The key controversial constitutional issues related to the establishment of a European Public Prosecutor’s Office Cover Image

Kluczowe kontrowersje konstytucyjne związane z ustanowieniem Prokuratury Europejskiej
The key controversial constitutional issues related to the establishment of a European Public Prosecutor’s Office

Author(s): Marek Tomczyk
Subject(s): Government/Political systems, EU-Accession / EU-DEvelopment
Published by: Oficyna Wydawnicza KA AFM
Keywords: European Public Prosecutor’s Office (EPPO); structure of the EPPO; ratione materiae of the EPPO; judicial review of EPPO’s acts; constitutionally controversial issues;

Summary/Abstract: The article touches upon key constitutional controversies related to the establishment and functioning of the forthcoming European Public Prosecutor’s Office (EPPO), which result primarily from discrepancies in interpretation against the background of article 86 of the Treaty on the Functioning of the European Union. Due to the editorial requirements, the article covers solely the essential controversial issues arisen along the legislative processes in the Council (structure, material scope of competence of EPPO, ancillary competence and judicial review). In practice, the matter covered by this document is much more complex and multithreaded. This is mostly due to the necessity of integrating the EPPO with numerous, distinct legal systems of the Member States taking part in the project (enhanced cooperation) and ensuring its efficiency in action across the entire territory of the EU. Despite many impediments, the pace at which the legislative works in the Council has been progressing, as well as clear signals incoming from the largest EU Members States are optimistic to the extent that one may expect the completion of the work and establishment of the European Prosecutor’s Office by the end of this year.

  • Issue Year: 19/2016
  • Issue No: 2
  • Page Range: 117-139
  • Page Count: 23
  • Language: Polish