Table of Contents

Research Handbook on EU Criminal Law

Research Handbook on EU Criminal Law

Research Handbooks in European Law series

Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides

EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies, and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.

Chapter 23: The European Public Prosecutor’s Office

Katalin Ligeti

Subjects: law - academic, criminal law and justice, european law

Extract

In July 2013, the European Commission presented its Proposal to set up the European Public Prosecutor’s Office (EPPO). Meanwhile negotiations are ongoing in the Council. The Commission’s Proposal represents a seminal change in developing the EU criminal justice area: in order to fight offences affecting the financial interests of the European Union a European law enforcement body would be set up. Instead of cooperation of national judicial authorities, the Commission’s Proposal would install genuine European powers of investigation and prosecution in the Area of Freedom, Security and Justice (AFSJ). This chapter gives a brief overview of the history of the idea of the EPPO and of the legal framework and the procedure laid down in Article 86 of the Treaty on the Functioning of the European Union (TFEU) for its establishment. It discusses the main features of the Commission’s Proposal, highlighting the controversial provisions and summarizing the main arguments. As the negotiations are still ongoing at the time of writing, the central elements of the draft text discussed in the Council are outlined. The concluding remarks take into account the current outcome of the negotiations and aim to assess whether the intended changes are in line with the constitutional objectives of the Treaty and would represent an added value compared to the present background of judicial cooperation in criminal matters in the EU.

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