Suchergebnisse

An analysis of the legal aspects of the independence of public prosecutors should examine the contexts that frame their external and internal independence. The paper proposes the thesis that although the legislation proclaims that within the scope of his/ her activities a public prosecutor is independent, though a particular legal solution has significantly limited this independence, and this has made public prosecutors dependent on political guidelines, dispositions, and orders.

This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the proposal for a Regulation establishing the EPPO. The evolution of the text is analysed through a comparison between the initial Commission proposal and the current version of the text (dated of 28 October 2016). The paper assesses whether the EPPO, as it is currently envisaged, would fit the objectives assigned to it, whether it will have some added value, and whether it will be able to function efficiently and in full respect of fundamental rights. It focuses on the main issues at stake and controversial points of discussion, namely the EPPO institutional design, some material issues, its procedural framework, and its relations with its partners. ; IPOL_STU(2016)571399_EN ; info:eu-repo/semantics/published

This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the proposal for a Regulation establishing the EPPO. The evolution of the text is analysed through a comparison between the initial Commission proposal and the current version of the text (dated of 28 October 2016). The paper assesses whether the EPPO, as it is currently envisaged, would fit the objectives assigned to it, whether it will have some added value, and whether it will be able to function efficiently and in full respect of fundamental rights. It focuses on the main issues at stake and controversial points of discussion, namely the EPPO institutional design, some material issues, its procedural framework, and its relations with its partners. ; PE 571.399 ; info:eu-repo/semantics/published

These introductory remarks deal with the reasons why the EPPO is perceived by some as a controversial body. These reasons are mirrored with the problem identification and the causes thereof. The size of EU fraud and related corruption and money laundering, both at the income and expenditure side, is quite significant. There is also a strong enforcement deficit in the Member States, especially in the case of complex transnational VAT and customs fraud cases. Three fields of action are potentially of interest for the EPPO: VAT, customs and smuggling, and fraud and corruption within the EU institutions. This leads to the analysis of what the potential added value of the EPPO could be, both from a technical fraud perspective as from a political legitimacy perspective. Finally, the introduction deals with the ongoing negotiations on the EPPO proposal, taking into account the mandate and rationale of Article 86 TFEU in the framework of the Area of Freedom, Security and Justice.