INDEPENDENȚA PROCURORULUI, NEUTRALIZATÃ DE CONTROLUL IERARHIC?

In a period of significant turmoil in the judicial system, both at the institutional and at the conceptual level, marked by severe controversy rather than by the unity of opinion, re-discussing the constitutional positioning of the Prosecutor has become a common theme. Hierarchy is interpreted as a by-product of the political influence, and independence as a form of undermining the unity of action. The study seeks to demonstrate that the principles of subordination and independence are consistent with the organisation and functioning of the Public Ministry system and that these are not antithetical, but antinomical principles. Their concurrent operation is a dominant trait in other judicial systems in European countries.