jean-pierre.geiller@coe.int

Ms Annette SATTEL, Administration and Networks / Administration et Réseaux, tel: + 33 (0)3 88 41 39 04; e-mail: annette.sattel@coe.int

Ms Emily WALKER, Assistant / Assistant; tel: + 33 (0)3 90 21 48 39, e-mail: emily.walker@coe.int



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