Civil Society NGO Repubblika is calling on MPs not to back constitutional amendments to separate the roles of the Prosecutor-General from the Attorney General.

The amendments will be debated in Parliament on Monday afternoon. 

"It is not true that the Constitutional amendments proposed by the government address the grave concerns of the Venice Commission on the set-up and the independence of the Attorney General," the NGO said.

"All the government’s amendment does is allocate to two persons the roles of counsel to government and chief prosecutor. But the changes forces one of those roles to report to the other, meaning the functions are not really separated."

The amendments being proposed to Parliament also change nothing of the exclusive power of the prime minister of choosing the prosecutor and the attorney general.

Furthermore, the amendments still mean that the decisions of the Attorney General are not subject to any form of judicial scrutiny, the NGO said.

"If the Attorney General decides to drop a case against someone who has committed a crime, the matter stops there and no one can challenge that decision.

"The government is ignoring the Venice Commission’s advice and is instead using them as an excuse to continue to consolidate its control on the institutions that are supposed to keep it in check."

It said that despite appeals for the government to hold broad consultations before changing the Constitution, this was not happening.

READ: 'A parody': legal scholar slams draft law to split Attorney General's roles

Last March Repubblika made detailed submissions to the Steering Committee on Constitutional Reform. The Government ignored these submissions and made no reply.

"Parliament should not collaborate in the Government’s takeover of powers that in a democracy that deserves that name should not belong to it. Representatives have a moral duty to resist the government’s encroachment and to insist the Constitution is only changed after public consultation with experts, civil society and the public," the NGO said.

Representatives should also insist that before piloting amendments, the Government demonstrates that it has sought the advice of the Venice Commission on any changes that claim to be made on the back of that Commission’s report. The European Commission has already demanded this.

 

 

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