THE INSTITUTION OF PUBLIC COMMISSIONERS
The Institution of Public Commissioners has been established and operates under Article 179/b of the Constitution and of Annex of the Constitution. The mandate of the Institution of Public Commissioners terminates on 31.12.2024. The Public Commissioners, with reference to Article C, paragraph 3, of the Annex of the Constitution, shall have the status of the member of the High Court.
Referring to Article C, paragraph 2, of the Annex of the Constitution, the Institution of Public Commissioners represents the public interest during the transitional re-evaluation process, as a crucial element of the whole process of the reform in justice, aiming to guarantee the proper functioning of the rule of law and the independence in the justice system, as well as to restore the public trust and confidence in the institutions of this system.
The Institution of Public Commissioners, as a constitutional institution independent and impartial, exercises its competencies based on the principles of equality before the law, on constitutionality and lawfulness, proportionality and other principles, guaranteeing the fundamental rights of the assessee to a proper legal process. The Public Commissioners and the Legal Service Unit treat the information on the re-evaluation proceeding , respecting the principle of confidentiality and protection of personal data.
The mission and competences of the Public Commissioners
“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.”
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:
- 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).
- International Monitoring Operation is entitled to submit a written recommendation to the Public Commissioners to file an appeal. If the latter decides not to follow the recommendations, the Public Commissioners are required to issue a written report giving the reasons for the refusal. (Article B, /c of the Annex of the Constitution).
- 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.