Doc. 8328 revised

25 February 1999

Role of the public prosecutor’s office in a democratic society governed by the rule of law

Motion for a recommendation

presented by Mr Holovaty and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The Assembly notes that the role and functioning of the public prosecutor’s office differs in Council of Europe member states. For example, in many countries of central and eastern Europe, the public prosecutor’s office retains elements of the Soviet “prokuratura” model in role and/or functioning, while in western Europe, the French model differs considerably from the German or British models.

2.       These differences in the role, functioning and organisation of the public prosecutor’s office have tended to hinder effective transfrontier and international co-operation, notably in the fight against organised crime. While the Council of Europe should not press for uniformity in the shape and tasks of the prosecutor’s offices throughout member states, a definition of core tasks derived from the role of the public prosecutor’s office in a democratic society governed by the rule of law could prove helpful.

3.       The Council of Europe Legal Affairs Directorate has already begun to work on this problem, by holding seminars, for example. The Assembly considers, however, that the work of the Council of Europe should now take a different direction, and deal with the underlying problems in this field.

4.       The Assembly thus recommends that the Committee of Ministers:

i.       define the role of the public prosecutor’s office in a democratic society governed by the rule of law;

ii.       promote enhanced and effective co-operation between public prosecutors' offices in Council of Europe member states, especially in the fight against organised crime.

Signed ¹:

Holovaty, Ukraine, LDR

Akcalı, Turkey, EDG

Bindig, Germany, SOC

Frunda, Romania, EPP/CD

Gelderblom-Lankhout, Netherlands, LDR

Jansson, Finland, LDR

Kirkhill, United Kingdom, SOC

Marty, Switzerland, LDR

Moeller, Denmark, EDG

Nastase, Romania, SOC

Schwimmer, Austria, EPP/CD

Simonsen, Norway, NR

Solonari, Moldova, SOC

Tabajdi, Hongrie, SOC

Wohlwend, Liechtenstein, EPP/CD

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic and Reformers Group

LDR: Liberal, Democratic and Reformers Group

      UEL: Group of the Unified European Left

      NR: not registered in a group