Сравнителноконституционен преглед на статута на прокурорите в държавите членки на Европейския съюз
Comparative Review of the Constitutional Status of Prosecutors in the Member States of the European Union

Summary/Abstract: The article contains a comparative review of the constitutional status of prosecutors in EU mem-ber states and identifies the main particularities of the Bulgarian model. In most of the examined countries the independence of the prosecutors is not a constitutional principle, and in some of them the prosecutor is not even a constitutional institution. Where constitutional safeguards are provided for the independence of prosecutors, they are always balanced through a clear separa-tion between the constitutional status of judges and prosecutors and by the provision of a correc-tive mechanism over prosecutors by the legislative or the executive branch of power. The Bul-garian constitution, instead of regulating the relations between the political authorities and the prosecutors, isolates them from each other, thus leaving the problem of prosecutor’s accounta-bility unsettled. In addition, by conferring a constitutional status to a wide range of topics that in the other EU member states are regulated by ordinary legislation, the Bulgarian constitution lim-its the potential for specific safeguards for the independence, accountability and the effectiveness of the prosecutors to be developed through the case law and through ordinary legislation.

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