European Public Prosecutor
Encyclopedia
The European Public Prosecutor is a proposed post in the European Union
that can be established under the Treaties as amended by the Treaty of Lisbon
.
. The article states the following:
Establishment;
Role;
agency. Frattini stated in August 2007 that he is "convinced that Europe will have its general prosecutor in the future" and suggested that the Commission was just waiting for the treaty to come into force. He stated that a prosecutor "could prove useful" in areas "where important European interests are at stake", namely in dealing with financial crime, fraud and counterfeiting at European level.
Following the attacks on the eurozone
by speculators in 2009-10, Spain
proposed the EU enact the European Public Prosecutor provision so the post could co-ordinate legal action in retaliation.
In March 2010 Eurojust
cited the European Public Prosecutor's Office as a potential solution to the problem of cross border crime in the EU. Despite opposition from some member states seeing it as impinging on their sovereignty (partly due to the necessary harmonisation of legal codes) Eurojust set up a working group to study the idea.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
that can be established under the Treaties as amended by the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
.
Treaty
The Public Prosecutor was inserted as article 86 of the Treaty on the Functioning of the European Union by the Treaty of LisbonTreaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
. The article states the following:
Establishment;
- The Council of the European UnionCouncil of the European UnionThe Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
, by a special legislative procedure, may establish a European Public Prosecutor's Office on the basis of EurojustEurojustEurojust is an agency of the European Union dealing with judicial co-operation in criminal matters....
. - This must be done by unanimity in the Council and with the consent of the European ParliamentEuropean ParliamentThe European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
- If the Council cannot reach unanimity, a group of at least nine member statesMember State of the European UnionA member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
may refer a draft to the European CouncilEuropean CouncilThe European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
. - Those member states may also proceed to establish enhanced cooperation between themselves after informing Parliament, the Council and the Commission.
Role;
- The office shall, in liaison with EuropolEuropolEuropol is the European Union's criminal intelligence agency. It became fully operational on 1 July 1999....
, be responsible for investigating, prosecuting and bringing to judgment those connected to offences against the EU's financial interests. - It shall exercise this function in the relevant national courts.
- The regulations establishing the office shall determine rules governing how it performs its duties including the admissibility of evidence.
- The European Council may amend the treaty, after consulting the Commission and gaining the consent of Parliament, to extend its powers to include serious cross border crime
Proposals
It was strongly backed by the former Commissioner for Justice, Freedom and Security, Franco Frattini as part of plans to strengthen the EurojustEurojust
Eurojust is an agency of the European Union dealing with judicial co-operation in criminal matters....
agency. Frattini stated in August 2007 that he is "convinced that Europe will have its general prosecutor in the future" and suggested that the Commission was just waiting for the treaty to come into force. He stated that a prosecutor "could prove useful" in areas "where important European interests are at stake", namely in dealing with financial crime, fraud and counterfeiting at European level.
Following the attacks on the eurozone
Eurozone
The eurozone , officially called the euro area, is an economic and monetary union of seventeen European Union member states that have adopted the euro as their common currency and sole legal tender...
by speculators in 2009-10, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
proposed the EU enact the European Public Prosecutor provision so the post could co-ordinate legal action in retaliation.
In March 2010 Eurojust
Eurojust
Eurojust is an agency of the European Union dealing with judicial co-operation in criminal matters....
cited the European Public Prosecutor's Office as a potential solution to the problem of cross border crime in the EU. Despite opposition from some member states seeing it as impinging on their sovereignty (partly due to the necessary harmonisation of legal codes) Eurojust set up a working group to study the idea.