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Consideraţii asupra Parchetului European
The European Public Prosecutor’s Office

Author(s): Paula Ciorea
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: structure of the European Public Prosecutor’s Office; jurisdiction; evidence; procedural safeguards;

Summary/Abstract: The establishment of the European Public Prosecutor’s Office has generated long debates that will not end anytime soon. Even though the Proposal for a Regulation has undergone many changes, there still are things to be improved. The reason for creating an independent Union body is to investigate, prosecute and bring to justice those who commit criminal offences affecting the Union’s financial interests. Currently, only national authorities can investigate and prosecute this type of fraud. The European Public Prosecutor’s Office is meant to fill the institutional gap. The differences between the criminal law of the Member States create difficulties in combating the crimes affecting the EU budget. Before this institution is established, it is necessary to clarify which will be the jurisdiction of the European Public Prosecutor’s Office and which court will exercise judicial review. Moreover, it is important to know which will be the rules that will apply to evidence. Last but not least, it is essential not to forget about the rights of EU citizens, which should be protected more effectively. Presently, the Proposal for Regulation creates different standards of protection by multiple references to directives. The best way to accomplish all these tasks would be the adoption of a European Code of criminal law. The structure of the European Public Prosecutor’s Office is also subject to criticism because of the high complexity of its central level, which will probably transform the new institution into a powerless body. Another aspect to be clarified before the establishment of the European Public Prosecutor’s Office is the definition of the notion of ‘crimes affecting the financial interests of the EU’.

  • Issue Year: 2017
  • Issue No: 02
  • Page Range: 54-75
  • Page Count: 22
  • Language: Romanian