Brussels Does Not Demand Changes to the Rules for Selecting the Prosecutor General: European Appointment Model vs. the Whims of Pseudo-Reformers

In the countries of the European Union, there is no single model for appointing the Prosecutor General through competitive commissions with decisive participation of public organizations and foreign experts.

Most EU countries use classic constitutional mechanisms in which the key role is played by the parliament, government, head of state, or professional bodies of prosecutorial self-government. That is why Ukrainian society has the right to ask an uncomfortable question. Why are models that are not mandatory pan-European standards proposed to Ukraine as the only possible path of development?

The attempt to impose on Ukraine the populist idea of electing law enforcement officers contradicts the state practice of Germany and France, creating prerequisites for the actual subordination of regional institutions to local financial-industrial groups.

Global experience: how are Prosecutors General chosen in France, Germany, and the USA?

France

In the French Republic, the prosecution (Ministère public or Parquet) is integrated into the Ministry of Justice system. Prosecutors are civil servants with a special status — "standing magistrates" (magistrats du parquet).

All public prosecutors are appointed by a simple decree of the President of the Republic upon the submission of the Minister of Justice.

According to reforms, including the Organic Law of 2016, the President appoints prosecutors after receiving the opinion of the High Council of the Judiciary (CSM). Although for a long time this opinion was advisory for prosecutors, in practice the government does not go against it.

Germany

In the Federal Republic of Germany, the Federal Prosecutor General (Generalbundesanwalt) heads a system fully subordinated to the Federal Ministry of Justice.

The Federal Prosecutor General is appointed by the President upon the proposal of the Federal Minister of Justice and with the consent of the Bundesrat, i.e., the representation of the federal states.

The prosecutor has the status of a "political official" (politischer Beamter). This means they can be dismissed at any time if their political views or crime-fighting strategy diverge from the current government's course. Germans consider this the highest expression of democratic accountability — the prosecutor is subordinate to the minister, who, in turn, is accountable to the parliament elected by the people.

USA: a unique precedent that cannot be copied

In the USA, the Attorney General (Attorney General) is simultaneously a political figure and the highest law enforcement officer. He heads the US Department of Justice (DOJ), effectively performing the functions of the Minister of Justice and the chief public prosecutor of the country.

Instead of a competition or voting, the US Constitution provides a clear appointment mechanism through higher state institutions. The US President independently selects a candidate for the position of Attorney General. Usually, this is a person with high authority in the legal community who shares the legal strategy of the current White House administration.

The candidate must undergo public hearings in the US Senate Judiciary Committee. Senators thoroughly examine the candidate's entire biography, past court cases, political views, and integrity. Only after the majority of the Senate votes "yes" does the candidate officially take office.

The election of prosecutors at the state level arose historically in the 19th century. Today, American legal scholars harshly criticize this model. Manipulators often emphasize that prosecutors are elected in the USA but deliberately omit the difference between federal and local levels.

Prosecutor elections in the USA exist exclusively at the level of individual states and districts (District Attorneys). In contrast, the main figure of the US law enforcement system — the Federal Attorney General — is appointed exclusively through the classic state procedure.

Creation of the European Public Prosecutor's Office

When speaking about the standards of the European Union itself, it is worth referring to Council Regulation (EU) No 2017/1939, which created the European Public Prosecutor's Office (EPPO) to combat crimes against the financial interests of the EU.

The European Chief Prosecutor of the European Public Prosecutor’s Office is appointed through a procedure combining competitive and political stages.

First, an open selection of candidates is announced, after which a special selection committee, which includes former judges of the Court of Justice of the EU, representatives of national supreme courts, and higher-level prosecutors, evaluates the candidates. Based on the results, a shortlist of candidates is formed.

The final appointment decision is made jointly by the European Parliament and the Council of the EU.

The candidate's selection is based on a professional assessment of qualifications and experience by a special expert commission, after which the final decision is made by EU institutions.

"European standard" means appointment by a constitutional body through a transparent procedure, not a casting of candidates.

The analysis completely nullifies the arguments of pseudo-reformers about the need for new competitive selection rules. As the "Judicial and Legal Newspaper" has already noted, no European document — neither PACE Resolution No. 1755 nor the Council of Europe Committee of Ministers Recommendation "On the Role of the Prosecution in the Criminal Justice System" — proposes electing prosecutors in general elections. On the contrary, European standards emphasize that the state must guarantee that the selection and promotion of prosecutors are carried out based on objective criteria, including experience and qualifications.

Official documents of the Council of Europe, the Council of the EU Regulation on the creation of the EPPO, and the Ukraine Facility Action Plan require Ukraine to build a predictable legal system where the criteria for evaluation are integrity, not the creation of politicized electoral platforms or the removal of constitutional bodies from performing their direct duties.

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