The impact of the European Public Prosecutor’s Office on the United Kingdom

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Series Details (2014-15)HL53
Publication Date 03/11/2014
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The House of Lords EU Justice, Institutions and Consumer Protection Sub-Committee expressed its concerns in a report published on the 3 November 2014 about the proposal establishing a European Public Prosecutor’s Office (EPPO) currently being discussed by Member States.

The European Commission published its proposal to establish the EPPO in July 2013. Its aim was to create an EU-wide body responsible for investigating, prosecuting and bringing to justice those who commit fraud against the EU’s finances.

The Coalition Agreement, signed by the Government in 2010, said that the UK will not opt-in to any EPPO. The European Union Act 2011 also said that the UK could not participate without a referendum taking place. In October 2013 the House of Lords, along with 13 other legislative chambers of Member States, submitted reasoned opinions challenging the Commission’s proposal on the grounds of subsidiarity. However, the Commission decided to press on with its proposal unamended, then, in March 2014, the Presidency produced an alternative text.

The report highlights a number of problems with the two texts currently under discussion and their potentially significant ramifications for the UK’s future relationships with OLAF and Eurojust. The report argues that the Commission’s proposed EPPO would be in danger of being overwhelmed by its workload, and its structure would not be robust enough to enable it to monitor its investigations in the participating States. The Committee predicts similar problems with the Presidency’s alternative. The evidence on the proposed introduction of a collegiate structure into the EPPO - mimicking Eurojust’ structure - overwhelmingly suggests that this would further complicate matters.

The report calls on the Government and the European Parliament to make sure that the adopted text safeguards the position in OLAF and Eurojust of those Member States not participating in the EPPO.

Source Link http://www.publications.parliament.uk/pa/ld201415/ldselect/ldeucom/53/53.pdf
Related Links
United Kingdom: House of Lords: Select Committee on the European Union: 4th Report (2014-15): The impact of the European Public Prosecutor's Office on the United Kingdom http://www.publications.parliament.uk/pa/ld201415/ldselect/ldeucom/53/5302.htm
ESO: Background information: Dutch MPs take lead to weaken EU prosecutor plans http://www.europeansources.info/record/dutch-mps-take-lead-to-weaken-eu-prosecutor-plans/
ESO: Background information: Protecting taxpayers' money: A truly independent and efficient European Public Prosecutor http://www.europeansources.info/record/speech-protecting-taxpayers-money-a-truly-independent-and-efficient-european-public-prosecutor/
European Commission: DG Justice: Criminal Justice: Judicial cooperation: European Public Prosecutor's Office http://ec.europa.eu/justice/criminal/judicial-cooperation/public-prosecutor/index_en.htm
United Kingdom: House of Lords: Select Committee on the European Union: News, 03.11.14: Proposed EPPO poses dangers to UK's future relationship with the European Anti-Fraud Office http://www.parliament.uk/business/committees/committees-a-z/lords-select/eu-law-and-institutions-sub-committee-e/news/eppo-report-publication/

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