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The European Public Prosecutor's Office: The Challenges Ahead

The European Public Prosecutor's Office: The Challenges Ahead

Author: Lorena Bachmaier Winter
Publisher: Springer-Verlag
ISBN: 9783319939155
Published In: November 2018
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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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. This work 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, as public prosecutors will be closely linked to the functioning of the future European public prosecutor's office.

Antonio Martinez Santo, The status of independence of the European Public Prosecutor's Office and its guarantees

David Vilas Alvarez, The material competence of the European Public Prosecutor's Office

Helmut Satzger, The European Public Prosecutor's Office and its coordination with the national public prosecutor's office: The model of complementarity

Michele Panzavolta, Choosing the national forum in proceedings conducted by the EPPO: Who is to decide?

Jorge A. Espina Ramos, The relationship between Eurojust and the European Public Prosecutor's Office

Michele Caianiello, The decision to drop the case: Res iudicata or transfer of competence?

Lorena Bachmaier Winter, Cross-border investigations under the EPPO proceedings and the quest for balance

Silvia Allegrazza and Anna Mosna, Cross-border criminal evidence and the future European Public Prosecutor: One step back on mutual recognition?

Mercedes de Prada Rodriguez and Antonio Zarate Conde, Transactions and "simplified procedures" in the framework of the European Public Prosecutor's Office: A national perspective

Giulio Illuminati, Protection of fundamental rights of the suspect or accused in transnational proceedings under the EPPO

Stefano Ruggeri, 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

Nuria Diaz Abad, The legal framework of the protection of fundamental rights of the supected or accused in transnational proceedings under the EPPO

Pedro Perez Enciso, Exchange and processing of information between the European Public Prosecutor's Office and national authorities: The case management system.