The Proposal for a Regulation on the Establishment of an European Public Prosecutor’s Office: Everything Changes, or Nothing Changes?

Caianiello, Michele

doi:10.1163/15718174-21022023

Cited by 12 publications

(3 citation statements)

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“…The Commission Proposal 9 envisaged a simpler framework than that ultimately adopted in the EPPO Regulation. 10 First, the EPPO as envisaged in the proposal had a vertical, cost-efficient structure 11 and was decentralized with most operative powers in the field to be exercised by the European Delegated Prosecutors (EDPs). However, the EDPs were required to act under the exclusive authority of the European Public Prosecutor (EPP) and to follow the EPP's instructions, guidelines and decisions alone in carrying out the investigations and prosecutions assigned to them.…”

Section: The Commission's Proposal V the Regulation: Two (Very) Diffmentioning

confidence: 99%

The decision to drop the case in the new EPPO’s regulation: Res Iudicata or transfer of competence?

Caianiello

2019

New Journal of European Criminal Law

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This article discusses one of the most important decisions the European Public Prosecutor’s Office (EPPO) can take: the decision to drop a case. When this happens, the case will either be referred to national prosecutors or to the European Anti-Fraud Office (OLAF) or dismissed entirely. Why is this an important decision? Because it means the EPPO declines to prosecute, prosecution being (along with investigation) its very raison d’être. This is why it is important to understand how and when the EPPO may drop a case. In this respect, the EPPO Regulation (adopted on 12 October 2017) pursues two goals: first, it seeks to leave the EPPO a certain margin of discretion when deciding whether to drop a case; secondly, however, it seeks to limit that discretion in order to reduce the risk of decisions that are arbitrary or based on irrelevant considerations. This article argues that this strikes an acceptable balance between two different legal traditions: the ones inspired by the strict legality principle, such as Italy and Germany, and those inspired by the principle of opportunity, such as France or England and Wales. The article further explores how this balance is consistent with the emerging principles of international criminal law, where international tribunals try the most serious crimes only.

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Section: The Commission's Proposal V the Regulation: Two (Very) Diffmentioning

confidence: 99%

The decision to drop the case in the new EPPO’s regulation: Res Iudicata or transfer of competence?

Caianiello

2019

New Journal of European Criminal Law

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“…Shortly after the issuance of the Commission's Proposal, 14 chambers of national parliaments from 11 Member States issued reasoned opinions based on Protocol No 2 to the Treaties on the application of the principles of subsidiarity and proportionality 4 , requesting the Commission to review the Proposal. 5 In its answer, the Commission concluded that its Proposal complies with the principle of subsidiarity and maintained it.…”

Section: Introductionmentioning

confidence: 99%

“…cit. P. 47.39 Article 23 of the EPPO Regulation.40 Recital 64 of the EPPO Regulation.41 Article 120 (2) of the EPPO Regulation.42 Articles 11(4) and 14 of the EPPO Proposal. See in details : Coninsx M. The European Commission's Legislative Proposal: An Overview of its Main Caracteristics.…”

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confidence: 99%

The Scope of Competence of the European Public Prosecutor’s Office

Udvarhelyi¹

2020

Modern Researches: Progress of the Legislation of Ukraine and Experience of the European Union

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Article 4 of the EPPO Proposal. 10 According to Point 3 of Article 2 of the EPPO Regulation, the notion of the financial interests of the Union means all revenues, expenditures and assets covered by, acquired through, or due to the Union budget and the budgets of the institutions, bodies, offices and agencies established under the Treaties and budgets managed and monitored by them.11 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law [OJ L 198, 28.07.2017, p. 29-41] (hereinafter referred to as -PIF Directive).12 Article 4 of the EPPO Regulation. 13 Recital 31 of the EPPO Regulation.

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Finding the Way in a Complex Multi-Level Legal Framework

Lasagni

2019

Banking Supervision and Criminal Investigation

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The Proposal for a Regulation on the Establishment of an European Public Prosecutor’s Office: Everything Changes, or Nothing Changes?

Cited by 12 publications

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The decision to drop the case in the new EPPO’s regulation: Res Iudicata or transfer of competence?

The decision to drop the case in the new EPPO’s regulation: Res Iudicata or transfer of competence?

The Scope of Competence of the European Public Prosecutor’s Office

Finding the Way in a Complex Multi-Level Legal Framework

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