Legal status of the prosecutor in the prosecution bodies of the Member States of the European Union.
Journal Title: Прикарпатський юридичний вісник - Year 2018, Vol 2, Issue 1
Abstract
The article is devoted to the study of the comparative legal study of the legal status of prosecuting authorities in EU Member States. The author substantiates the idea that the legal status of prosecutors depends to a large extent on the place of the prosecutor’s office in the mechanism of state power of the respective state, and at the same time concludes that each EU Member State is established and guaranteed the independence of prosecutors in the exercise of their powers. In the countries where the prosecutor’s office is part of the Ministry of Justice, prosecutors have been found to be an independent category of civil servants, their status is different from that of judges, and the legal basis for regulating their position is the general law on public (public) service. At the same time, in countries where the prosecutor’s office is part of the Ministry of Justice, although it belongs to the judiciary and acts before the courts, prosecutors may belong to the judicial corps (magistrates). It is argued that in countries where the prosecutor’s office acts as a judicial authority, prosecutors are fully equal in status to judges: like the latter, they use the immunity of members of parliament (ie members of parliament), and the issue of deprivation of immunity is considered by a special body.
Authors and Affiliations
О. В. Хорсуненко
Keywords
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