IDFI's Opinion on the Draft Organic Law on Prosecutor’s Office

News | Rule of Law | Publications | Policy Document 5 October 2018

The Institute for Development of Freedom of Information (IDFI) presented the opinion on the draft organic law on Prosecutor’s Office to the Parliament of Georgia. Draft organic law and related draft legislative acts were registered in the Parliament on September 20, 2018.

 

The issues reflected in the draft organic law on Prosecutor’s Office is related to the harmonization process of the legislation to the Constitution of Georgia. The new addition to the Constitution will enter into force after presidential elections. According to the Constitution, the prosecution service will be formed as an independent state agency and the Prosecutorial Council will become constitutional body with the functions of guaranteeing the independency, transparency and efficiency of the prosecution service.

 

The formation of prosecution service as an independent state agency was recommended by the international and local organizations during past several years. IDFI considers that the importance of this process should be strengthened on the legislative level. Namely, the draft organic law on “Prosecutor’s Office” should express the solid will of the authorities to implement fundamental reforms in the prosecution system. Only technical amendments to the law will weaken the importance of the process and may significantly hinder the process of forming the PSG as an independent, neutral and accountable body. Thus, further refinement of the initiated draft law is necessary for prevention of the above-mentioned challenges.

 

For refinement of the proposed draft organic law IDFI recommends the following to the Parliament of Georgia.

 

 

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