A member of the Prosecutorial Council, Stevo Muk, assessed that the Government adopted the proposal to amend the Law on the State Prosecutor's Office, which allows the mandate of the Acting Supreme State Prosecutor to last until the election of the head of the State Prosecutor's Office for a full term, in a procedurally flawed way, under the item "Miscellaneous". without announcement, without public discussion and without consultation with the European Commission.
At the end of the week, the Government determined and sent to the Parliament the Proposal for a Law on Amendments to the Law on the State Prosecutor's Office, which provides that the mandate of the Acting Supreme State Prosecutor is not limited to two consecutive six months, but can last until the election of the head of the State Prosecutor's Office in full mandate.
"It is about a bill, the sole aim of which is to extend the mandate of the current acting VDT for an unlimited period of time," said Muk for "Vijesti".
The Supreme State Prosecutor's Office has been in acting status since October 2019. The current acting VDT, Maja Jovanović, who is also the president of the TS, ends her second six-month term in that position on February 5.
Given that the Assembly did not elect a VDT, after that date, according to the current regulations, it is necessary to elect a new acting deputy.
TS recently sent an initiative to the Government requesting that the amended law be able to appoint a state prosecutor who meets the requirements for acting VDT, but also to delete the position limiting that the same person can serve as acting VDT a maximum of two times in a row, if if the supreme state prosecutor is not elected during the term of office.
"By adopting such a bill at a time when a decision was made to announce a call for acting VDT, and at a time when the procedure for electing a full-term VDT is underway, a discouraging message was sent to other candidates and a high degree of legal uncertainty was introduced. "Earlier, I expressed my fear that such a solution could discourage the Assembly from electing the VDT in the full constitutional mandate," Muk pointed out.
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