Less than a month after the first meeting of the High Prosecutorial Council (KLP), the new judicial governance body will initiate the procedure to install the Special Prosecution Office (SPAK). According to the Constitution, SPAK must be operational 2 months after the establishment of the KLP.
SPAK is one of the new key institutions of the judiciary, and is aimed at tackling specifically corruption, organized crime, and criminal charges against current and former high officials, comprising:
- President of the Republic
- Speaker of the Assembly
- Prime minister
- member of the Council of Ministers
- judge of the Constitutional Court and High Court
- Prosecutor General
- High Justice Inspector
- Mayor
- Deputy of the Assembly
- deputy minister
- member of the High Judicial Council and High Prosecutorial Council
- heads of central or independent institutions as defined by the Constitution or by law,
According to the Constitution, SPAK operates independently from the General Prosecutor and falls therefore, at least according to the law, outside any political influence. SPAK will consist of at least 10 prosecutors appointed by the KLP for a 9-year term, without the right to reappointment. The Chief Special Prosecutor will be elected by the KLP for a three-year, non-renewable mandate.
The SPAK will also manage a Special Investigation Unit, the National Investigation Bureau (BKH), a separate branch of the Court Police that falls outside control of the Ministry of Interior. Court cases brought by the SPAK will be adjudicated in the Anti-Corruption and Organized Crime Courts, formerly the Serious Crimes Courts.
All candidates for a position in SPAK or BKH will be subject to vetting procedure, including asset and background check. The same holds for their spouses, children over 18 years old, and any blood or marriage relative living in the same residence for more than 120 days a year.
SPAK and BKH personnel and their close family will also be subjected to a periodic control of the bank accounts and personal telecommunications, essentially giving up a large part of their privacy during their tenure.
According to the Special Prosecution Law 95/2017, a Commission of criminal justice experts from the European Union and the United States will provide training and guidance during the implementation stage of the BKH and the first two years of its functioning.
