Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element?
This paper deals with the issue of the independence of the Prosecutor’s Office of the Slovak Republic as an attribute that allows the Prosecutor’s Office to actually carry out its mission, regardless of the individual interests of the parties concerned and regardless of the government’s political go...
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| Format: | Article |
| Language: | English |
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MDPI AG
2022-08-01
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| Series: | Social Sciences |
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| Online Access: | https://www.mdpi.com/2076-0760/11/8/364 |
| _version_ | 1797441938826199040 |
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| author | Bystrík Šramel |
| author_facet | Bystrík Šramel |
| author_sort | Bystrík Šramel |
| collection | DOAJ |
| description | This paper deals with the issue of the independence of the Prosecutor’s Office of the Slovak Republic as an attribute that allows the Prosecutor’s Office to actually carry out its mission, regardless of the individual interests of the parties concerned and regardless of the government’s political goals and basic beliefs. In the first chapter, the paper deals with the current constitutional regulation of the Prosecutor’s Office of the Slovak Republic in the context of the legal regulation of its independence. The author points out the problems that arise from the absence of granting the attribute of independence to the Slovak Prosecutor’s Office and emphasizes the need for its legislative anchoring. Subsequently, the paper deals with the issue of external independence, which allows the public prosecution office to carry out its tasks without being influenced by various entities from the external (political) environment. In the last chapter, the paper presents the possibilities for strengthening the current degree of external independence of the Slovak Prosecutor’s Office. The author considers it crucial to reconsider and redefine the current system of appointing the Prosecutor General and to remove political ties in the creation of this function. The author of the paper considers two variants of the system of selecting a suitable candidate for the Prosecutor General. First, it is possible to strengthen the existing system of self-government of prosecutors and to increase the scope of the powers of authorities of prosecutorial self-government, the current task of which is to ensure the protection of the rights and legitimate interests of prosecutors. The second possibility for strengthening the external independence of the Prosecutor’s Office of the Slovak Republic could be the creation of another type of Council of Prosecutors, the composition of which would be balanced and would not represent a closed system accessible only to prosecutors. |
| first_indexed | 2024-03-09T12:34:28Z |
| format | Article |
| id | doaj.art-07f2e2b3a12a40e7bdcbc7c392b9fa47 |
| institution | Directory Open Access Journal |
| issn | 2076-0760 |
| language | English |
| last_indexed | 2024-03-09T12:34:28Z |
| publishDate | 2022-08-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Social Sciences |
| spelling | doaj.art-07f2e2b3a12a40e7bdcbc7c392b9fa472023-11-30T22:25:31ZengMDPI AGSocial Sciences2076-07602022-08-0111836410.3390/socsci11080364Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element?Bystrík Šramel0Faculty of Social Sciences, University of Ss. Cyril and Methodius in Trnava, 917 01 Trnava, SlovakiaThis paper deals with the issue of the independence of the Prosecutor’s Office of the Slovak Republic as an attribute that allows the Prosecutor’s Office to actually carry out its mission, regardless of the individual interests of the parties concerned and regardless of the government’s political goals and basic beliefs. In the first chapter, the paper deals with the current constitutional regulation of the Prosecutor’s Office of the Slovak Republic in the context of the legal regulation of its independence. The author points out the problems that arise from the absence of granting the attribute of independence to the Slovak Prosecutor’s Office and emphasizes the need for its legislative anchoring. Subsequently, the paper deals with the issue of external independence, which allows the public prosecution office to carry out its tasks without being influenced by various entities from the external (political) environment. In the last chapter, the paper presents the possibilities for strengthening the current degree of external independence of the Slovak Prosecutor’s Office. The author considers it crucial to reconsider and redefine the current system of appointing the Prosecutor General and to remove political ties in the creation of this function. The author of the paper considers two variants of the system of selecting a suitable candidate for the Prosecutor General. First, it is possible to strengthen the existing system of self-government of prosecutors and to increase the scope of the powers of authorities of prosecutorial self-government, the current task of which is to ensure the protection of the rights and legitimate interests of prosecutors. The second possibility for strengthening the external independence of the Prosecutor’s Office of the Slovak Republic could be the creation of another type of Council of Prosecutors, the composition of which would be balanced and would not represent a closed system accessible only to prosecutors.https://www.mdpi.com/2076-0760/11/8/364Public Prosecutor’s Officeindependenceexecutive powerProsecutor Generalconstitutional systempoliticization |
| spellingShingle | Bystrík Šramel Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element? Social Sciences Public Prosecutor’s Office independence executive power Prosecutor General constitutional system politicization |
| title | Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element? |
| title_full | Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element? |
| title_fullStr | Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element? |
| title_full_unstemmed | Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element? |
| title_short | Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element? |
| title_sort | possibilities of strengthening the independence of the public prosecutor s office of the slovak republic a system of appointment of the prosecutor general to the office as a key element |
| topic | Public Prosecutor’s Office independence executive power Prosecutor General constitutional system politicization |
| url | https://www.mdpi.com/2076-0760/11/8/364 |
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