Prosecutor's career: Comparative analysis with international standards
| Author | Armand Gurakuqi |
| Position | Prosecutor at the Prosecutor's Office at the First Instance Court of Tirana, Albania |
| Pages | 154-168 |
Vo
l.
5
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o
. 1
M
arc
h,
201
9
A
cademic Journal o
f
Business,
A
dministration, Law and Social Science
s
II
PCCL Publishin
g
, Graz-
A
ustri
a
I
SSN 2410-391
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cces online at www.ii
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ccl.or
g
1
54
P
r
osecu
t
o
r
’s
ca
r
ee
r
C
omparative ana
ly
sis wit
h
internationa
l
stan
d
ar
d
s
PhD (C.) Armand Guraku
qi
Prosecutor at the Prosecutor’s
O
ce at the First
I
nstance Court o
f
Tirana,
A
lbania
Abstract
The prosecutor’s career is one the main components of its function.
I
t plays a determinant role
on the quality of the fulfi lment of the duty by the state representative in a criminal case.
A
career
developed in accordance with the law, based on the values demonstrated by prosecutors during
their activity, is a strong motive that stimulates the increasing of professional performance.
R
ecruitment, promotion and dismissal, are the components of his career. The transferring in
a
nother crucial element, that highly infl uence on the normality of a prosecutor’s function. The
l
ate, if not applied in accordance with the legal criteria and proceeding, can heavily threat the
integrity of a prosecutor.
This paper on the prosecutor’s career covers its legal provisions in
A
lbania and the problematic
manifested in the everyday practice. This analysis will be wri en using a comparison with
international standards of the most developed countries and accepted by the most important
world organizations.
A
s a result, a clearer framework of the actual legal ground in our country
a
nd the needs for further regulation improvements could be established.
Keywords: Career, prosecutor, recruitment, promotion, transfer.
I
ntr
oduc
t
ion
Recruitment, career advancement, and the trans
f
er o
f
p
rosecutors are three
p
oints
o
f
crucial in
fl
uence and im
p
ortance to the exercise o
f
o
ce b
y
this
f
unctionar
y
.
Ful
fi
lling these
p
hases with
f
airness and objectivit
y
establishes a solid basis
f
or the
p
rosecutor to carr
y
out the dut
y
with res
p
onsibilit
y
. The
f
air evaluation o
f
candidates
f
or
p
rosecutors, the shi
to senior
p
ositions in the
p
rosecution hierarch
y
based
on objective data, on the results o
f
the
p
rosecutor's work, excluding an
y
external
i
nfl uence from this
p
rocess, motivate the
p
rosecutor to exercise his
/
her dut
y
with
honest
y
and dignit
y
and to maintain his
/
her integrit
y
.
Reliance on objective
f
actors
f
or the a
pp
ointment and
p
romotion o
f
p
rosecutors
p
rovides
p
rotection
f
or the inde
p
endence o
f
the
p
rosecutors b
y
p
reventing external
i
n
fl
uence, such as briber
y
or internal in
fl
uence, as a
p
romotion o
er to in
fl
uence a
p
rosecutor's
d
ecision (
U
N, 2014). Promotion s
h
ou
ld
not
b
e
d
one
by
p
o
l
iticians an
d
s
hould not be o
p
en to
p
olitical in
fl
uences. The
p
romotion o
f
p
rosecutors should be
b
ased on objective
f
actors,
p
articularl
y
on
p
ro
f
essional
q
uali
fi
cations, abilit
y
, integrit
y
and ex
p
erience, and to be established in the res
p
ect o
f
a
f
air and im
p
artial
p
rocedure
(U
N, 1990
).
Th
e
U
nite
d
Nations
h
ave instructe
d
t
h
at se
l
ecte
d
p
eo
pl
e as
p
rosecutors s
h
ou
ld
b
e
i
ndividuals with integrit
y
and skills, with a
pp
ro
p
riate training and
q
ualifi cations
(
U
N, 2014). The Council o
f
E
uro
p
e has consolidated its stand
p
oint regarding the
p
osition to be taken b
y
member states on the selection,
p
romotion and trans
f
er o
f
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