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In 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor's Office. The proposal provoked fierce debates, politically as well as on the academic level. Many national parliaments opposed and submitted formally their grievances to the Commission. Negotiations on the proposal between Member States are still ongoing. The T.M.C. Asser Instituut held the first international conference on this unprecedented proposal. This book reflects the main results of that conference. It provides a concise background of and reasoning for the introduction of this new EU body entrusted with far reaching judicial powers disclosing important legal and policy implications. Within its hitherto limited scope the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecutions offices. How will this evolve? This book will help answering fundamental questions involved.
List of contents
Introduction.- Presentation of the Commission's proposal on the establishment of the European Public Prosecutor's Office.- The Commission's legislative proposal: an overview of its main characteristics.- Is the Commission proposal for a European Public Prosecutor's Office based on a harmonious interpretation of Articles 85 and 86 TFEU?.- Constitutional issues of multilevel prosecution by the European Public Prosecutor's Office from a Union perspective.- The European Public Prosecutor's Office and Eurojust: 'Love match or arranged marriage'?.- Some explorations into the EPPO's administrative structure and judicial review.- Search and seizure measures and their review.- The choice of forum by the European Public Prosecutor.- Issues of conferral, subsidiarity and proportionality.- European Public Prosecution's Office: A far from perfect proposal.- Establishing enhanced cooperation under Article 86 TFEU.- Implications of enhanced cooperation for the EPPO model and its functioning.
Summary
In 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor’s Office. The proposal provoked fierce debates, politically as well as on the academic level. Many national parliaments opposed and submitted formally their grievances to the Commission. Negotiations on the proposal between Member States are still ongoing. The T.M.C. Asser Instituut held the first international conference on this unprecedented proposal. This book reflects the main results of that conference. It provides a concise background of and reasoning for the introduction of this new EU body entrusted with far reaching judicial powers disclosing important legal and policy implications. Within its hitherto limited scope the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecutions offices. How will this evolve? This book will help answering fundamental questions involved.
