The Prosecutorial Council shall ensure the autonomy of the state prosecutor's office. The Supreme State Prosecutor shall chair the Prosecutorial Council except in a disciplinary proceeding. The composition, election, mandate, organisation and manner of work of the Prosecutorial  Council shall be regulated by law. (Amendment XI to the Constitution of Montenegro, ''Official Gazette of Montenegro, No.38/2013'')

The Prosecution Council shall:

1) establish a proposal for the election of the Supreme State Prosecutor;

2) elect and remove from office heads of state prosecutor's offices and state prosecutors;

3) establish the termination of office of heads of state prosecutor's offices and state prosecutors;

4) propose to the Government the amount of funds for the work of the state prosecution;

5) submit the Report on Performance of the State Prosecution to the Parliament;

6) perform other activities laid down by law.

(Amendment XI to the Constitution of Montenegro, ''Official Gazette of Montenegro, No.38/2013'')

 

Jurisdiction of the Prosecutorial Council (Article 37 of the Law on State Prosecutor's Office, ''Official Gazette of Montenegro'', No. 11/2015 and 42/2015)

The Prosecutorial Council, in addition to the responsibilities established by the Constitution, shall:

  1. determine the number of state prosecutors;
  2. determine the proposal for removal from office of the Supreme State Prosecutor;         
  3. decide on the disciplinary responsibility of state prosecutors and heads of the state prosecutor's  offices;
  4. ensure the training of state prosecutors and heads of prosecutor's offices;
  5. ensure implementation, functionality and uniformity of the Judicial Information System in  the part related to the state prosecutor's office;
  6. keep records containing information about state prosecutors and heads of state prosecutor's   offices
  7. adopt Rules of Procedure of the Prosecutorial Council;
  8. comment on the incompatibility of performing certain activities along with the exercise of prosecutor’s  office;
  9. investigate complaints of state prosecutors and heads of state prosecutor’s offices and take positions regarding threats to their independence;
  10.  investigate complaints about the work of state prosecutors and heads of state prosecutor’s offices concerning its legality;
  11.  establish the Commission for evaluation of  state prosecutors' performance;
  12.  elect a disciplinary prosecutor;
  13.  establish the methodology for preparing reports on work of the state prosecutor's office and the annual work schedule;
  14. issue official identity cards to the state prosecutors and heads of state prosecutor’s offices and keep records of official identity cards;
  15. perform other tasks stipulated by law.