The European Public Prosecutor's Office: The Challenges Ahead

Description

This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office. Front Matter ....Pages i-xviii The Status of Independence of the European Public Prosecutor’s Office and Its Guarantees (Antonio Martínez Santos)....Pages 1-23 The Material Competence of the European Public Prosecutor’s Office (David Vilas Álvarez)....Pages 25-41 The European Public Prosecutor’s Office and Its Coordination with the National Public Prosecutor’s Office: The Model of Complementarity (Helmut Satzger)....Pages 43-57 Choosing the National Forum in Proceedings Conducted by the EPPO: Who Is to Decide? (Michele Panzavolta)....Pages 59-86 The Relationship Between Eurojust and the European Public Prosecutor’s Office (Jorge A. Espina Ramos)....Pages 87-101 The Decision to Drop the Case: Res Iudicata or Transfer of Competence? (Michele Caianiello)....Pages 103-115 Cross-Border Investigations Under the EPPO Proceedings and the Quest for Balance (Lorena Bachmaier Winter)....Pages 117-139 Cross-Border Criminal Evidence and the Future European Public Prosecutor. One Step Back on Mutual Recognition? (Silvia Allegrezza, Anna Mosna)....Pages 141-164 Transactions and “Simplified Procedures” in the Framework of the European Public Prosecutor’s Office. A National Perspective (Antonio Zárate Conde, Mercedes de Prada Rodríguez)....Pages 165-177 Protection of Fundamental Rights of the Suspect or Accused in Transnational Proceedings Under the EPPO (Giulio Illuminati)....Pages 179-199 Criminal Investigations, Interference with Fundamental Rights and Fair Trial Safeguards in the Proceedings of the European Public Prosecutor’s Office. A Human Rights Law Perspective (Stefano Ruggeri)....Pages 201-233 The Legal Framework for the Protection of Fundamental Rights of the Suspect or Accused in Transnational Proceedings Under the EPPO (Nuria Díaz Abad)....Pages 235-252 Exchange and Processing of Information Between the European Public Prosecutor’s Office and National Authorities. The Case Management System (Pedro Pérez Enciso)....Pages 253-279