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Prof. Sabino Cassese

Il coraggio che serve all’Europa – The Courage that Europe Needs

17 April 2018 (updated 5 years, 7 months ago) // english

Free translation from Italian into English by Francesco de Angelis and Indira Tie from an article written by Professor Sabino Cassese
With its recent decision of 20 December 2017, the European Union – the most ingenious political construction of the 20th century – reminded Poland that common values have to be respected. Since it is the first time in the history of the Union that this has ever happened, this event deserves reflection.

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Maesa_bw.jpg Costanza Di Francesco Maesa

Repercussions of the Establishment of the EPPO via Enhanced Cooperation

EPPO's Added Value and the Possibility to Extend its Competence

18 January 2018 (updated 5 years, 3 months ago) // english

This article addresses several issues on the added value of the recently established European Public Prosecutor's Office (EPPO). One section of the article explores whether the establishment of the EPPO via enhanced cooperation undermines the added value of the EPPO in combating crimes affecting the financial interests of the Union. Another section offers an evaluation of whether the establishment of the EPPO via enhanced cooperation makes it more difficult or even impossible to further extend the competence of the EPPO over terrorism-related crimes.

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Giuffrida_Fabio_SW.jpg Fabio Giuffrida

Cross-Border Crimes and the European Public Prosecutor’s Office

17 January 2018 (updated 5 years, 6 months ago) // english

This contribution aims to shed light on some issues concerning the cross-border cases (already or potentially) falling within the competence of the EPPO. The notion of “cross-border cases” – them being PIF offences or other offences – encompasses at least three scenarios:
i) Cases involving two or more Member States participating in the EPPO, including cases where the criminal activity is carried out in a single country, but the suspect has a habitual residence in, or is a national of, another Member State;
ii) Cases involving two or more Member States, one of which is not part of enhanced cooperation;
iii) Cases involving at least one third country.
In the scenarios under ii) and iii), the controversial topic is how to regulate the relations of the EPPO with the competent authorities of non-participating Member States or third countries. In contrast, the scenario under i) brings to the fore issues concerning the efficient handling … Read more

Met-Domestici_online.jpg Alexandre Met-Domestici PhD

The Hybrid Architecture of the EPPO

From the Commission’s Proposal to the Final Act

16 January 2018 (updated 5 years, 3 months ago) // english

The Commission’s proposal for the Regulation establishing a European Public Prosecutor's Office (EPPO) had been under negotiation within the Council for more than three years. Remarkably, the Regulation provides for shared competence between the Member States and the EPPO as regards the prosecution of PIF offences, whereas the original proposal provided for an exclusive competence of the Office.

The most striking change during the negotiations, however, relates to the very design of the EPPO. Member States have been advocating a shift towards a College model – allowing them to designate European Prosecutors who will be members of the European body of the Office. This change may result in an EPPO that will be less decentralized than originally foreseen in the Commission’s proposal. The currently envisaged layout can therefore be considered a mix between the decentralized and the College models.

Against this backdrop, the article first analyses the structure … Read more

Csonka_online.jpg Peter Csonka / Juszczak_Adam_online.jpg Adam Juszczak / Sason_Elisa_new_sw Elisa Sason

The Establishment of the European Public Prosecutor's Office

The Road from Vision to Reality

15 January 2018 (updated 5 years, 6 months ago) // english

The establishment of a European prosecution office with the competence to fight crimes against the financial interests of the EU has been the subject of discussion for many years . Twenty years after the Corpus Juris experts recommended setting up a European Public Prosecutor's Office (EPPO) and four years after the Commission tabled its proposal , the Regulation establishing the EPPO received the European Parliament's consent on 5 October 2017 and was finally adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017 under enhanced cooperation with 20 Member States . The Regulation was published in the Official Journal on 31 October 2017 and entered into force on 20 November 2017.
The EPPO will be an independent European prosecution office competent for investigating and prosecuting the crimes.
This article sets out the main elements of the Regulation, outlines the expected advantages of the EPPO, illustrates the next steps … Read more