New Procedure: Prosecutorial Council members to solely nominate Prosecutor General
The Law on the Prosecutor’s Office is being amended, bringing about major changes to the process of electing the Prosecutor General. These amendments are scheduled to be introduced in Parliament next week, with discussions expected to proceed on an accelerated timetable.
According to the proposed amendments, no later than six months before the expiration of the current Prosecutor General’s term—and in cases of premature termination—the Prosecutorial Council must immediately begin the process of nominating a candidate for the Prosecutor General. This process must be completed within one week. The draft stipulates that each member of the Prosecutorial Council will have the right to nominate one candidate for the position.
Following nominations, the candidate will be put to a vote during a session of the Prosecutorial Council. The voting will be open, and a candidate will be considered supported if they receive a majority of votes from the full composition of the Council.
The amendments specify that if a candidate fails to gather the required number of votes, the nomination process will be restarted. If two candidates participate and neither secured the majority, the candidate with the most votes will be re-elected. Should this candidate also fail to obtain sufficient support, the process will be restarted. If more than two candidates are involved and none achieve a majority, a second round of voting will be held between the top two candidates.
If, after this round, no candidate secures at least a majority, the Prosecutorial Council will restart the nomination process within one week, following the procedures outlined in paragraph four. In the event of a tie between candidates, the decisive vote will be cast by the Chairman of the Prosecutorial Council.
Once a candidate receives the necessary support, the Prosecutorial Council will submit their nomination to the Parliament of Georgia along with a detailed justification. If the nominated candidate fails to obtain the support of at least 76 MPs—the required majority—the Prosecutorial Council will restart the nomination process following the procedures specified in paragraphs four and five.
Under the current law, the Prosecutorial Council has one month to select a candidate for the Prosecutor General through consultations and then submit their nominee to Parliament for approval.
The election of the Prosecutor General requires the support of at least 76 MPs in Parliament.