The Consultative Council of European Prosecutors (CCPE) adopted, on 20 October 2023, its Opinion No. 18 (2023) on Councils of Prosecutors as key bodies of prosecutorial self-governance.
This topic was chosen by the CCPE in relation to the development of CCPE standards on the independence and impartiality of prosecutors and the need to have a better understanding of the institutional framework for supporting these fundamental principles.
The CCPE notes in particular that Councils of Prosecutors are becoming increasingly widespread in member States. At the same time, justice and prosecution systems vary from country to country as a result of differences between legal cultures. There is therefore no uniform model for prosecutorial self-governance, with or without a Council of Prosecutors or other bodies dealing with it.
Notwithstanding the existence of different systems, the CCPE is nonetheless of the opinion that a common feature is the need to provide for the independence and autonomy of the prosecution services in order to secure their impartial and effective functioning and decision making. For this reason, Opinion No. 18 (2023) recognises the institutional value of Councils of Prosecutors and provides guidance on key parameters for such Councils, including their independent status, composition, competence and functioning.
Last but not least, Opinion No. 18 (2023) provides insight into other bodies than Council of Prosecutors which deal, one way or the other, with prosecutorial self-governance in some member States and therefore play a relevant role in this area.
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