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 The journey of EU criminal law on the ship of fools – what are the implications for supranational governance of EU criminal justice agencies?

2021 ◽  
Vol 28 (2) ◽  
pp. 192-211
Author(s):  
Christopher Harding ◽  
Jacob Öberg
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Policy ◽  
Public Prosecutor ◽  
Working Hypothesis ◽  
Law And Policy ◽  
European Public

This article addresses supranational governance of EU criminal justice agencies from the perspective of the various agencies of policy and rulemaking who have contributed to the impressive developments in the field of EU criminal law. Taking as a working hypothesis the happenstance and haphazard character of this field of policy and law, it suggests that there is an absence of design. In the discussion the article proposes the Platonic analogy of the ‘ship of fools’ (Plato, Republic, Book VI) as an explanatory tool. The ship's captain is the guiding spirit of criminal law, but the crew of the ship, who have the power to take control, have diverse interests and ideas about how the ship should be taken to sea and navigated. The article addresses thematically and chronologically the development of EU criminal policy by means of this framework. Subsequently it discusses the extent to which the ‘ship of fools’ analogy is relevant to the development of EU criminal justice agencies, and to the emergence of a European Public Prosecutor. Underlying all this discussion is the uneasy sense that the true pilot of EU criminal law and policy has been displaced, in particular by ‘instrumental’ pilots of securitisation and effectiveness.

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.

Criminal Justice in the Post-Lisbon Era

2011 ◽  
Vol 13 ◽  
pp. 23-46
Author(s):  
Geert Corstens
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Final Section ◽  
European Convention ◽  
Public Prosecutor ◽  
European Public ◽  
History Of ◽  
Pros And Cons ◽  
The Impact ◽  
The Eu

Abstract Having briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.

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.

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.

Criminal Justice in the Post-Lisbon Era

2011 ◽  
Vol 13 ◽  
pp. 23-46 ◽  
Author(s):  
Geert Corstens
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Final Section ◽  
European Convention ◽  
Public Prosecutor ◽  
European Public ◽  
History Of ◽  
Pros And Cons ◽  
The Impact ◽  
The Eu

AbstractHaving briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.

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 The Prosecution in Trial In Absentia Of Money Laundering Case Resulted from Conventional Case

2019 ◽  
Vol 06 (02) ◽  
pp. 297-319
Author(s):  
Rudi Sudirdja
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Due Process ◽  
Analytical Description ◽  
Public Prosecutor ◽  
The Public ◽  
Single Form ◽  
Due Process Of Law ◽  
The One ◽  
Principle Of Legality

In Indonesia, the provision of in absentia in the Money Laundering Crime Law raises problems if the crime act is originally conventional crime act. Conventional crime act should be handled based on the provisions of the Indonesian Criminal Law Procedures Code. On the one hand, the Money Laundering Crime Law regulates the provisions of the court in absentia and, on the other hand, the Indonesian Criminal Law Procedures Code does not recognize trial in absentia. This study covers the issue. To be precise, it reveals the possibility of a conventional crime act that is charged with the Money Laundering Crime Law to be tried in absentia based on the principle of formal legality. In addition, it discusses the strategy of prosecution of money laundering crime act in trial in absentia for cases that are originally conventional crime act based on the principle of due process of law. This study used analytical description research specifications and the normative juridical method. The data was collected through a document study. In accordance with the approaches, the data were analyzed in qualitative-juridical manners. This study concludes several points. The first, based on the principle of legality of formal law, the implementation of trial in absentia against general criminal acts cannot be carried out. The second, based on the principle of due process of law, the prosecution strategy in trial in absentia fur such cases are that (1) the prosecution of money laundering crime and original crime must be done separately; (2) the public prosecutor must delay the transfer of original criminal acts to the court until the accused is found and presented; (3) the indictment must be prepared in a single form; (4) the indictment must draw legal facts about the original crime; and (5) the public prosecutor can prove the legal facts about the original crime in the element of ‘assets resulting from the crime’ in the money laundering offense.

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.

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