Pillar/Sector/Programme

Pillar: Rule of Law

Sector: Ensuring Justice

Programme: Independence and Efficiency of Justice

Main tasks

As a consultative body composed exclusively of prosecutors, representing the various existing systems of prosecution in the 47 member States, as a direct and privileged interlocutor of the prosecutors in member States and of national bodies entrusted with the management of the prosecution services, and having regard to Recommendation Rec(2000)19 on the role of public prosecution in the criminal justice system and Recommendation CM/Rec(2012)11 on the role of public prosecutors outside the criminal justice system, the CCPE shall advise the Committee of Ministers on issues regarding the status of prosecutors and the exercise of their functions and prepare and adopt opinions for the attention of the Committee of Ministers on these issues. While doing so, it shall take into consideration the Council of Europe Plan of Action on strengthening judicial independence and impartiality and the Reports by the Secretary General of the Council of Europe on the “State of Democracy, Human Rights and the Rule of Law in Europe”.

Specific tasks

(i)      Prepare and adopt at least two opinions, in 2018 and 2019 respectively, for the attention of the Committee of Ministers on issues which relate to the implementation of Recommendation Rec(2000)19 and the functioning of the prosecutions services in member States.

(ii)     In accordance with the Council of Europe Plan of Action on strengthening judicial independence and impartiality 2017, taking into account the Reports by the Secretary General of the Council of Europe on the “State of Democracy, Human Rights and the Rule of Law in Europe”, and ensuring proper co-ordination with the CCJE and the CEPEJ, draft and publish each year a Situation Report focused on the status of the public prosecution services in the member States of the Council of Europe, relying on information received in particular from CCPE members and on judgments of the European Court of Human Rights, opinions of the Venice Commission, reports of the Human Rights Commissioner, of the Parliamentary Assembly and, where appropriate, of GRECO; these reports will not contain ratings or rankings of member States’ performance and will not constitute a monitoring mechanism.

(iii)    Promote the implementation of Recommendation Rec(2000)19, in particular by gathering information on the functioning of prosecution services in Europe and through the organisation of conferences on topics of common concern to the profession; if appropriate, it could initiate a reflection on the opportunity to propose to relevant committees of the Council of Europe an updating of this Recommendation.

(iv)    Provide targeted co-operation at the request of member States, CCPE members, prosecutorial bodies or relevant associations of prosecutors, to enable States to comply with Council of Europe standards concerning prosecutors.

(v)     Prepare texts or opinions concerning the specific situation of prosecutors at the request of the Committee of Ministers or other bodies of the Council of Europe, such as the Secretary General or the Parliamentary Assembly.

Composition

Members:

Governments of member States are entitled to appoint one or more representatives of the highest possible rank within the prosecution system. Members should be chosen in contact, where such authorities exist, with the national authorities responsible for prosecutors and with the national administration responsible for managing the prosecution service, from among serving prosecutors having a thorough knowledge of questions relating to the functioning of the prosecution system combined with utmost personal integrity.

The Council of Europe will bear the travel and subsistence expenses of one prosecutor from each member State (two in the case of the State whose representative has been elected Chair).

Each member of the committee shall have one vote. Where a government designates more than one member, only one of them is entitled to take part in the voting.

Participants:

The following may send representatives, without the right to vote and at the charge of their corresponding administrative budgets:

-    European Committee on Crime Problems (CDPC);

-    Consultative Council of European Judges (CCJE);

-    European Commission for the Efficiency of Justice (CEPEJ);

-    European Committee of Legal Co-operation (CDCJ);

-    other Council of Europe intergovernmental committees as appropriate.

The following may send representatives, without the right to vote and without defrayal of expenses:

-    European Union (one or more representatives, including, as appropriate EUROJUST),

-    Observer States to the Council of Europe: Canada, Holy See, Japan, Mexico, United States of America, as well as Kazakhstan.

Observers:

The following may send representatives, without the right to vote and without defrayal of expenses:

-    International Association of Prosecutors (IAP);

-    Association "Magistrats européens pour la démocratie et les libertés" (MEDEL).

Working methods

Plenary meetings:

48 members, 1 meeting in 2018, 3 days

48 members, 1 meeting in 2019, 3 days

Bureau:

Consisting of the President, the Vice-President and two other members of the Council.

4 members, 2 meetings in 2018, 1 day

4 members, 2 meetings in 2019, 1 day

Additional working methods:

2 meetings of limited members of the CCPE (max. 10 members, including the Gender Equality Rapporteur) per year, to prepare the draft Opinion;

Where appropriate, 2 meetings of limited members of the CCPE (max. 4 members) per year to provide targeted co-operation with member States to comply with Council of Europe standards concerning prosecutors;

1 European conference of prosecutors.

The Committee will also appoint a Gender Equality Rapporteur from amongst its members.

The rules of procedure of the Committee are governed by Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.