Oireachtas Joint and Select Committees

Wednesday, 8 October 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Proposal to Establish a European Public Prosecutor's Office: Discussion

10:30 am

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

As it happens, just this morning we received a communique on foot of an inter-parliamentary meeting that was held on September 17 in Paris, which I will circulate. It relates to a "common declaration on the proposal for a Council regulation on the establishment of the European Public Prosecutor's Office ... signed in their own name by members of national parliaments of the European Union". We did not attend this meeting in Paris as it happened. The communique maintains that "the establishment of a European Public Prosecutor's Office, to reinforce the fight against financial crime affecting the European Union's financial interests, which is made possible by Article 86 of the Treaty on the Functioning of the European Union, should be supported and should fully take into account the positions and fundamental principles supported by the national parliaments".
The communique continues:

The proposal for a Council regulation on the establishment of the European Public Prosecutor's Office ... was largely debated within the national parliaments and was the subject of a 'yellow card' procedure in respect of the subsidiarity procedure, 14 chambers having judged that the proposal doesn't comply with the principle of subsidiarity.
The signatories of this common position consider that the European Public Prosecutor's Office, EPPO, should be established under a collegial structure, composed of national members drawn from their respective judicial systems. The EPPO shouldn't have exclusive competence, but shared competence with the judicial authorities of the Member States, combined with a general right of evocation. Several key provisions of the proposal for a regulation, such as the judicial review of EPPO's investigation and prosecution's acts, the admissibility of evidence and the rules on prescription periods are lacunar and must be subject to a more thorough work.
It should be emphasised that the work of the Council of the European Union under the Greek Presidency is heading in the right direction and that it is desirable that the work continue under the Italian Presidency. Ongoing negotiations should have to ensure the independence, the efficiency and the added-value of the EPPO.

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