THE INSTITUTION OF PUBLIC COMMISSIONERS 

The Institution of Public Commissioners (PC) has been established and operates under Article 179 / b of Constitution and of the Annex of the Constitution. The mandate of the Institution shall expire after 5(five) years from the date of commencement of their operation and, the Public Commissioners referring to Article C, point 3 of the Annex of the Constitution , shall enjoy the status of judge of the High Court during their tenure.

According to Article C, Point 2, of the Annex of the Constitution, the Public Commissioners represent the public interest during the transitional process, as a crucial element of the entire process of the Judicial Reform, a process which aims to guarantee the proper functioning of the rule of law, and the independence judicial system, as well as to re-establish the public trust and confidence in these institutions.

The Institution of Public Commissioners, as a Constitutional, independent and impartial institution, exercise it’s competencies on the bases of principles of equality before the law, of the constitutionality and legitimacy, proportionality and other principles guaranteeing the fundamental  rights of the subjects of re-evaluation for a  competent and regular process. The Public Commissioners and the Legal Service Unit treat information on the re-evaluation proceeding, respecting the principle of confidentiality and protection of personal data.

 

The mission and competences of the Public Commissioners

MISSION

“To represent the public interest in the transitional re-evaluation process through exercise of the right of the appeal against the decisions of the Independent Qualification Commission, conducted by the principle of impartiality and promoting an independent, due process, transparent and within the framework of cooperation, in order to re-establish public trust and confidence in these institutions of this system.”

COMPETENCIES

As one of the bodies that conduct the re-evaluation process, referred to Article 5/1 of law no. 84/2016, the competences of the Institution of the Public Commissioners are:

  1. They have the right to file an appeal of the decisions of the Independent Qualification Commission, an appeal which is reviewed (examined) by the Appeal Chamber at the Constitutional Court Article 179 / b / 5 of the Constitution, Articles C, item 2, F, point 2, F, item 7, of the Annex of the Constitution and Article 63/1 of law no. 84/2016).
  2. They are required to issue a written report giving the reasons on the refusal of the recommendations of the International Monitoring Operation (IMO) to file an appeal before the Appeal Chamber (under Article B, point “c” of the Annex of the Constitution).
  3. The Public Commissioners approve the rules on the activity of the institution (Article 69/3 of Law No. 84/2016).

To fulfill all the tasks established by the Constitution and the law, the Public Commissioners are supported by the Legal Service Unit and the Administrative Unit.