The Establishment of the European Prosecutor
The Establishment of the European Prosecutor

Summary/Abstract: The idea of creating a European Prosecutor's Office to protect the financial interests of the European Union has long appeared to be a utopia, which has been presented since 1997 through the Corpus Juris paper and has been reiterated in the European Commission Green Paper in 11 December 2001, which refers to the criminal protection of community financial interests and the creation of the European Prosecutor. The Treaty on a Constitution for Europe also provided for the establishment of the European Prosecutor's Office. The Union has not given up the objective of setting up the European Prosecutor's Office, so that by amending the founding Treaties of the Treaty of Lisbon, at the primary legislation level, the European Prosecutor's Office has found regulation in Article 86 of the Treaty on the Functioning of the European Union. We will look over several issues related to the competence of the European Union to establish the European Prosecutor's Office from its first proposal of establishment by the European Commission in 2013. The proposal has undergone numerous changes over three years of negotiations, as a mean to in 2017, after a number of 17 states, including Romania, have notified the EU institutions about establishing a form of enhanced cooperation, having as a result the granting of the consolidated form on April 3rd, 2017. The regulations established by Regulation (EU) no. 2017/1939 of the Council implementing an enhanced form of cooperation regarding the establishment of the European Public Prosecutor's Office were also examined as well as some issues concerning its implementations by Romania.

• Details
• Contents