BUREAU OF THE CONSULTATIVE COUNCIL
OF EUROPEAN PROSECUTORS
Report of the 14th meeting
Strasbourg, 17 March 2011
prepared by the Directorate General of Human Rights and Legal Affairs
1. The Bureau of the Consultative Council of European Prosecutors (CCPE-BU) held its 14th meeting in Strasbourg on 17 March 2011, under the chairmanship of Mr. Joao Manuel da SILVA MIGUEL (Portugal), President of the CCPE.
2. Also present were the members of the Bureau:
§ Antonio MURA (Italy), Vice-Chair of the CCPE
§ Ms. Raja TOIVIAINEN (Finland)
§ Mr. Cedric Visart de Bocarmé (Belgium).
3. The agenda appears in Appendix I.
II. COMMUNICATION OF THE CHAIRMAN, MEMBERS OF THE BUREAU AND THE SECRETARIAT
4. The Vice President informed the Bureau that the Italian High Judicial Council confirmed the invitation to hold the next meetings of the Working Group and the Bureau of the CCPE in Rome in early July, during a conference organised on the occasion of the10th anniversary of the Recommendation Rec (2000) 19. Several members of the Bureau or the Working Group will be invited to participate as speakers.
5. The Secretariat made clear that the holding of a meeting outside Strasbourg and Paris is subject to the approval of the Secretary General of the Council of Europe.
III. PREPARATION OF OPINION No. 6 ON THE RELATIONSHIP BETWEEN PROSECUTORS AND THE PRISON ADMINISTRATION
6. The Bureau thanked the members of the CCPE for the many replies to the questionnaire on the subject of the Opinion. The answers can be consulted on the website of the CCPE (www.coe.ccpe).
7. It insists, for guiding the Working Group in its discussions, on the following items concerning the content of the Opinion:
- Given the quality of Recommendation Rec (2006) 2 on the European prison rules, it should stick to the same scope;
- It is important to mention the case-law of the European Court of Human Rights, regarding the powers of prosecutors and the respect for human rights in prison;
- It is essential, especially when preparing the recommendations and guidelines to be contained in the Opinion, to consider the states in which the prosecutor has no specific role in penitentiary matters;
- It should to be ensured to avoid duplication with the many other international relevant and existing texts in this matter and to draft a brief but effective text.
IV. OTHER WORK OF THE CCPE
European Committee on Legal Cooperation (CDCJ), Draft Recommendation on the role of the prosecutor outside the criminal sphere
8. The CDCJ was instructed to prepare a draft Recommendation on the role of prosecutors outside the criminal sphere. The CCPE, having adopted its Opinion No. 3 on the same subject, should be closely related to the work of the CDCJ, in principle by the appointment of the President of the CCPE as an expert for drafting the preliminary pre-draft recommendation.
9. The Bureau is informed that the President of the CCPE will be invited to attend the next meeting of the Network of General Prosecutors or equivalent institutions of the Supreme Courts of the Member States of the European Union, which will be held in Rome from 26 to 28 May 2011.
10. The next Bureau meeting will be held in Rome (Italy) on 5 July 2011 (afternoon), subject to confirmation.
1. Opening of the meeting
2. Adoption of the agenda
3. Communication by the President, members of the Bureau and the Secretariat
4. Preparation of the Opinion No.6
5. Other work of the CCPE
6. Any other business