Projekt rozporządzenia Rady w sprawie ustanowienia Prokuratury Europejskiej
Proposal for a Council Regulation on the Establishment of the European Public Prosecutor’s Office

Summary/Abstract: The article deals with the proposal for a Council regulation on the establishment of the EuropeanPublic Prosecutor’s Offi ce (COM(2013) 534 fi nal). The European Public Prosecutor’s Offi ce is to beset up as a new Union law enforcement authority responsible for prosecution of offences affectingthe Union’s fi nancial interests. Particular attention was paid to the issue of the compatibility of theproposal with the principle of subsidiarity (Article 5 (3) TUE). The Treaty of Lisbon has made nationalparliaments of the Member State responsible for the observance of that principle. More thana dozen parliamentary chambers have submitted reasoned opinions through which they addressedtheir concerns about violation of that principle by the proposed regulation. Despite the strong reactionfrom the national parliaments the European Commission has decided to continue work on theproposal. From analysis of the arguments contained in the reasoned opinions submitted by the nationalparliaments on the proposed regulation about the European Public Prosecutor’s Offi ce it followsthat the rules of the operation of the principle of subsidiarity, and the assessment criteria applied inthis respect, are unclear. Most of the reasoned opinions from the national parliaments contains, apartfrom the allegations related strictly to the principle of subsidiarity, other objections of a legal or politicalnature, which do not concern that principle. The practice of national parliaments in this areais not uniform. Lack of uniformity may be one of the reasons why the Commission does not seem tohear the voice of the parliamentary chambers and is continuing the work on the proposal.

• Details
• Contents