Abstract
In this paper the Author introduces an analysis of the Regulation on the establishment of the European Public Prosecutor’s Office (EPPO) highlighting the main characteristics of this body and its functional applications. A picture emerges which, on one hand, denotes a strong contrast between EPPO’s European judicial nature and the decisive influence of its national components, and, on the other, shows procedures and unprecedented inter-relations which suggest that the aspiration to supranational judicial integration, even if timidly supported, could follow further, yet original, ways to progress.
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Notes
- 1.
The list was longer than the one under the Regulation (Art. 30), which now however expressly includes interception of telecommunication, under certain conditions, with the possibility for Member States to limit it to specific serious offences. As for measures concerning personal liberty, they may be ordered directly or after authorisation according to national law applicable in similar domestic cases. Also European arrest warrant may be issued, where it is necessary to arrest and surrender a person who is not present in the Member State in which the handling European Delegated Prosecutor is located.
- 2.
See, infra, under § 5.
- 3.
According to Art. 42, paras. 2 ff., the Court of Justice shall have jurisdiction on: the validity of procedural acts of the EPPO, in so far as such a question of validity is raised before any court or tribunal of a Member State directly on the basis of Union law; the interpretation or the validity of provisions of Union law, including the Regulation; the interpretation of Articles 22 and 25 of the Regulation in relation to any conflict of competence between the EPPO and the competent national authorities; decisions of the EPPO to dismiss a case, in so far as they are contested directly on the basis of Union law; and any dispute concerning compensation for damage caused by the EPPO, arbitration clauses contained in contracts concluded by the EPPO, staff-related matters, and the right of public access to documents.
- 4.
The grounds for dismissal of the case, as provided under Art. 39, para. 1 Reg., will have to be assessed on the basis of the law of the Member State of the handling European Delegated Prosecutor, although they are not uniformly recognised across the EU. They are: the death of the suspect or accused person (or winding up of a suspect or accused legal person); the insanity of the suspect or accused person; amnesty; immunity (unless it has been lifted); expiry of the national statutory limitation to prosecute; the suspect’s or accused person’s case has already been finally disposed of in relation to the same acts; and—as already said—the lack of relevant evidence. According to Art. 39, para. 2 Reg., the competent Permanent Chamber may decide to reopen investigations on the basis of new facts which were not known to the EPPO at the time of the decision.
- 5.
In this case, the Permanent Chamber will take into consideration the grounds listed under Art. 40, para. 2: the seriousness of the offence, based on in particular the damage caused; the willingness of the suspect offender to repair the damage caused by the illegal conduct; the conformity of the use of the procedure with the general objectives and basic principles of the EPPO; as well as guidelines on the application of these grounds which the College may adopt.
- 6.
It is expressly provided the possibility to present evidence, to request the appointment of experts or expert examination and hearing of witnesses, and to request the EPPO to obtain such measures on behalf of the defence (art. 41, para. 3 Reg.).
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Rafaraci, T. (2019). Brief Notes on the European Public Prosecutor’s Office: Ideas, Project and Fulfilment. In: Rafaraci, T., Belfiore, R. (eds) EU Criminal Justice. Springer, Cham. https://doi.org/10.1007/978-3-319-97319-7_11
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DOI: https://doi.org/10.1007/978-3-319-97319-7_11
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