The Potential Contribution of a European Public Prosecutor in Light of the Proposal for a Regulation of 17 July 2013

2015 ◽  
Vol 23 (2) ◽  
pp. 121-144 ◽  
Author(s):  
Lorena Bachmaier Winter
Keyword(s):  
Empirical Data ◽  
Public Prosecutor ◽  
Potential Contribution ◽  
Member States ◽  
Sensitive Issue ◽  
European Public ◽  
Financial Interests

The establishment of a European Public Prosecutor (eppo) is a controversial and politically sensitive issue. Despite the presentation of a Regulation Proposal on the eppo 17 July 2013 there are still many eu Member States, scholars and citizens that continue questioning the very existence of a supranational prosecuting authority. The aim of this article is to analyse whether the 2013 proposal of the eu Commission for a Regulation on the eppo may contribute to overcoming the present problems detected in the fight against crimes detrimental to the financial interests of the eu. This article focuses on the potential contribution of the eppo, based on empirical data, but this does not mean that the pitfalls and perils that entail the establishment of an eppo should be disregarded.

scholarly journals The European Public Prosecutor: Quintessential supranational criminal law?

2021 ◽  
Vol 28 (2) ◽  
pp. 164-181
Author(s):  
Jacob Öberg
Keyword(s):  
Criminal Law ◽  
Basic Assumption ◽  
Vertical Structure ◽  
Public Prosecutor ◽  
Member States ◽  
Strategic Direction ◽  
European Public ◽  
Operational Activities

This article critically examines the extent to which the European Public Prosecutor’s Office can be claimed to constitute a prime example of supranational criminal law. The article observes that among policymakers and commentators, the Office appears to be a hallmark of the transformation of EU criminal law from an intergovernmental paradigm to a strong federal and supranational polity. The article discusses the scope, nature and limits to the powers of the European Public Prosecutor’s Office, as well as its operating structure in light of Article 86 TFEU and the recently adopted EPPO Regulation. It departs from the basic assumption that the EPPO stands in the midst of supranationalism and intergovernmentalism. Whilst the EPPO is envisaged to be independent of the Member States, the Office’s complicated, multifaceted and vertical structure means that Member States are able to direct, to some extent, its activities. The article argues, however, that a general assessment of the Office’s operational and strategic direction (where its operational activities are managed and supervised by centralized ‘European’ prosecutors), and the type (direct criminal enforcement powers) of powers it has makes it distinctive as the most ‘integrated’ and ‘supranational’ EU agency.

scholarly journals Implementation of the EPPO Regulation from the Slovak Perspective

2021 ◽  
Vol 5 (2) ◽  
pp. 75-86
Author(s):  
Dominika Becková ◽  
Katarína Koromházová
Keyword(s):  
Criminal Law ◽  
Slovak Republic ◽  
Current Concept ◽  
Member States ◽  
Effective Application ◽  
European Public ◽  
Financial Interests ◽  
Legislative Measures ◽  
The Eu

Nowadays, 22 Member States are participating in enhanced cooperation for establishment of the European Public Prosecutor's Office. Due to the fact that the establishment and exercise of powers of the European Public Prosecutor's Office significantly changes the current concept of EU criminal law, it was necessary for the participating Member States to adapt to this change. To ensure effective application of the Regulation in practice, the Member States had to adopt different implementing measures. As in other Member States, also the national authorities of the Slovak Republic needed to consider necessary legislative measures ensuring effective application of the EPPO Regulation for the purpose of investigating and prosecuting criminal offences affecting financial interests of the EU.

scholarly journals European Public Prosecutor's Office: New Actor in EU Criminal Law

2020 ◽  
Vol 4 (2) ◽  
pp. 163-172
Author(s):  
Dominika Becková
Keyword(s):  
European Union ◽  
Criminal Law ◽  
The European Union ◽  
Member States ◽  
European Public ◽  
Financial Interests ◽  
Institutional System ◽  
The Eu

The European Public Prosecutor's Office was established under enhanced cooperation in 2017, as a new body in the institutional system of the European Union.  The establishment of the European Public Prosecutor's Office changes the EU criminal law in a significant way, as it is the first body of the European Union, which will undertake its own investigations of criminal offences affecting the financial interests of the EU, carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the Member States.

scholarly journals Prokuratura Europejska - czy stanie się faktem?

2015 ◽  
pp. 77-101
Author(s):  
Agnieszka Grzelak
Keyword(s):  
European Union ◽  
Theoretical Concept ◽  
Public Prosecutor ◽  
The European Union ◽  
National Parliaments ◽  
Legislative Action ◽  
European Public ◽  
Financial Interests ◽  
Draft Regulation ◽  
Proposed Regulation

The idea of the European Public Prosecutor dates from the 1990 s. Since then, the work on the creation of the foundations of the European Penal Code is associated with the necessity to strengthen the protection of the financial interests of the European Union, in particular the need to combat offences against those interests. Initially the Code seemed to be a purely theoretical concept that cannot be implemented into the EU legislative action because of the existing rules of conferral of powers and the lack of a legal basis for the establishment of such an office. However, with the entry into force of the Treaty of Lisbon the situation has changed, particularly with the addition of the Article 86 of the Treaty on the Functioning of the European Union (TFEU). As a result, the European Commission presented in July 2013 a draft regulation which should serve as a basis for establishment of the European Prosecutor Office [COM(2013) 534 final]. The aim of this paper is to present and briefly analyse major provisions of the proposed regulation, as well as objections submitted by national parliaments and doctrine, and finally the prospects of further work on the project. The discussion has not been yet completed because the draft has not been formally adopted yet and probably in the proposed form will not be accepted by all Member States, which will result in the implementation of the enhanced cooperation procedure.

scholarly journals The Warranty of the Right to Defense under an Operating European Department of Public Prosecution

2017 ◽  
Vol 19 (33) ◽  
pp. 122-134
Author(s):  
Pavel Palcu
Keyword(s):  
European Union ◽  
Public Prosecutor ◽  
The European Union ◽  
Council Of Europe ◽  
Public Prosecution ◽  
Common Space ◽  
Legal Traditions ◽  
European Public ◽  
Financial Interests ◽  
The Right

Abstract Both in the European Union and in European doctrine was widely discussed the ratione materiae of the future European Public Prosecutor. In terms of the Lisbon Treaty its jurisdincion is limited to crimes that threaten the Union’s financial interests, but at the same time the Council of Europe may extend this competence by unanimous decision and other serious offenses. European Public Prosecutor is now one of the main objectives of the European Union and is one of the priorities of the common space of freedom, security and justice for the next five years. Still looking for ways and methods useful for the implementation of these goals, but two conditions must be met: it must be a useful institution, well embedded in the EU institutions and must be based on our national legal traditions that have proven their relevance. Finally, it gives a substantial importance to defense lawyers and rights in various stages of the procedure, both in the contentious matter of freedom and during the performance of an adversarial procedure.

The case law of the Court of Justice of the European Union on ‘judicial authority’ and issuing European arrest warrants

2021 ◽  
pp. 203228442110276
Author(s):  
Tricia Harkin
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Public Prosecutor ◽  
The European Union ◽  
Advocate General ◽  
Member States ◽  
Court Of Justice ◽  
Judicial Authority ◽  
Criminal Matters ◽  
Judicial Protection

The case law of the Court of Justice from 2016 to 2019 on the interpretation of ‘judicial authority’ in Article 6(1) FD-EAW essentially examines whether a public prosecutor can be an issuing judicial authority and if so, how Member States’ systems for issuing EAWs ensure effective judicial protection for the person concerned. For the Advocate General, applying the Court’s ‘rule of law’ jurisprudence, effective judicial protection when deprivation of liberty is involved can only be assured by a body with the highest level of judicial independence, being a court. The Court’s broader approach of including public prosecutors with sufficiency of independence from the executive and requiring their decisions to be amenable to review by a court, when applied in practice arguably falls short of the requisite standard of effective judicial protection. There is also a lack of clarity about access to the interpretative jurisdiction of the Court by public prosecutors acting as judicial authorities. Effective judicial protection and EU cooperation in criminal matters would now be better served by the designation in all Member States of a court as the issuing judicial authority for the FD-EAW. This is against the background of the uniquely coercive nature of the EAW in terms of deprivation of liberty; the differences in Member States’ institutional arrangements for public prosecutors and the post-Lisbon effective constitutionalisation of judicial protection of rights of individuals.

scholarly journals New perspectives after the transition of EPIET to ECDC – the future of the programme

2009 ◽  
Vol 14 (43) ◽  
Author(s):  
V Bremer ◽  
A Bosman ◽  
D Coulombier
Keyword(s):  
Integrated Approach ◽  
Training Programme ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
European Public ◽  
Response Capacity ◽  
Training Activities ◽  
Set Up ◽  
Training Programmes

Strengthening capacity in intervention epidemiology is key to the overall goal of responding to the challenge to detect and counter threats posed by outbreaks of infectious diseases in the European Union (EU). Since its founding in 1995, the European Programme for Intervention Epidemiology Training (EPIET) has become a core resource in training in intervention epidemiology in the EU. EPIET was integrated into the European Centre for Disease Prevention and Control (ECDC) on 1 November 2007 and this has resulted in an increased sustainability of the programme, allowing for long-term planning. Also, a new training programme, the European public health microbiology training (EUPHEM), was set up in 2008 to increase the response capacity for microbiology. Collaboration with EU Member States and other training programmes has been further intensified. Merging EPIET and other training activities in the ECDC training section has created the opportunity to develop an integrated multilevel approach to training in applied field epidemiology. An integrated approach to training activities on EU level, and increasing the number of EPIET and EPIET-associated fellows are essential to respond to the training needs of EU Member States, particularly new Member States. An external evaluation of EPIET in 2009 will provide guidance for a future strategy for the programme. This article examines the achievements of the EPIET programme after its transition to ECDC and provides an outlook on its future.

Harmonising public sector accounting laws and regulations of the European Union member states: powers and competences

2021 ◽  
pp. 002085232110600
Author(s):  
Karoline Helldorff ◽  
Johan Christiaens
Keyword(s):  
Public Sector ◽  
Accounting Standards ◽  
The European Union ◽  
Member States ◽  
European Public ◽  
Public Sector Accounting ◽  
Will Force ◽  
The One ◽  
Rules Set ◽  
The Eu

This paper analyses the powers and competences of the EU to standardise public sector accounting of the member states and to take other EU action in the field of public sector accounting. We argue that public sector accounting forms part of the administrative organisation of the member states that is not a core EU competence. EU initiatives such as the European Public Sector Accounting Standards project, which aim to increase transparency and comparability, therefore need to follow the rules set out for administrative matters in general. The study reveals on the one hand that EU actions are essentially limited to voluntary cooperation and influences of other policy areas. But on the other hand, it shows that they do not need to be limited to the initiatives currently driven by Eurostat. Points for practitioners The future of the European Public Sector Accounting Standards project is uncertain. However, it is very unlikely that it will take the shape of a top-down set of readymade EU accounting standards that will force public administrations to adjust their inner workings. Public sector accounting is not (yet) a (typical) European policy, but simply a national one that the EU can support. The EU initiative can be considered as an opportunity for collaboration and knowledge sharing on how to increase transparency of public sector accounting.

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