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There is an urgent need to separate the powers of the Attorney General and remove the unaccountability of his powers as a public prosecutor
1. On 18.5.2023 we issued a statement in which, inter alia:
(a) We stressed that the identification in the person of the Attorney General of the two separate roles of legal adviser to the State and public prosecutor, as well as the unchecked nature of the powers of the Attorney General, undermine the independence of the Audit Office as regards its right to unimpeded access to information. We had noted that these distortions are unique at European level and have been recognised by the GRECO Commission. We expressed our surprise to hear the Attorney General state that this was a myth.
We had documented that:
- GRECO did not take a positive view of the autonomy of the entire Legal Service, which has since been initiated.
- GRECO considers that, as long as the Public Prosecutor's Office is an integral part of the Legal Service, this creates risks of influence.
(c) We explained that internationally, Supreme Audit Institutions (SAIs) are called upon to play an important role in the fight against corruption and expressed our concern about the unchecked powers of the Attorney General as public prosecutor.
2. Today's report of the European Commission fully vindicates us. We expect that the President of the Republic will promote his electoral commitment to separate the powers of the Prosecutor General in accordance with European best practices that will also ensure the removal of the unaccountability of the powers of the public prosecutor.
3. Today's report of the European Commission will be immediately forwarded to INTOSAI, since it confirms what we have already reported to it regarding the undermining of our independence.
/SX
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