The Relationship between the European Public Prosecutor’s Office and the National Prosecutor’s Office

  • Georgian Marcel Husti Cluj Bar Association
Keywords: European Public Prosecutor’s Office, national prosecutor’s office, conflicts of jurisdiction, criminal procedure, general prosecutor, minister of justice, right of evocation, Council Regulation (EU) 2017/1939, national judge, European Union, enhanced cooperation, criminal law, the raison d’etre of the EPPO

Abstract

The European Public Prosecutor’s Office (EPPO) is envisaged to take up its functions by the end of 2020. Therefore, the build-up phase will be of about three years. In the Romanian national legal system, and in general, in the states who have decided to join this enhanced cooperation, numerous changes must be made. To exemplify, in Romania, Law no. 303/2004 regarding the status of judges and prosecutors, Law no. 304/2004 regarding the organization of the judiciary and Law no. 135/2010 on Criminal Procedure have to be updated to incorporate Council Regulation (EU) 2017/1939. The purpose of this article is to try and analyze some of the challenges that arise from implementing said regulation, such as the relationship between the local prosecutor’s office and the European one and which is the national authority to rule on conflicts of jurisdiction.

Published
2019-11-01
Issue
No 2 (2019): Criminal Law Writings
Section
Doctrine