Prosecutor Vetting – how were the first subjects chosen?

The Prosecutor Vetting Commission evaluates candidates under two laws. The Commission evaluates candidates for the Superior Council of Prosecutor’ Selection and Evaluation Board and Discipline and Ethics Board under Law No. 26/2022. This evaluation is also known as “pre-vetting”.

The Commission separately evaluates prosecutors in key positions, including the Prosecutor General, the Deputy Prosecutor General, the chief prosecutors of General Prosecutor’s Office subdivisions under Law No. 252/2023. This evaluation also applies to the prosecutors from the two specialized prosecution offices, including the Anti-Corruption Prosecutor’s Office. The evaluation criteria and consequences for the two types of evaluations are different.

To initiate evaluations under either law, the Commission requests the SCP to submit a list of the candidates to be considered.

In late December 2023, the Commission started evaluations under Law No. 26/2022 by requesting that the SCP provides the list of candidates for the SCP’s Selection and Evaluation Board and Discipline and Ethics Board. The Commission received a list from the SCP containing the names of 32 candidates. To date, the Commission has issued decisions on 8 candidates, with another 24 evaluations ongoing.

In May 2024, the Commission separately initiated procedures under Law No. 252/2023. Because this law expressly provides that anti-corruption prosecutors are evaluated with priority, the Commission requested the SCP to provide the list of prosecutors at the APO to be evaluated. The Commission received that list on 23 May and immediately initiated the evaluation of anti-corruption prosecutors under Law No. 252/2023.