N3.T7 – ANALYSIS OF THE WORK OF THE PROSECUTORIAL COUNCIL IN 2023 AND 2024
HRA NEWSLETTER 3 – TOPIC 7
The fourth report from Human Rights Action (HRA) analyzing the work of the Prosecutorial Council for the years 2023 and 2024 has highlighted significant advancements in the functioning of this body, particularly when compared to the previous report from 2022. Notably, improvements have been made in the reasoning that accompanies the Council’s decisions, marking a positive shift in its operations.
Over the course of 2023 and 2024, the Prosecutorial Council addressed 42 promotions and elections of prosecutors, providing more well-reasoned decisions. The number of active prosecutors increased from 85 to 114, with four additional candidates expected to complete their training and begin work at the start of 2025.
“By the end of next year, we may reach a number of prosecutors that is closer to what is necessary for the proper operation of prosecutor’s offices”, remarked Supreme State Prosecutor Milorad Marković, noting that the target number is 141.
However, it is concerning that a quarter of the prosecutors have resigned over the past three years. HRA Executive Director Tea Gorjanc-Prelević pointed out that the existing public officials’ compensation scheme, similar to that of judges, allows individuals to receive a full salary for up to two years after resigning, which she described as an “excessive and incorrect motivation for leaving the highly responsible job of a prosecutor”.
On a more positive note, there appears to be a renewed interest among young lawyers in pursuing careers within the State Prosecutor’s Office, as evidenced by 24 candidates applying for 11 positions in the most recent competition.
The report also noted a positive change in the evaluation of state prosecutors’ performance, moving away from exclusively excellent ratings. Nonetheless, the HRA recommends further amendments to the Law on the State Prosecutor’s Office to clearly define the criteria for evaluations.
According to attorney Veselin Radulović, “The Law stipulates that the quality of state prosecutors’ work is evaluated based on the number of accepted or rejected proposals for custody determinations and extensions, accepted appeals concerning the rejection of criminal charges, final judgments by regular courts, as well as the number of convictions and approved appeals”.
In 2023, the Prosecutorial Council reviewed 199 complaints, with a notable increase to 204 complaints in 2024.
“The volume of work indicates, much like in the Judicial Council’s case, that the professionalization of at least some members’ roles should be seriously considered”, stated Gorjanc-Prelević.
The report further emphasizes the need to amend the Law on the State Prosecutor’s Office, particularly concerning disciplinary and ethical responsibilities. The HRA calls for clearer definitions of disciplinary offenses, ensuring that descriptions of such offenses are distinct from violations of the Code of Ethics, which would facilitate the imposition of appropriate sanctions for omissions.
For additional information and a detailed presentation of the conclusions and recommendations, see the draft HRA report at this link.
