Strengthening functional independence of prosecutors in Eastern European participating States: Needs Assessment Report

In a democratic society, the rule of law is guaranteed by the fair, impartial and effective administration of justice. Such administration of justice requires independent and impartial judges and public prosecutors who ensure that individual rights and freedoms are guaranteed, and public order is protected.

This study examines the functional independence of prosecutors from a practical perspective. The measure of the “functional” or “procedural” independence of prosecutors is their capacity to lead the investigation and/or prosecution and make key procedural decisions based on law, circumstances of the case and their personal conviction, without any improper interference. The report is part of the project “Strengthening the independence and accountability of judges and prosecutors: Enhancing the rule of law in Eastern Partnership countries“, funded by the Nordic Council of Ministers and implemented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).